The Federal Court of Appeal confirmed an offer to settle not in accordance with the formalities of Rule 420 of the Federal Courts Rules may be considered in assessing costs after trial under Rule 400. Although the discretion ultimately depends on the facts of each case, the Court views any settlement proposal serving the objectives of providing compensation, promoting settlement, and deterring abusive behavior as a relevant factor in assessing costs after trial.
Read the full decision on Canlii: Pharmascience Inc v Teva Canada Innovation, 2022 FCA 207.