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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.
Other Questions
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
How has the BCSC interpreted Rule 14-1(9) of the Rules of Civil Procedure and Procedure regarding the exercise of discretion of the Court of Appeal? (British Columbia, Canada)
Does Rule 37B of the Rules of Civil Procedure require a plaintiff to accept an offer to settle? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
Can a plaintiff proceed by petition under Rule 10(1) of the BC Rules of Civil Procedure to determine whether there were implied terms as alleged? (British Columbia, Canada)
Does Rule 37B of the BC Civil Rules 37B allow a court to set aside a binding agreement regarding costs and/or an offer to settle? (British Columbia, Canada)
Is an offer to settle an action under Rule 9-1(5)(b) of the Rules of Civil Procedure available to a litigant? (British Columbia, Canada)
What factors will a court consider in determining costs under s. 3(1) of the BC Statutory Rules of Civil Procedure and Procedure? (British Columbia, Canada)
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action? (British Columbia, Canada)
Is a plaintiff entitled to double costs under Rule 37 of the Rules of Civil Procedure if it makes a single offer to settle two separate actions? (British Columbia, Canada)
