What is the impact of an insurer’s “favourable” and “less favourable” terms of an offer?
Ontario, Canada
The following excerpt is from Mikolic v. Tanguay and Albano, 2014 ONSC 1369 (CanLII):
Costs consequences are result oriented. Pursuant to rule 49.10, the terms of the offer are measured not against the claim advanced but rather against the judgment obtained in order to determine whether such offer is “as favourable as”, “more favourable than”, or “less favourable than” the judgment. Lawson v. Viersen, supra. at para. 21
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