Does a successful party have to accept an offer to settle?
British Columbia, Canada
The following excerpt is from Buss v. Meichsner, 2015 BCSC 1914 (CanLII):
The fact that a party has been successful at trial does not mean that the trial judge must award costs in its favour and, under Rule 14-1(9), may make an order otherwise: Loft v. Nat, 2014 BCCA 108 at para. 49. One such basis for making a contrary order includes a failure to accept an offer to settle under Rule 9-1. While an offer to settle is not a factor in determining whether a party has been successful, it is relevant when considering whether a successful party should be deprived of all or some costs, as well as on the question of double costs.
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