What is the effect of Rule 37 of the Rules of Appeal Rule 37 on a motion of appeal?
British Columbia, Canada
The following excerpt is from Vukelic v. Canada, 1997 CanLII 12547 (BC CA):
However, the purpose of Rule 37 applies equally to appeals as to trials. It is to discourage frivolous litigation and to encourage the parties to make reasonable offers to settle as early as possible; see Skidmore v. Blackmore (1995), 2 B.C.L.R. (3d) 201 at 211. One way to induce the parties to settle litigation, with the attendant judicial economy in cost and in time, is to augment the costs award of a party who proposes a settlement which ought to be accepted.
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