Can a party who is not otherwise entitled to costs still recover costs if their offer to settle is better than the result of the trial?
British Columbia, Canada
The following excerpt is from H.K. v W.K, 2018 BCSC 1447 (CanLII):
The cases are somewhat inconsistent about whether a party who is not otherwise entitled to costs may, nevertheless, be entitled to costs if their offer to settle is better than the result the other party obtained at trial. I am satisfied that double costs cannot be ordered if regular costs are not first awarded, but that a party who was not substantially successful at trial can still recover costs under Rule 11-1(5)(d) if the offer the party made was better than the result the other party obtained at trial: see Paul at para. 29 and Judge v. Judge, 2015 BCSC 2240 at para. 14.
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