What is the test for assessing an offer to settle?
Ontario, Canada
The following excerpt is from Hawas v. Ibrahim, 2021 ONSC 5364 (CanLII):
In conducting the required comparison between an offer to settle and the outcome at trial, 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:” Chomos v. Hamilton, 2016 ONSC 6232, 82 R.F.L. (7th) 395, at para. 19. Instead, what “is required is a general assessment of the overall comparability of the offer as contrasted with the order:” Chomos v. Hamilton, at para. 19.
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