Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26

JurisdictionBritish Columbia
JudgeGoepel,Savage,Fisher
Citation2019 BCCA 26
Date24 January 2019
CourtCourt of Appeal (British Columbia)
Docket NumberCA44471
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64 practice notes
  • 2023 BCSC 140,
    • Canada
    • January 1, 2023
    ...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 at para. 30 [ Utopia Spas]. This factor is not determined by reference to the award ultimately made, but with reference to what was reasonab......
  • 2023 BCSC 32,
    • Canada
    • January 1, 2023
    ...her claims for $100,000, plus taxable costs and disbursements. III. LEGAL PRINCIPLES 23 In Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26, leave to appeal to SCC ref'd, 38488 (11 April 2019) [ Cottrill], the court discussed costs, including the effects of Rule 9-1 offers to ......
  • Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129
    • 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......
  • C.Y.J. v R.J.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 31, 2023
    ...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 at para. 30 [ Utopia Spas]. This factor is not determined by reference to the award ultimately made, but with reference to what was reasonab......
  • Request a trial to view additional results
64 cases
  • 2023 BCSC 140,
    • Canada
    • January 1, 2023
    ...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 at para. 30 [ Utopia Spas]. This factor is not determined by reference to the award ultimately made, but with reference to what was reasonab......
  • 2023 BCSC 32,
    • Canada
    • January 1, 2023
    ...her claims for $100,000, plus taxable costs and disbursements. III. LEGAL PRINCIPLES 23 In Cottrill v. Utopia Day Spas and Salons Ltd., 2019 BCCA 26, leave to appeal to SCC ref'd, 38488 (11 April 2019) [ Cottrill], the court discussed costs, including the effects of Rule 9-1 offers to ......
  • Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129
    • 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, 2019 BCSC 407
    • 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......
  • Request a trial to view additional results

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