Can a pre-trial offer to settle a matrimonial matter be considered in the context of costs?
British Columbia, Canada
The following excerpt is from Hoem v. Hoem, 1998 CanLII 3822 (BC SC):
In Piercy v. Piercy (1991), 60 B.C.L.R. (2d) (B.C.S.C.), Huddart J. (as she then was) held that pre-trial offers to settle can only be considered in the context of costs if the party relying on the offer has followed the procedures set out in the Rules of Court. This decision was followed in Eddy v. Eddy (1993), 15 C.P.C. (3d) 323 where MacDonald J. held that a Calderbank letter carries no cost consequences in matrimonial proceedings.
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