What are the factors used to determine whether an offer to settle was open for acceptance?
British Columbia, Canada
The following excerpt is from Golkar-Karimabadi v Bush, 2021 BCSC 1524 (CanLII):
The first factor – whether the offer to settle was one that ought reasonably to have been accepted – is not determined by reference to the award that was ultimately made. Rather, the court must consider whether, at the time that the offer was open for acceptance, it would have been reasonable for it to have been accepted. The reasonableness is to be assessed by reference to the circumstances existing when the offer was open for acceptance, not by reference to the court’s ultimate decision. See Hartshorne v. Hartshorne, 2011 BCCA 29, at para. 27.
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