What are the consequences of failing to properly serve Offer #3?
British Columbia, Canada
The following excerpt is from BCI Bulkhaul Carriers Inc. v. Wallace, 2015 BCSC 107 (CanLII):
Offer #3 was not properly served in accordance with Rule 9-1(1)(c)(ii) and therefore it would be inappropriate for the court to apply the cost options set out in Rule 9-1(5). The conditions of Rule 9-1(1)(c) require strict compliance: Lau v. Rai, 2009 BCSC 696 at para. 26. Offer #3 was emailed to plaintiff’s counsel on the afternoon of Friday, October 11, 2013. The plaintiff does not have an email address for service. The offer was set to close Tuesday, October 15, 2013 at 1:00 p.m. Monday, October 14, 2013 was the Thanksgiving holiday. Formal service did not occur until after the expiration of Offer #3 in accordance with its terms.
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