When an offer is made by a defendant for a pre-trial settlement is reasonably refused, is the fact that the entire action is ultimately dismissed in its entirety a factor in determining double costs?
British Columbia, Canada
The following excerpt is from K.A.M. v. T.S.C., 2015 BCSC 677 (CanLII):
I am also of the view that when an offer is made by a defendant for the purpose of achieving a pre-trial settlement is reasonably refused, the mere fact that the faction is ultimately dismissed in its entirety is not a consideration with respect to double costs. To take the disposition of the action into account would result in the “hindsight analysis” that Mr. Justice Hinkson, as he then was, cautioned against in Bailey v. Jang, 2008 BCSC 1372 …
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