What are the considerations that determine whether double costs are appropriate?
British Columbia, Canada
The following excerpt is from Smith v. Neil, 2015 BCSC 572 (CanLII):
The considerations which inform the result of whether double costs are appropriate were succinctly summarized in Gichuru v. York, 2012 BCSC 1385, as follows:
An award of double costs is “a punitive measure against a litigant for that party’s failure, in all of the circumstances, to have accepted an offer to settle that should have been accepted”: Hartshorne v. Hartshorne, 2011 BCCA 29, at para. 25 [Hartshorne].
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