Can a plaintiff argue that a Defendant's offer of no-fault benefits is invalid?

British Columbia, Canada

The following excerpt is from Roberts v. Earthy, 1995 CanLII 1093 (BC SC):

11 Similarly, in Spencer v. Soanes (1994) 98 B.C.L.R. (2d) 368 (S.C.), Lowry J. dealt with an offer by a defendant to settle five actions. Three of the actions were in tort and two under Part 7. Lowry J. rejected a submission of the defendant in those circumstances, that the plaintiff could not contend that the offer was invalid because judgment in the tort actions effectively put an end to the Part 7 actions. In rejecting that submission he said that he doubted that the plaintiff's prospect of succeeding against the insurer could be a relevant consideration in awarding costs in the actions tried. He went on to say: In any event, it cannot be said that no claims under Pt. VII for no-fault benefits can ever be made once a plaintiff has been awarded judgment in a tort action ... (pp. 370-371)

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