What Is an Offer to Settle in Ontario Family Court and Why Make One?
An offer to settle is a written proposal to resolve issues in your case, and making a proper one can affect who pays costs if the case goes to trial. An offer must be signed personally by the party making it and by their licensed representative. The making, withdrawal, acceptance and rejection of offers carry the costs consequences set out in rule 24.
The party who made an offer may withdraw it by serving a notice of withdrawal at any time before it is accepted. The only valid way to accept an offer is to serve an acceptance on the party who made it. An offer may not be accepted after the court begins to give a decision.
To get the costs benefit, the offer must be made at least 1 day before the motion date, or at least 7 days before a trial or other hearing, and it must not have expired or been withdrawn before the hearing started. It must not have been accepted, and you must obtain an order as good as or better than the offer.
Key takeaways
- An offer must be signed personally by the party making it and by their licensed representative.
- You may withdraw an offer by serving a notice of withdrawal before it is accepted, and the only valid way to accept is to serve an acceptance on the party who made it.
- The party claiming the costs benefit of an offer has the burden of proving that the order is as good as or better than the offer.
- An offer may not be accepted after the court begins to give a decision.