What is the test for Rule 37 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Dragan v. Kim, 2002 BCSC 228 (CanLII):
The magic of Rule 37, as I see it, is that it is not just a code, but it gives precision to what one side has to do and the other has to consider, and what the reactions can be. It brings order to an area which can be the subject of much subsequent submissions and controversy as to what was an offer, what was meant by an offer, how was it responded to, and all the rest of it. To do as is urged upon me is, in my respectful view, to ignore the fact that the result of Brown v. Lowe is simply that if an offer of settlement is to have meaning in the litigation, it must fall within Rule 37.
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