In what circumstances will the court refuse to accept an offer to settle with the orders made in a family proceeding?
British Columbia, Canada
The following excerpt is from Wallace v Pichichero, 2021 BCSC 2347 (CanLII):
In Jukic v. Luta, 2009 BCSC 365, the court expressed a similar view somewhat differently. It concluded that, in light of the multiple issues involved in a family proceeding, it would be "virtually impossible" to match an offer to settle with the orders made and that such a high standard was not required in order to be entitled to double costs.
In terms of establishing the alleged counsel agreement on costs, "[t]he burden of proving consensus between the parties falls to the party seeking to prove the existence of the agreement, and the standard to be met is proof on a balance of probabilities”: Reid v. Reid, 2011 BCSC 231 at para. 27.
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