Canada Case Law

Linders v. Ordinelli

Court

Supreme Court of Nova Scotia

Because the parties had agreed the quantum of damages was $125,000, the court treated that as the 'amount involved' under Tariff A, applied Scale 2 ($12,250) plus $2,000 per trial day ($4,000) for a pre-multiplier total of $16,250, and increased the tariff by 50% under Rule 10.09 because the defendants' formal offer dated July 15, 2024 was made after setting down but before the Finish Date, yielding an award of $23,125; $750 in reasonable disbursements were also awarded; the plaintiff's hardship claim was rejected for lack of evidence and the defendants' formal offers qualified under Rule 10.…

Source excerpt

• Party and party costs
• Formal offer to settle (rule 10)
• Tariff of costs (tariff a)
• Severance of liability and damages
• Impecuniosity and relief from costs

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Stoeff v. Stephenson

Court

Supreme Court of British Columbia

Costs decision after summary trial: the defendants obtained regular and double costs for specified periods, but the court refused special costs against the plaintiff.

• Rule 9-1 offers to settle
• Double costs
• Special costs
• Walk‑away/waiver offers
• Summary trial
• Costs

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423408 Alberta Ltd. v. Cooney Mansions Limited Partnership

Court

Supreme Court of British Columbia

La Cour rejette la prétention de M. Yue à une entente de règlement exécutoire de décembre 2024, jugeant que le libellé d’une clause de type « BC Ferries » n’était pas assez certain.

• Guaranty
• Covenant not to sue
• Bc ferries-style settlement
• Condition precedent to settlement
• Interpretation of agreements
• Summary trial

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Ibrahim v. Allibhai

Court

Supreme Court of British Columbia

The court held that a July 7, 2021 settlement offer should reasonably have been accepted and ordered double costs from that date onward.

• Offer to settle
• Double costs
• Rule 9-1
• Abuse of process
• Certificate of pending litigation
• Misappropriation of rent

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Pan v. Dong

Court

Supreme Court of British Columbia

Post-trial costs decision awarding Jing Cai costs and double costs under Rule 9-1 from January 8, 2024, after a $50,000 formal offer was rejected.

• Formal offer to settle
• Double costs
• Rule 9-1
• Eve-of-trial offers
• All-or-nothing claims
• Formal-offer-to-settle

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Reaume v. Rossetto

Court

Supreme Court of British Columbia

On a costs application, the court awarded the plaintiff double costs from the date of her formal settlement offer, finding the defendants unreasonably rejected it.

• Offer to settle
• Double costs
• Rule 9‑1(4)‑(6)
• Future loss of earning capacity
• Double-costs
• Offer-to-settle

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Schilperoort v. Huang

Court

Supreme Court of British Columbia

The court dismissed a summary trial application to enforce an alleged settlement in a defamation case, finding no binding agreement on essential terms.

• Settlement agreement
• Authority of counsel
• Acceptance and counter-offer
• Undertakings
• Striking pleadings
• Summary trial procedure

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Miller v. Cox

Court

Supreme Court of British Columbia

Costs decision in a personal injury action: the court applied fast-track costs rules, denied double costs on a settlement offer, and reserved costs for discontinued parties.

• Offer to settle
• Double costs
• Rule 15-1
• Rule 14-1(1)(f)
• Liability for costs of discontinued parties
• Double-costs

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Funk v. McLurg

Court

Supreme Court of British Columbia

The court refused double costs under Rule 9-1 and awarded the plaintiff costs at Scale B, finding later settlement offers revoked earlier ones.

• Offer to settle
• Double costs
• Cost awards
• Rule 9-1(6)
• Settlement strategy
• Costs

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Ridley Terminals Inc. v. Sandvik Canada Inc.

Court

Supreme Court of British Columbia

The court dismissed leave to add a settling defendant as a third party for declaratory relief, finding the balance of prejudice favored respecting the settlement.

• Third party proceedings
• Bc ferry / pierringer style settlement
• Declaratory relief
• Disclosure and production
• Leave to file
• Apportionment of liability

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