The claimant cites Khunkhun v. Titus, 2011 BCSC 1677 at para. 25 for the proposition that the respondent ought to have accepted because reasonable counsel aware of all the evidence when the offer was made would have encouraged acceptance. The claimant supports her argument on this point by comparing the terms of the offer to the result at trial. She concedes on certain terms the court awarded her less than she would have received if the respondent had accepted her offer but maintains overall the judgment met or beat her offer. She says the respondent would have been better off had he accepted her offer and avoided litigation.
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