What is the role of an offer to settle?

Ontario, Canada


The following excerpt is from McDermid v. McDermid, 2021 ONSC 8542 (CanLII):

Offers to settle play an integral role in saving time and expense by promoting settlements, focusing parties and often narrowing the issues in dispute. Severable offers to settle or separate offers to settle specific issues are particularly helpful in attempts to settle cases. See: Forlippa v. Khabemba, 2019 ONCJ 170, at para. 34.

Pazaratz J. in Chomos v. Hamilton, 2016 ONSC 6232, 82 R.F.L. (7th) 395, at para. 19, stated that the court is not required to examine each term of the offer, as compared to the terms of the order, and weigh, with microscopic precision, the equivalence of the terms. What is required is a general assessment of the overall comparability of the offer as contrasted with the order.

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