In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an offer does not weigh against the awarding of double costs.
In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not accepted and the case went to trial for three days. Five weeks after the offer was made and before the Judge rendered her decision, the claimant withdrew her offer. The Judge subsequently awarded the claimant more than the offer she made. In awarding the injury claimant double costs, the judge was quick to point out, “In my view, the fact that Ms. Bartel withdrew her offer to settle between the time the trial ended and judgment was rendered is not a factor that weighs against an award of double costs.”(para 16).
The injury claimant was awarded $15,500.00 toward her legal fees. The claimant suffered a moderate soft tissue injury to her neck, back and sacroiliac joint in the accident and received the following award:
| Pain and Suffering: | $35,000 |
| Cost of Future Care: | $2,500 |
| Out of pocket Expenses: | $1,033 |
| Total: | $38,533 |
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B