Is an offer to settle providing that each party bears its own costs an offer under Rule 37A?

British Columbia, Canada


The following excerpt is from Gosbjorn v. Hadley, 2008 BCSC 1614 (CanLII):

The court has also rejected the argument that an offer to settle providing that each party bears its own costs is an offer to settle under Rule 37A. This was discussed in Lewis v. Abel, 2008 BCSC 140, at para. 26-29, as follows:

Other Questions


Is an offer to settle providing that each party bears its own costs under Rule 37A? (British Columbia, Canada)
Can a party who is not otherwise entitled to costs still recover costs if their offer to settle is better than the result of the trial? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What are the double costs awarded against a party for failing to accept an offer to settle? (British Columbia, Canada)
What is the test for a defendant to seek costs for an application for costs after an offer to settle was made? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
What are the leading authorities on double costs due to a party's rejection of an offer to settle? (British Columbia, Canada)
Is a party entitled to double costs for refusing to accept an offer to settle that should have been accepted? (British Columbia, Canada)
How have the courts in BC dealt with the cost of an offer to settle a claim for damages pursuant to Rule 9-1? (British Columbia, Canada)
Is there any case law where each party has to bear their own costs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.