What is the test for a formal offer to settle on costs?
British Columbia, Canada
The following excerpt is from Gregory v. Insurance Corporation of British Columbia, 2010 BCSC 1369 (CanLII):
The real issue is which party is entitled to what costs. As a general overriding principle, it is important to note that as trial judge I have the broad discretion to award costs in any of the alternative manners set out by both counsel; Roach v. Dutra, 2010 BCCA 264. Although this discretion has sometimes been described as "unfettered," it is always to be exercised judicially, that is, according to legal principles. Rule 9-1(6) sets out the factors for the court to consider in assessing the impact of a formal offer to settle on an award of costs. Taking each one of these factors in turn, I find the following:
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Other Questions
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Can a formal offer to settle be sent to an email address rather than the formal address for delivery? (British Columbia, Canada)
Does the service of a formal offer to settle and the failure of the defence to consent to having the matter proceed by way of Rule 66 constitute "special circumstances" sufficient to require special costs? (British Columbia, Canada)
Can a party who is not otherwise entitled to costs still recover costs if their offer to settle is better than the result of the trial? (British Columbia, Canada)
Can a court award double costs of all or some steps taken in a proceeding after the date of delivery or service of a formal offer to settle? (British Columbia, Canada)
Is an offer to settle providing that each party bears its own costs an offer under Rule 37A? (British Columbia, Canada)
What is the test for a defendant to seek costs for an application for costs after an offer to settle was made? (British Columbia, Canada)
Is a plaintiff entitled to double costs under Rule 37 of the Rules of Civil Procedure if it makes a single offer to settle two separate actions? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
Can Rule 37 apply to an offer to settle an issue concerning costs? (British Columbia, Canada)
