Can a plaintiff claim lump sum costs under Rule 66(29) of the Rules of Civil Procedure under Rule 37?
British Columbia, Canada
The following excerpt is from Lee v. Gill, 2003 BCSC 195 (CanLII):
In Reid v. I.C.B.C., the court held that the lump sum costs in Rule 66(29) should be awarded without the application of Rule 37 unless there are "special circumstances" requiring an exercise of judicial discretion. The court held the fact the plaintiff made a formal offer to settle and was awarded more at trial, did not constitute such circumstances.
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