More Marine Ltd. v. The "Western King"

In Admiralty Practice, Costs and Security for Costs on (Updated )

In this matter the plaintiff made an offer to settle and the defendants subsequently made a number of counter-offers, none of which were accepted. The defendants then purported to accept the plaintiff’s first offer. The issue was whether the counter-offers extinguished the plaintiff’s initial offer. The Court held that Rule 37B of the British Columbia Supreme Court Rules (which merely gives the court discretion to consider offers of settlement when deciding costs) did not alter the common law rule that a counter-offer extinguishes an offer.