Can a court award double costs if a settlement offer does not contain the required wording?
British Columbia, Canada
The following excerpt is from Middleton v. Howard, 2012 BCSC 1431 (CanLII):
In Wormell v. Hagen, 2009 BCSC 1530, the court was similarly addressing a settlement offer which did not contain the required wording. At para. 8, Mr. Justice Goepel held that since the offer was not an “offer to settle” as that term is defined in the Rules, the cost options, including an award of double costs, were not triggered in accordance with the Rule.
The court in Bailey v. Jang, 2008 BCSC 1372, discussed the intended purposes of the cost provisions under the Rules. In particular, at paras. 15 to 17, Mr. Justice Hinkson (as he then was) observed that one of those purposes is to encourage settlement of matters and to penalize a party who unreasonably declines a settlement offer.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court have any authority or authority to award double costs for failure to accept an offer that ought to have been accepted? (British Columbia, Canada)
Can an offeror be awarded costs or double costs from the date of the offer? (British Columbia, Canada)
Can the court award double costs to a plaintiff who has made an offer to settle? (British Columbia, Canada)
Can a court award double costs of all or some steps taken in a proceeding after the date of delivery or service of a formal offer to settle? (British Columbia, Canada)
How is the court likely to award double costs when the terms of an offer for spousal support and division of property are compared discretely? (British Columbia, Canada)
How has the Court in England and Wales treated the Court of Appeal's decision to award the Commissioner's Award for Disgraceable Dismissal/Disparability? (British Columbia, Canada)
When an offer made by a defendant for pre-trial settlement is reasonably refused, is the fact that the action is ultimately dismissed in its entirety a factor in determining double costs? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
Is there any case law where a party has been awarded double costs for failing to accept an offer that should have been accepted? (British Columbia, Canada)
Does the Court have discretion to order double costs where an offer to settle has been made? (British Columbia, Canada)
