How have courts interpreted r. 9-1(6) of the Rules of Civil Procedure and Civil Procedure in determining whether to accept an offer to settle?

British Columbia, Canada


The following excerpt is from Ganges Kangro Properties Ltd. v. Shepard, 2014 BCSC 1609 (CanLII):

In sum, a court has very broad discretion under r. 9-1(6); that discretion, however, is not unfettered, and a court must exercise its discretion according to principle: Hartshorne at paras. 22-23; Paskall v. Scheithauer, 2014 BCCA 26 at para. 83. Indeed, while r. 9-1(6) of the Rules is clearly discretionary, as Goepel J. said (as he then was) in A.E. v. D.W.J., 2009 BCSC 505 at para. 62: …the defendant’s offer to settle cannot be ignored, because to do so would undermine the purpose of the Rule. Having decided to proceed in face of a not insignificant and ultimately successful offer to settle, the plaintiff cannot avoid some consequences.

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