What are the factors that determine whether an offer to settle was open for acceptance?

British Columbia, Canada


The following excerpt is from Senger v Graham, 2018 BCSC 1446 (CanLII):

The first factor – whether the offer to settle was one that ought reasonably to have been accepted – is not determined by reference to the award that was ultimately made. Rather, in considering that factor, the court must determine whether, at the time that the offer was open for acceptance, it would have been reasonable for it to have been accepted: Bailey v. Jang, 2008 BCSC 1372, 90 B.C.L.R. (4th) 125 at para. 24; A.E. v. D.W.J. at para. 55.

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