Cottrill v. Utopia Day Spas and Salons Ltd.

JurisdictionBritish Columbia
CourtCourt of Appeal (British Columbia)
JudgeGoepel,Savage,Fisher
Citation2019 BCCA 26
Docket NumberCA44471
Date24 January 2019

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43 practice notes
  • Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.
    • Canada
    • Court of Appeal (British Columbia)
    • March 29, 2021
    ...reason to deprive it of its costs: 3464920 Canada Inc. v. Strother, 2010 BCCA 328 at para. 43; Cotrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26 at para. 18. [162] Further, I am unconvinced that, looked at globally, Super-Save was the substantially successful party at trial. The tria......
  • Owen v. Folster
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 21, 2019
    ...[7] The principles guiding this factor were recently restated by the Court of Appeal in Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26 at paras. [29] Whether an offer to settle is one that ought reasonably to have been accepted is assessed not by reference to the award that was u......
  • Findlay v. George
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 25, 2019
    ...Rule, they are more likely to avoid the risk. [24] Those principles were recently restated in Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26, where beginning at para. 29 the Court stated as [29] Whether an offer to settle is one that ought reasonably to have been accepted is asse......
  • Nagy v. Csuka
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 8, 2022
    ...determine whether it was unreasonable to refuse it at the time the offer was open for acceptance: Cottrill v. Utopia Day Spas and Salons, 2019 BCCA 26 [Utopia Spas]. This factor is not determined by reference to the award ultimately made, but with reference to what was reasonable during the......
  • Get Started for Free
43 cases
  • Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd.
    • Canada
    • Court of Appeal (British Columbia)
    • March 29, 2021
    ...reason to deprive it of its costs: 3464920 Canada Inc. v. Strother, 2010 BCCA 328 at para. 43; Cotrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26 at para. 18. [162] Further, I am unconvinced that, looked at globally, Super-Save was the substantially successful party at trial. The tria......
  • Owen v. Folster
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 21, 2019
    ...[7] The principles guiding this factor were recently restated by the Court of Appeal in Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26 at paras. [29] Whether an offer to settle is one that ought reasonably to have been accepted is assessed not by reference to the award that was u......
  • Findlay v. George
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 25, 2019
    ...Rule, they are more likely to avoid the risk. [24] Those principles were recently restated in Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26, where beginning at para. 29 the Court stated as [29] Whether an offer to settle is one that ought reasonably to have been accepted is asse......
  • Nagy v. Csuka
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 8, 2022
    ...determine whether it was unreasonable to refuse it at the time the offer was open for acceptance: Cottrill v. Utopia Day Spas and Salons, 2019 BCCA 26 [Utopia Spas]. This factor is not determined by reference to the award ultimately made, but with reference to what was reasonable during the......
  • Get Started for Free