Does Rule 37B of the Rules of Civil Procedure require a plaintiff to accept an offer to settle?
British Columbia, Canada
The following excerpt is from Jacobs v. McLaughlin, 2009 BCSC 325 (CanLII):
Unlike its predecessor, Rule 37B does not mandate outcomes; if the plaintiff fails to beat an offer to settle, it does not mean that the plaintiff will automatically be deprived of costs, as this "interpretation would fetter what is clearly intended to be an unfettered discretion": Bailey v. Jang, 2008 BCSC 1372, [2008] B.C.J. No. 1952, at para. 19 [Bailey].
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