What is the effect of a lawyer improperly drafting a settlement offer?

Alberta, Canada


The following excerpt is from Graves v. Stonepine Inc., 2007 ABQB 422 (CanLII):

This development in judicial reasoning was explained in Bedrock Exploration Ltd v. Allen [2003] A.J. No. 733, where Justice MacCallum also had an opportunity to review the case law in this area. In Bedrock, a lawyer improperly drafted a settlement offer and filed it under the rules of court. The offer did not accurately set out the client’s instructions. Bedrock accepted the offer within the allotted 45 days and sought payment. The defendant’s lawyer tried to withdraw the offer. Bedrock sought judgment on the offer and the court granted judgement.

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