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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Annable v. Devencore Company Ltd.

Court

Supreme Court of British Columbia

Devencore was awarded costs and double costs after winning at trial; the court held an insurance policy should have been disclosed but no prejudice was shown.

• Wrongful dismissal
• Statutory trust
• Disclosure of insurance policy
• Offers to settle
• Double costs
• Rule 7-1(3)

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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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Lawetz v. Wigboldus

Court

Supreme Court of British Columbia

The court declined special and increased costs, but awarded double costs from June 14, 2024 after finding the defendant’s settlement offer should have been accepted.

• Qualified privilege
• Special costs
• Double costs
• Uplift/increased costs
• Summary dismissal
• Offers to settle

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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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672047 B.C. Ltd. v. Johal

Court

Supreme Court of British Columbia

On costs, the court held both defendants were successful parties entitled to Scale B costs. Ms. Little’s double-costs request and costs-shifting claims failed.

• Resulting trust
• Unjust enrichment
• Characterization of funds (loan vs gift)
• Offers to settle
• Costs awards
• Rule 14-1

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Takhar v. Insurance Corporation of British Columbia

Court

Supreme Court of British Columbia

The court granted ICBC double costs from June 28, 2021, finding its settlement offer ought reasonably to have been accepted after discovery showed the plaintiff’s claim was bound to fail.

• Offer to settle
• Double costs
• Rule 9-1
• Section 24(5) insurance (vehicle) act
• Nominal defendant
• Settlement offers

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Heffel v. Cole

Court

Supreme Court of British Columbia

The court found the fraud allegation unfounded, denied special costs and double costs, and ordered uplifted Scale B party-and-party costs at 1.5 times.

• Fraudulent misrepresentation
• Negligence
• Special costs
• Uplifted costs
• Offers to settle
• Rule 9-1

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Prasad v. Ross-Smith

Court

Supreme Court of British Columbia

Court dismissed the defendants’ Rule 9-1 costs application and awarded the plaintiff Scale B costs, disbursements, and costs of the application.

• Offers to settle
• Rule 9-1
• Costs awards
• Future loss of income-earning capacity
• Expert evidence
• Offers-to-settle

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Chernichen v. Mundy

Court

Supreme Court of British Columbia

On a post-trial costs application, the court held the plaintiff’s June 15, 2022 settlement offer ought reasonably to have been accepted and awarded double costs after that date.

• Offer to settle
• Double costs
• Rule 9-1
• Loss of earning capacity
• Settlement compliance
• Double-costs

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