What is the test for making a nominal offer in a personal injury action?
British Columbia, Canada
The following excerpt is from Bay v. Pasieka, 2014 BCSC 809 (CanLII):
The offer was a nominal offer and was clearly made by the defendant as a strategic move to attempt to have the plaintiff settle the claim. Although a nominal offer will not always entitle a successful defendant to double costs if successful at trial, it may be considered in the case of an unmeritorious claim. As Savage J. stated in MacKinlay v. MacKinlay Estate, 2008 BCSC 1570 at para. 34, it is one of the few tools available to a defendant:
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