What is the test for meeting the technical requirements of sub rule 18(14) of the Rules of Civil Procedure?

Ontario, Canada


The following excerpt is from Lindo v. Abdelhameid, 2020 ONCJ 421 (CanLII):

The technical requirements of subrule 18(14) must be met to attract the costs consequences that subrule. See: Ajiboye v. Ajiboye, 2019 ONCJ 894. In Clancy v. Hansman, 2013 ONCJ 702 this court found that an offer to settle did not meet the technical requirements of subrule 18 (14) writing at paragraph 12: A secondary deficiency in the offer to settle is that it was withdrawn 5 minutes before the commencement of the hearing. Paragraph 3 of subrule 18(14) requires that the offer must not have expired or been withdrawn before the hearing starts. This offer had expired before the hearing started. If counsel wish to put expiry clauses in their offers that will comply with the condition in paragraph 3 of subrule 18 (14), the expiry date should be after the start of the hearing. 2.3 Other factors affecting costs orders

Other Questions


What is the test for meeting the technical requirements of subrule 18(14) of the Rules of Civil Procedure? (Ontario, Canada)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
Is Rule 14(23) of the Rules of Civil Procedure requiring a party to comply with costs orders? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
What is the test for pleading under Rule 21.01, 25.11 and 25.06 of the Rules of Civil Procedure? (Ontario, Canada)
How has Rule 6 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
How has Rule 25.11 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
How does rule 16 of the Rules of Civil Procedure apply to summary judgment? (Ontario, Canada)
In what circumstances will the court award costs under Rule 24(1) of the Rules of Civil Procedure in a family law case? (Ontario, Canada)
Is Rule 2 (2) of the Rules of Civil Procedure sufficient to add a fourth fundamental purpose for costs? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.