What are the factors used to assess a settlement offer under Rule 9-1(6)?
British Columbia, Canada
The following excerpt is from McVeigh v. Boeriu, 2011 BCSC 1512 (CanLII):
The second factor to assess under Rule 9-1(6) is the monetary aspect of the offer and its relationship to the court’s order. The relationship between the terms of the settlement offer and the final judgment of the court involves the global assessment of the financial position the offeree would have been in had the offer been accepted as compared to the final determination of the court after the trial. To put it another way, would the ‘declining’ party have been financially better off, on a global basis, if they had accepted the offer as compared to going to trial? (see Kopp v. Kopp, 2011 BCSC 889, at para. 7).
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