Is there a "special reason" for not awarding double costs to an appellant who has rejected an offer to settle a liquidated claim?
Alberta, Canada
The following excerpt is from Foothills Decorating Ltd. v. Amigo Construction Ltd., 2000 ABQB 993 (CanLII):
In the circumstances of the Labbee v. Peters case, supra, where an offer had been made for the first time prior to the hearing of the appeal, there was a “special reason” for not giving double costs. There an offer to settle a liquidated claim exceeded the maximum possible liability of the offeree and the offeree was justified in not accepting it. This constituted a “special reason” for not awarding double costs.
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