Is a formal offer made by a plaintiff in a family law case not in compliance with r. 18 of the Family Law Rules?
Ontario, Canada
The following excerpt is from Hoadley v Hoadley, 2016 ONSC 3083 (CanLII):
In Smith v. Smith, [2007] O.J. No. 1947, Wildman J. dealt with litigation between two spouses where offers were not in compliance with r. 18. At para. 23, she provided the following guidance: Rule 18 of the Family Law Rules creates a way for litigants to make formal offers to settle their cases and, possibly, to attract some cost benefit by doing so. Offers that do not meet the technical requirements of rule 18 are still valid offers. They may be taken into account in considering costs and they can still, of course, form the basis of a valid contract if accepted by the other side. However, offers that do not comply with rule 18 are governed by the principles of general contract law rather that the special provisions of the Family Law Rules.
"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
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
Is a party who makes an offer under Rule 18 of the Rules entitled to costs from the date of the offer? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
What is the case law on interim disbursements as well as rule 24(12) of the Family Law Rules? (Ontario, Canada)
What is the test for making a formal request for documents under Family Law Rule 19? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs for its counterclaim as a result of its rule 49.10 offer? (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)
What is the impact of non-compliance of disclosure rules in the context of family law? (Ontario, Canada)
What are the cost consequences of rule 49.10(2) of the Rules of Civil Procedure when a plaintiff is awarded damages in a motor vehicle accident? (Ontario, Canada)
Does Rule 18(14) relating to formal Offers to Settle apply to quantum of costs in a personal injury action? (Ontario, Canada)
