A Calderbank offer that includes a release clause going beyond the scope of the litigation — such as one that arguably precludes the offeree from pursuing rights not in controversy — may not render the offeree's refusal unreasonable, even where the offer's terms are more favourable than the ultimate litigation outcome. A party who raises a cross-appeal that is dependent on the outcome of the appeal will be liable for the other party's costs of the cross-appeal if the appeal succeeds.
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