Canada Case Law

Holman v. Holman

Court

Supreme Court of British Columbia

The October 17, 2024 settlement offer for $500,000, which expressly articulated the successful theory that certain trust distributions were unpaid, was a reasonable offer that should have been accepted; accordingly the defendant Lyle must pay the plaintiff's costs from October 17, 2024, assessed as party-and-party costs at Scale B. The earlier February 2, 2024 offer was not sanctionable because it lacked substantive rationale and was not unreasonably rejected.

Source excerpt

• Offer to settle
• Rule 9-1(5) costs sanctions
• Allocation of trust distributions
• Settlement negotiations
• Party-and-party costs

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Begg v. Provincial Rental Housing Corporation

Court

Supreme Court of British Columbia

By the end of October 2025 the aggregate of discovery and expert evidence exposed fundamental gaps in the plaintiff's case (notably absence of evidence to establish the applicable standard of care and causation) such that the March 6, 2023 walk-away offer ought reasonably to have been accepted by that time; therefore defendants are entitled to Scale B costs to October 31, 2025 and double costs thereafter, plus costs of the application.

Source excerpt

• Negligence
• No-evidence motion
• Offer to settle
• Double costs
• Standard of care
• Causation

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C.G. v. D.M.G.

Court

Supreme Court of British Columbia

Because the claimant was the successful party and had made an offer to settle that the respondent rejected yet the final judgment was more favourable to the claimant than the offer, double costs for steps after February 21, 2025 were warranted; given the respondent did not oppose the draft bill and an assessment would impose further unnecessary expense, the court exercised its discretion to award lump sum costs and fixed a global award of $70,000 covering tariff costs, disbursements and double costs.

Source excerpt

• Parenting time
• Offer to settle
• Double costs
• Lump sum costs
• Costs assessment
• Parenting coordinator

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Lalli v. Lalli

Court

Court of Appeal for Ontario

The Court of Appeal partly allowed the appeal, declared the appellants held a 50% ownership interest in the residential property, remitted accounting, and awarded costs.

• Equitable interest
• Constructive trust
• Accounting
• Costs awards
• Offer to settle
• Costs

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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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Proudfoot v. Bryant

Court

British Columbia Court of Appeal

Leave to appeal was dismissed because the proposed appeal raised no question of principle extending beyond the case, the trial judge correctly applied the Rule 9-1(5)(a)/(6) holistic discretionary analysis including consideration of the appellant's credibility and motivations based on trial findings, and there was no reasonable prospect of success given the high degree of appellate deference to costs decisions.

Source excerpt

• Offer to settle
• Rule 9-1(5)(a) and 9-1(6)
• Leave to appeal
• Judicial discretion
• Burden of proof
• Assessment of credibility

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Brodie v. Getson

Court

Supreme Court of Nova Scotia

Settlement conference communications are privileged and were not considered; respondent's fees to the end of the two-day trial were reasonable; because respondent's November 29, 2023 offer would have given the applicant the substantive relief sought the court awarded 66% of fees up to that offer and 80% of fees between that offer and end of trial, awarded nothing for post-trial fees for parenting and child support given no clear successful party, and ordered the total costs of $39,250 payable forthwith due to insufficient information to justify installment payments.

Source excerpt

• Relocation
• Offer to settle
• Settlement conference privilege
• Parenting and child support
• Costs payable forthwith

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Nova-BioRubber Green Technologies Inc. v. Investment Agriculture Foundation British Columbia

Court

Supreme Court of British Columbia

On a costs application, the court held the defendant’s $25,000 settlement offer was reasonable and awarded double costs after the offer date.

• Offer to settle
• Double costs
• Rule 9-1(5)(b)
• Reasonableness of settlement offers
• No evidence motion (r. 12-1)
• Double-costs

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Proudfoot v. Bryant

Court

Supreme Court of British Columbia

Costs ruling on a settlement offer: the plaintiff kept pre-offer costs, lost post-offer costs, recovered pre-offer appraisal expenses, and received a $1,500 uplift.

• Offer to settle
• Costs awards
• Rule 9-1(5)(d)
• Experts' fees
• Uplift costs
• Settlement incentives

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Bajwa v. Bajwa

Court

Supreme Court of British Columbia

The court awarded costs to the claimant and the parents, but denied special costs, double costs, increased costs, and a judge-led costs assessment.

• Costs
• Special costs
• Double costs
• Offer to settle
• Fraudulent conveyance
• Division of family property

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