What is the test for an offer to settle procedure under Rule 37?
British Columbia, Canada
The following excerpt is from Martel v. Peetoom, 1996 CanLII 8527 (BC SC):
18 In a case like this, where there are two separate actions, there are practical reasons why the operation of the offer to settle procedure under Rule 37 must be confined to the proceeding in which it is used. These reasons are canvassed in Morrison v. Pankratz. These realities, however, should not cloud the recognition that the plaintiff's offer should have been accepted by the defendant.
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