What is the current state of the law on an offer to settle?
British Columbia, Canada
The following excerpt is from Icecorp International v. Nicolaus et al., 2006 BCSC 25 (CanLII):
Not without reservation, I am compelled to conclude that the form of the Rule that existed at the time of acceptance must prevail. Rule 37 is a complete code in respect of offers to settle, and the actual consequences associated with the offer are defined by acceptance: see Brown v. Lowe (2002), 97 B.C.L.R. (3d) 246, 2002 BCCA 7. I am of the opinion that it is not possible for an offeror to require an offeree to be bound by a Rule that ceased to have force and effect before acceptance. The parties are bound by Rules 37(22) and (37) in force at the date of acceptance.
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