When an offer made by a defendant for the purpose of achieving a pre-trial settlement is reasonably refused, is the fact that the action is ultimately dismissed in its entirety a consideration for double costs?
British Columbia, Canada
The following excerpt is from Kopp v. Kopp, 2011 BCSC 889 (CanLII):
I am also of the view that when an offer made by a defendant for the purpose of achieving a pre-trial settlement is reasonably refused, the mere fact that the action is ultimately dismissed in its entirety is not a consideration with respect to double costs. To take the disposition of the action into account would result in the “hindsight analysis” that Mr. Justice Hinkson, as he then was, cautioned against in Bailey v. Jang, 2008 BCSC 1372... [Emphasis added.]
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