The Judge rejected this argument outright stating, ``... she achieved a substantial
award of damages in the proceeding in excess of that which she could have settled the claim for... I reject the defendant's [ICBC] alternative argument that I ought to consider the defendant's offer to settle for an
amount some $ 20,000 to $ 25,000 below that which was
ultimately awarded.»
The dismissed employee is placed in the unenviable position of having to decide whether to limit their claim to $ 25,000 or claim a higher
amount and risk the possibility that the judge will refuse to
award costs if the damage
award is
ultimately less than $ 25,000.