Is it reasonable for an offeree to refuse an offer to settle where there are many contentious issues to be tried?

British Columbia, Canada


The following excerpt is from Oler v Wheeler, 2018 BCSC 664 (CanLII):

It is reasonable for an offeree to refuse an offer to settle where there are many contentious issues to be tried: Mayer v. Umabao, 2016 BCSC 2355 where Madam Justice Young was deciding a motor vehicle case where there were several contentious issues of causation regarding alleged mental deficits.

Counsel noted the line between the dogged pursuit of a very dubious claim and the determined exploration of a legitimate but ultimately unsuccessful theory of liability is not always clear-cut referring to Burnett v. Moir, 2012 BCSC 1286 where the plaintiff’s motor vehicle case was dismissed on the issue of liability.

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