What is the test for delivering an offer to settle?
British Columbia, Canada
The following excerpt is from Haynes v. Fontaine, 1980 CanLII 547 (BC SC):
3. In Jager v. Barnett, Vancouver No. 43398/73, Legg J. said: "In my view the two subrules should be read to mean that, if a plaintiff wishes to obtain an award of double costs for the tariff items mentioned in R. 57(18), he should deliver the offer to settle so as to give the defendant, through his solicitor, reasonable notice of the otter and an opportunity to consider the offer with a view to accepting or rejecting it. What is reasonable notice depends on the circumstances of each case.''
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