Does an offer to settle in a family law proceeding need to refer to Rule 37.1?
British Columbia, Canada
The following excerpt is from Routley v. Paget (costs), 2006 BCSC 960 (CanLII):
In Richter v. Richter, [2004] BCSC 214, Melnick J. considered an offer to settle in a family law proceeding which made reference to Rule 37(22) but not to Rule (37)22.1. After reviewing the applicable law, Melnick J. concluded that it should be the practice in offers to settle family law proceedings to refer to Rule 37(22.1) rather than Rule 37(22) but he concluded that a failure to do so was an “irregularity” that did not make void the offer to settle.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the offeror have to match the terms of an offer to settle with the orders made in a family proceeding? (British Columbia, Canada)
In what circumstances will the court refuse to accept an offer to settle with the orders made in a family proceeding? (British Columbia, Canada)
Is an offer to settle providing that each party bears its own costs an offer under Rule 37A? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
Is there any evidence that an offer to settle was wholly achieved prior to the delivery of the offer? (British Columbia, Canada)
What is the test for an offer to settle in exchange for being given sole custody in a divorce proceeding? (British Columbia, Canada)
What is the difference between an initial and comprehensive settlement offer made by the respondent and a revised offer to settle? (British Columbia, Canada)
Does the service of a formal offer to settle and the failure of the defence to consent to having the matter proceed by way of Rule 66 constitute "special circumstances" sufficient to require special costs? (British Columbia, Canada)
Can an offer that does not comply with Rule 37 B constitute an offer to settle? (British Columbia, Canada)
Can an offer to settle a claim be delivered without an offer of settlement? (British Columbia, Canada)
