Gill v. Gill, 2004 BCSC 1261
| Judge | Cole, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | September 09, 2004 |
| Jurisdiction | British Columbia |
| Citations | 2004 BCSC 1261;[2004] B.C.T.C. 1261 (SC) |
Gill v. Gill, [2004] B.C.T.C. 1261 (SC)
MLB headnote and full text
Temp. Cite: [2004] B.C.T.C. TBEd. OC.031
Harmeet Gill (plaintiff) v. Jatinder S. Gill (defendant)
(S069125; 2004 BCSC 1261)
Indexed As: Gill v. Gill
British Columbia Supreme Court
New Westminster
Cole, J.
September 28, 2004.
Summary:
This headnote contains no summary.
Practice - Topic 7241
Costs - Party and party costs - Offers to settle - General (incl. what constitutes and validity) - See paragraphs 1 to 15.
Cases Noticed:
Morck v. Soragnese (1994), 87 B.C.L.R.(2d) 263; 24 C.P.C.(3d) 38 (S.C.), refd to. [para. 3].
Gemmell v. Reddicorp, [2003] B.C.T.C. Uned. 54; 32 C.P.C.(5th) 99; 2003 BCSC 525, refd to. [para. 6].
Carlson v. Stewart et al. (1999), 19 B.C.T.C. 31 (S.C.), refd to. [para. 10].
Keller v. White (1996), 48 C.P.C.(3d) 246 (S.C.), refd to. [para. 11].
Ballen v. Ballen, [2000] B.C.T.C. 249; 2000 BCSC 261, refd to. [para. 11].
Brown v. Lowe et al. (2002), 162 B.C.A.C. 203; 264 W.A.C. 203; 97 B.C.L.R.(3d) 246; 2002 BCCA 7, refd to. [para. 13].
Counsel:
G.A. Smith, for the plaintiff;
J.L. Lindsay, for the defendant.
This case was heard on September 9, 2004, before Cole, J., of the British Columbia Supreme Court, who delivered the following decision on September 28, 2004.
Please note: The following judgment has not been edited.
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Bideci v. Neuhold et al., [2014] B.C.T.C. Uned. 1212
...was made at all. To that observation I add, "when the only response is a counter offer". [Emphasis added.] See also: Gill v. Gill , 2004 BCSC 1261; Anderson v. Routbard , 2007 BCCA 193 at para. 16, cited in Gichuru v. Pallai , 2012 BCSC 1316 at para. 18. 3. Conclusion on the Formal Offer [5......
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Saopaseuth v. Phavongkham, 2015 BCSC 45
...[23] I have concluded that there is no merit to the plaintiff's submissions. [57] A similar conclusion was reached in Gill v. Gill , 2004 BCSC 1261 [ Gill ] at para. 12, where Justice Cole held that a claim of ambiguity carries little weight when there was no request for clarification of th......
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Gill v. McChesney, 2018 BCSC 1378
...was made at all. To that observation I add, “when the only response is a counter offer”. [Emphasis added.] See also: Gill v. Gill, 2004 BCSC 1261; Anderson v. Routbard, 2007 BCCA 193 at para. 16, cited in Gichuru v. Pallai, 2012 BCSC 1316 at para. [29] Counsel for the plaintiff seeks to dis......
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Gosbjorn v. Krompocker Estate, [2008] B.C.T.C. Uned. E28
...in the October Offer regarding costs was not argued at the hearing. However, Ms. Hopman referred the court to Gill v. Gill (2004), 2004 BCSC 1261, 42 B.C.L.R. (4th) 85, at paras. 14 and 17, for the proposition that a part who has not asserted ambiguity when an offer to settle is delivered w......
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Bideci v. Neuhold et al., [2014] B.C.T.C. Uned. 1212
...was made at all. To that observation I add, "when the only response is a counter offer". [Emphasis added.] See also: Gill v. Gill , 2004 BCSC 1261; Anderson v. Routbard , 2007 BCCA 193 at para. 16, cited in Gichuru v. Pallai , 2012 BCSC 1316 at para. 18. 3. Conclusion on the Formal Offer [5......
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Saopaseuth v. Phavongkham, 2015 BCSC 45
...[23] I have concluded that there is no merit to the plaintiff's submissions. [57] A similar conclusion was reached in Gill v. Gill , 2004 BCSC 1261 [ Gill ] at para. 12, where Justice Cole held that a claim of ambiguity carries little weight when there was no request for clarification of th......
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Gill v. McChesney, 2018 BCSC 1378
...was made at all. To that observation I add, “when the only response is a counter offer”. [Emphasis added.] See also: Gill v. Gill, 2004 BCSC 1261; Anderson v. Routbard, 2007 BCCA 193 at para. 16, cited in Gichuru v. Pallai, 2012 BCSC 1316 at para. [29] Counsel for the plaintiff seeks to dis......
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Gosbjorn v. Krompocker Estate, [2008] B.C.T.C. Uned. E28
...in the October Offer regarding costs was not argued at the hearing. However, Ms. Hopman referred the court to Gill v. Gill (2004), 2004 BCSC 1261, 42 B.C.L.R. (4th) 85, at paras. 14 and 17, for the proposition that a part who has not asserted ambiguity when an offer to settle is delivered w......