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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