Is Rule 37 of the Rules of Civil Procedure applicable to matrimonial litigation?
British Columbia, Canada
The following excerpt is from M.U.L. v. L.J.L., 2005 BCSC 1468 (CanLII):
Rule 37 is, as stated in Brown v. Lowe, a complete code. It is important that the Rule be uniformly applied to give effect to its purpose. Litigants must be able to make offers of settlement under the Rule with confidence that the Rule will be applied when costs are awarded. I consider that that statement is equally apt to matrimonial litigation as it is to other civil litigation, although by its terms Rule 37(26.1) does has [sic] an evaluative aspect not present in Rule 37(24) through its use of the term “as favourable, or more favourable”.
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