Can the Rais rely on Rule 37 or Rule 37A to claim costs?

British Columbia, Canada


The following excerpt is from Lau v. Rai, 2009 BCSC 696 (CanLII):

This situation is similar to one confronted in Lewis v. Abel, 2008 BCSC 140. In Lewis, at para. 29, the court found that an attempt to make an offer that escapes the obligation to pay costs is not an offer which complies with Rule 37 or Rule 37A. Therefore, the Rais cannot rely on Rule 37 to claim costs.

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