COSTS — offer of compromise — whether Court should “otherwise order” in accordance with UCPR r 42.14
Quick Take
1An offer of compromise that forgoes approximately 10% of the claimed amount (including waiver of contractual pre-judgment interest) constitutes a genuine and real element of compromise sufficient to engage UCPR r 42.14, even where the offeree contends the compromise is slight when costs already incurred are factored in.
2A late amendment to a statement of claim during trial (here, adding an alternative debt claim) does not without more provide a proper reason to 'otherwise order' under UCPR r 42.14(2), particularly where the amendment was not opposed, was not decisive to the result, and the factual issues substantially overlapped with defences that would have been litigated regardless.
