Can a defendant make a single post-offer damages offer under Rule 37B of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Tisalona v. Easton, 2017 BCCA 272 (CanLII):
This debate was resolved in A.E. v. D.W.J., 2009 BCSC 505, released on April 15, 2009 and subsequently affirmed in sub. nom. Evans v. Jensen, 2011 BCCA 279. The two options included in Rule 37B were held to be exhaustive. No order for single post-offer damages for a defendant could be made, because such an offer was not specified in Rule 37B(a) or (b).
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