Can a formal offer to settle be sent to an email address rather than the formal address for delivery?
British Columbia, Canada
The following excerpt is from Hanson v Sharma, 2017 BCSC 2310 (CanLII):
It is not fatal to the communication of a formal offer if it is not made to the formal address for delivery of the receiving party. If the parties had implicitly agreed to email as an accepted form of written communication, then the communications regarding offers to settle can be made using that method: Great Wall at paras. 8-9. As long as the party has actual notice of the offer, the method of delivery is not restricted to the address for delivery: Gichuru v. Smith, 2013 BCSC 1818 at paras. 52-53.
A formal offer to settle is open for acceptance until judgment even if a counter-offer has been made: Janzen v. Janzen, 2011 BCSC 1146 at para. 31.
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