What is the test for awarding double costs in a personal injury case when an offer to settle expired?

British Columbia, Canada


The following excerpt is from D.P.S. v. B.H.L., 2011 BCSC 1617 (CanLII):

In Elsen v. Elsen, 2011 BCSC 1011, Morrison J. noted that the Rules provide a non-exhaustive list of factors that may be considered in deciding whether to make an award of double costs, none of which are determinative. Having reviewed all of the relevant factors and concluded that the settlement offer in that case ought to have been accepted, the trial judge held it was reasonable for the defendants to have taken some time to consider their position before accepting the offer. She awarded double costs commencing on the date on which the offer to settle expired, one month after its delivery.

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