Case Summary by John W. Bilawich
Re: Rule 9-1 – Offer to Settle – Double Costs – Reasonable Time
Case: Columere Park Developments Ltd. v. Enviro Custom Homes Inc.,
2010 BCSC 1417 (per Mr. Justice Melnick)
Plaintiff delivered an offer to settle for $1.6M one month prior to trial.  The offer substantially complied with old Rule 37B.  Judge found offer was reasonable when it was made and ought to have been accepted within a reasonable time, which in the circumstances was 10 working days.  The offer was withdrawn after completion of the three week trial.  The Plaintiff was awarded $2.8+M.  The Plaintiff was awarded double costs from ten business days after delivery of the offer.  In calculating costs, given the complexity of the case and extent of documentary and other evidence, it was not unreasonable for Plaintiff to have been represented by two counsel