What is a party's entitlement to costs under Rule 37 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Couture v. Oviatt, 2009 BCSC 155 (CanLII):
Under Rule 37, a party’s entitlement to costs was primarily determined by whether the ultimate award was more money or less money than the amount set out in the offer to settle. The court retained some discretion with respect to costs regardless of this result, but there needed to be very good reasons to depart from the consequences of the Rule: Brown v. Lowe, 2002 BCCA 7.
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