What is the test for making an offer to settle an action under Rule 37B?
British Columbia, Canada
The following excerpt is from Towson v. Bergman, 2009 BCSC 978 (CanLII):
Rule 37B, the rule presently in force, does not refer to offers being made seven days before trial. However, that period has been applied in the case law. In Bailey v. Jang, 2008 BCSC 1372, 90 B.C.L.R. (4th) 125, at para. 39, Hinkson J. awarded double costs beginning a reasonable time after the plaintiff could consider the offer to settle, which he found to have been seven days.
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