What are the implications of the BCSC’s Costs provisions in the context of litigation costs?
British Columbia, Canada
The following excerpt is from Jayetileke v. Blake, 2010 BCSC 1478 (CanLII):
Costs provisions are intended to encourage the reduction of litigation expense, and to discourage conduct that has the opposite effect. Costs awards are designed to encourage settlement by penalizing the party that declines an offer to settle which was better than the trial result: Bailey v. Jang, 2008 BCSC 1372, 90 B.C.L.R. (4th) 125 at paras. 15-17.
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