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.
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