Can Rule 37 apply to an offer to settle an issue concerning costs?
British Columbia, Canada
The following excerpt is from Leeuw v. Arrow Transportation Systems Inc., 2007 BCSC 1590 (CanLII):
In Coulter v. Ball, 2003 BCSC 1629, appeal allowed in part, 2005 BCCA 199, 39 B.C.L.R. (4th) 82, Ross J., considered the application of Rule 37 in relation to an offer to settle an issue concerning costs. In the course of her analysis she determined that a “claim” for the purposes of this rule means a “cause of action”. She then addressed the distinction between a “cause of action” and “an issue incidental to the litigation process”.
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