Can an offer to settle be considered when exercising its discretion in the matter of costs?
British Columbia, Canada
The following excerpt is from P.H. v. Canada (Attorney General), 2016 BCSC 173 (CanLII):
Under Rule 9-1(4), the court may consider an offer to settle when exercising its discretion in relation to costs. Where an offer to settle has been made, the court has discretion to, inter alia, order double costs for all of the steps taken in the proceeding after the date that the offer to settle was made: Rule 9-1(5)(b). Double costs may be ordered in a fast track proceeding: Gichuru v. Pallai, 2013 BCCA 60 at paras. 39-40.
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