Does a defendant have to pay special costs if a plaintiff has made an offer to settle their claim?
British Columbia, Canada
The following excerpt is from Midland Mortgage Corp. v. Jawl & Bundon, 1997 CanLII 2042 (BC SC):
A contrary view was expressed by Stromberg-Stein J. in Kalaman v. Singer.[9] She stated that a defendant should not be able to take advantage of the fact that the plaintiff made an offer to settle in order to minimize the disparity between ordinary costs and 50% of special costs.
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