What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation?
British Columbia, Canada
The following excerpt is from Payne v. Lore, 2010 BCSC 1313 (CanLII):
The underlying purpose of Rule 37B as noted in Bailey v. Jang, 2008 BCSC 1372 is to encourage conduct of litigation which reduces its duration and expense and to discourage conduct that has the opposite effect.
In Bailey v. Jones, Hinkson J. (as he then was) noted that Rule 37B "...brought about the reversion from a strict code to a reliance on judicial discretion..." with respect to costs and offers to settle. Further, it was noted that the discretion is unfettered. Of course, that discretion must be exercised judicially.
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