What is the test for close proximity to a trial result?
Ontario, Canada
The following excerpt is from Aitafoh v. Karlowski, 2017 ONCJ 456 (CanLII):
[7] Close is not good enough to attract the costs consequences of 18 (14). The offer must be as good or more favourable than the trial result. However, even if the offer does not attract the costs consequences set out in subrule 18 (14), it may be considered under subrule 18 (16). See: Gurley v. Gurley, 2013 ONCJ 482.
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