Can an offer that does not comply with Rule 37 B constitute an offer to settle?
British Columbia, Canada
The following excerpt is from Lau v. Rai, 2009 BCSC 696 (CanLII):
In Gosbjorn v. Hadley, 2008 BCSC 1614, 44 E.T.R. (3d) 105, the court specifically dealt with the issue of whether an offer that did not comply with Rule 37 could be considered an offer for the purposes of Rule 37B. The offer in that case, which was made in October 2007, included a requirement that each party bear its own costs. The court ultimately concluded that the non-compliant offer could not constitute an “offer to settle” as defined under Rule 37B.
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