What is the test for using the word "entitled" in sub-rule (24) and (26) of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from K.L.H. v. T.W.H., 2004 BCSC 450 (CanLII):
He then referred to the decision of Hood J. in Fulton v. Fulton, (2002) 6 B.C.L.R. (4th) 152, 2002 BCSC 1194 at ¶21 wherein Hood J. stated: The use of the word “entitled” in sub-rules (24) and (26), which deal with the situation where an offer to settle is made by a defendant, is in my view of some import. Sub-rule (23) and (f25), which deal with the situation where the offer to settle was made by the plaintiff, also use the word “entitled”. Without more it seems to me that the word imports or bestows an absolute right to the costs in the successful offeror.
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