What is the test for determining whether a plaintiff has been successful in obtaining a judgment as favourable as or more favourable than an offer made?
British Columbia, Canada
The following excerpt is from Stanger v. Dehen, 2010 BCSC 484 (CanLII):
The defendant argues that pursuant to Lloyd v. Lloyd, 2007 BCSC 1006, at para. 24, the defendant need only show that the judgment obtained was “as favourable as or more favourable than the offer made”. However, caution must be taken when referring to cases decided under the old Rule 37, which gave judges considerably less discretion in awarding costs when offers were made. The principles from these older cases, decided under a considerably different statutory framework, may no longer be applicable. In this case, the strict rule embodied in Lloyd v. Lloyd is one such principle. A comparison between the judgment obtained and the offer made is only one factor that the court may consider in exercising its discretion (Rule 37B(6)(b)). It is not the sole factor nor is it the overriding factor.
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