What is the test for the meaning of the phrase “whether some rationale for the offer was provided” in the context of a claim?
British Columbia, Canada
The following excerpt is from Paskall v. Scheithauer, 2014 BCCA 26 (CanLII):
In my view, while the discretion is very broad, it is not unfettered. It must be exercised in accordance with principle: Hartshorne v. Hartshorne, 2011 BCCA 29 at paras. 22-23. I do not consider that the phrase in Hartshorne – “whether some rationale for the offer was provided” – leads to a requirement that a party must “provide the plaintiff with evidence on which she could judge the reasonableness of the offers to settle”, as the judge suggested at para. 35.
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