Is Rule 37B of the BC's Rules 37B common law common law applicable to a plaintiff in a personal injury case?
British Columbia, Canada
The following excerpt is from Coates v. Marioni, 2009 BCSC 686 (CanLII):
One of the goals of Rule 37B, like the former Rule 37, is to encourage settlement of cases. Where there is an offer that ought reasonably to have been accepted, the party who does not accept it may be deprived of costs she would otherwise have been entitled to. A factor which may offer some assistance in assessing whether the plaintiff ought to have accepted the offer is the amount of the offer in comparison to the award made at trial: Lumalan v. Sadler, 2009 BCSC 142.
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