Can a second offer to settle a claim for damages be considered as a result of the withdrawal of an initial offer?

British Columbia, Canada


The following excerpt is from Sauer v. Scales, 2012 BCSC 1883 (CanLII):

In ICBC v. Patko, 2009 BCSC 578 at paras. 34-36, the court held that, where an initial offer to settle is withdrawn and a second offer is made in its place, the initial offer may still be considered for the purposes of Rule 9-1 (then Rule 37B).

Other Questions


Can an offer to settle a claim be delivered without an offer of settlement? (British Columbia, Canada)
How have the courts in BC dealt with the cost of an offer to settle a claim for damages pursuant to Rule 9-1? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is there any distinction between damages for the taking of a Crown grant mineral claim which is a chattel and damages for taking a Crown Grant mineral claim that is a interest in land? (British Columbia, Canada)
What is the difference between an initial and comprehensive settlement offer made by the respondent and a revised offer to settle? (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 are the applicable rules and principles where an offer to settle is considered? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Can a plaintiff claim damages for injuries sustained as a result of a motor vehicle accident? (British Columbia, Canada)
Can a plaintiff claim aggravated damages for mental distress as a result of the denial of pay in lieu of notice? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.