Does Rule 37B of the BC Civil Rules 37B allow a court to set aside a binding agreement regarding costs and/or an offer to settle?
British Columbia, Canada
The following excerpt is from Nazmdeh v. Ursel, 2010 BCSC 136 (CanLII):
Further, where, as in this case, an offer to settle has been accepted and the parties have made a binding agreement regarding costs, Rule 37B does not confer a discretion on the court to set aside that agreement: Buttar v. Di Spiritu, 2009 BCSC 72 at paras. 11-17.
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