When an offer made by a defendant for pre-trial settlement is reasonably refused, is the fact that the action is ultimately dismissed in its entirety a factor in determining double costs?
British Columbia, Canada
The following excerpt is from Gichuru v. York, 2012 BCSC 1385 (CanLII):
I am also of the view that when an offer made by a defendant for the purpose of achieving a pre-trial settlement is reasonably refused, the mere fact that the action is ultimately dismissed in its entirety is not a consideration with respect to double costs. To take the disposition of the action into account would result in the “hindsight analysis” that Mr. Justice Hinkson, as he then was, cautioned against in Bailey v. Jang, 2008 BCSC 1372, 90 B.C.L.R. (4th) 125 at para. 24. See also: Dodge v. Shaw Cablesystems Ltd., 2009 BCSC 1765 at para. 17. While I acknowledge that the relationship between the offer and the result at trial is specifically mentioned in subrule 37B(6)(b) [now Rule 9-1(6)(b)], I consider it to have no relevance in circumstances such as the present.
An award of double costs is “a punitive measure against a litigant for that party’s failure, in all of the circumstances, to have accepted an offer to settle that should have been accepted”: Hartshorne v. Hartshorne, 2011 BCCA 29, at para. 25 [Hartshorne].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When an offer is made by a defendant for a pre-trial settlement is reasonably refused, is the fact that the entire action is ultimately dismissed in its entirety a factor in determining double costs? (British Columbia, Canada)
When an offer made by a defendant for the purpose of achieving a pre-trial settlement is reasonably refused, is the fact that the action is ultimately dismissed in its entirety a consideration for double costs? (British Columbia, Canada)
Does the fact that an action is ultimately dismissed in its entirety have to be taken into account in the context of double cost calculations? (British Columbia, Canada)
What is the impact of reasonable settlement offers and the response of the litigants to settlement offers? (British Columbia, Canada)
What factors will the court consider when determining whether to award double costs in a personal injury action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What factors must be considered in determining a cost for costs in a personal injury action? (British Columbia, Canada)
What factors are considered in determining whether to dismiss an action for wrongful dismissal? (British Columbia, Canada)
Is a plaintiff entitled to double costs under Rule 37 of the Rules of Civil Procedure if it makes a single offer to settle two separate actions? (British Columbia, Canada)
Can a court award double costs if a settlement offer does not contain the required wording? (British Columbia, Canada)
