Does a defendant's formal offer to settle on a without costs basis constitute a "playing hardball" approach?
Ontario, Canada
The following excerpt is from R.C. and J.M. v. Western Assurance Company, 2022 ONSC 899 (CanLII):
In Mundinger v. Ashton, 2020 ONSC 2024, after dismissing the plaintiff’s claim following a trial, R.E. Charney J. addressed the cost consequences of a defendant’s formal offer to settle on a without costs basis. At paragraph 20, R.E. Charney J. writes: The defendant’s offer accurately predicted the result of the litigation. The defendant’s offer to settle on a without costs basis contained a true element of compromise, and this cannot, in any sense, be described as ‘playing hardball’.
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