Is it unreasonable not to accept the First Offer?

British Columbia, Canada


The following excerpt is from Wallace v Pichichero, 2021 BCSC 2347 (CanLII):

I conclude that the First Offer contained fair terms, and it was unreasonable not to accept it at the time that it issued. The offer addressed all major matters at issue, was delivered well in advance of the trial, and was sufficiently clear and comprehensive so as to allow the respondent to fairly evaluate its merits: Hartshorne v. Hartshorne, 2011 BCCA 29 at para. 27. The litigation had been ongoing for several years and the parties were thus presumably well aware of the facts underlying the issues when the First Offer was delivered.

Other Questions


When is an offer not an offer that ought reasonably have been accepted? (British Columbia, Canada)
Is a party entitled to double costs for failing to accept an offer that should have been accepted? (British Columbia, Canada)
Is it unreasonable for a plaintiff not to accept an offer to settle their claim before trial has begun? (British Columbia, Canada)
What is the test for whether an offer was an offer that ought reasonably to have been accepted? (British Columbia, Canada)
Is there any case law where a party has been awarded double costs for failing to accept an offer that should have been accepted? (British Columbia, Canada)
What is the burden of proving that a party making an offer to a prospective buyer of a dog is reasonable to expect that the offer ought to have been accepted? (British Columbia, Canada)
How have courts overturned a finding that an employee acted unreasonably in refusing to accept an offer of re-employment? (British Columbia, Canada)
How have courts in BC considered factors relevant to the consideration of the first factor in a plaintiff's refusal to accept an offer to settle? (British Columbia, Canada)
What is the test for an award of double costs for failing to accept an offer to settle that should have been accepted? (British Columbia, Canada)
Is a party entitled to double costs for refusing to accept an offer to settle that should have been accepted? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.