What are the costs of an offer to settle?

British Columbia, Canada


The following excerpt is from Dunn v. Vicars, 2008 BCSC 1750 (CanLII):

My decision is that the defendants should have their costs both before and after the date of delivery of the offer to settle, but not double costs. That decision reflects the fact that although the result was better than the offer to settle, that was largely due to subsequent and substantial increases in property values. I have considered the plaintiff’s argument that she enjoyed success on discrete issues, such as credibility and the contractual nature of the estimate. However, I do not consider these issues, in the context of this dispute, to be discrete issues. Nor is this one of those rare cases where costs should be apportioned: Sutherland v. Canada (Attorney General), 2008 BCCA 27, 77 B.C.L.R. (4th) 142.

Other Questions


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)
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)
Is an offer to settle providing that each party bears its own costs an offer under Rule 37A? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
Can Rule 37 apply to an offer to settle an issue concerning costs? (British Columbia, Canada)
What are the costs of accepting an offer to settle? (British Columbia, Canada)
What is the effect of R. 57 of the double costs rule on an offer to settle? (British Columbia, Canada)
What is the difference between an initial and comprehensive settlement offer made by the respondent and a revised offer to settle? (British Columbia, Canada)
What is the test for an award of double costs for failing to accept an offer to settle that should have been accepted? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.