Canada Case Law

Olson v. Cranbrook (City)

Court

Supreme Court of British Columbia

The plaintiffs unreasonably declined the defendant's March 25, 2025 $80,000 settlement offer; given the disparity between the offer and the eventual dismissal of the plaintiffs' claim, absence of evidence of unfair conduct by the defendant, and the applicable Rule 9-1 factors, the defendant is entitled to party-and-party costs at Scale B before March 25, 2025 and double costs from March 25, 2025 to the date of these reasons (February 20, 2026).

Source excerpt

• Offer to settle
• Double costs
• Rule 9-1
• Costs assessment

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Tafti v. Davis

Court

Supreme Court of British Columbia

The court granted the defendants double costs from March 12, 2020 under Rule 9-1(5)(b), finding the settlement offers ought reasonably to have been accepted.

• Double costs
• Offer to settle
• Rule 9-1(5)(b)
• Fresh evidence/reopening trial
• Self-represented litigant obligations
• Double-costs

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Sloan v. Davis

Court

Supreme Court of British Columbia

The court awarded the claimant ordinary costs and double costs after June 25, 2024, but excluded the examination for discovery from double-cost consequences.

• Summary trial
• Offers to settle (rule 11-1)
• Double costs
• Examination for discovery
• Judicial discretion on costs
• Family-law

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Kulla v. Chiu

Court

Supreme Court of British Columbia

On a post-trial costs application, the court held the plaintiff should have accepted the defendants’ settlement offer by August 31, 2023 and awarded costs accordingly.

• Offer to settle (rule 9-1)
• Costs assessment
• Double costs prohibition
• Timing of acceptance
• Costs
• Offer-to-settle

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Emond v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court held the defendants’ $48,000 costs offer ought to have been accepted and reduced the plaintiff’s recoverable costs to $45,649.39.

• Offer to settle
• Assessment of costs
• Tariff items
• Contributory negligence
• Appendix b s.8 sccr
• Costs-assessment

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Xiang v. Wong

Court

Supreme Court of British Columbia

The court partially granted the defendant’s post-trial costs application in two consolidated personal injury actions, awarding post-offer Scale B costs against the daughter and ordinary costs against the father.

• Negligence
• Contributory negligence
• Offers to settle
• Scale b costs
• Double costs
• Foreseeability of psychiatric injury

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Noel v. Tatarov

Court

Supreme Court of British Columbia

The court refused to exceed the fast-track costs cap or award double costs, awarding the plaintiff $11,000 in costs plus tax and assessed disbursements.

• Fast track litigation
• Offers to settle
• Double costs
• Equitable fraud
• Trial duration
• Fast-track-litigation

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Brophy v. Ploskon-Ciesla

Court

British Columbia Court of Appeal

Supplementary reasons on costs: each party bears its own appeal costs, and the issue of trial costs is referred to the trial court.

• Loss of future earning capacity
• Future care costs
• Housekeeping capacity
• Offer to settle
• Double costs
• Appeal-costs

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Han-Earl Consulting Ltd. v. 1048661 BC Ltd.

Court

Supreme Court of British Columbia

The court awarded Han-Earl costs at Scale B, denied double costs, and rejected the defendants’ request to deprive the plaintiff of costs.

• Costs awards
• Offer to settle
• Double costs
• Misconduct and costs
• Summary trial
• Discovery obligations

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Waters v. Michie

Court

Supreme Court of British Columbia

The court held a March 7 settlement letter was not a valid costs offer because it was not properly served under Rule 11-1, and awarded the respondent $2,000 in costs.

• Calderbank offer
• Rule 11-1
• Service of offer
• Costs indemnity
• Stare decisis
• Costs

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