What is the legal test for an offer to be made against an order?
Ontario, Canada
The following excerpt is from Smith v. Reynolds, 2021 ONSC 947 (CanLII):
The court is not required to examine an offer and compare it to each term of the order and weigh with microscopic precision the equivalence of the terms. What is required is a general assessment of the compatibility of the offer as contrasted with the order. See: Wilson v. Kovale, 2016 ONSC 163.
"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Can a party who has rejected an offer or responded with a counter offer to accept the original offer unless it has been withdrawn? (Ontario, Canada)
What is the test for lifting a stay of execution on a motion to lift an order that would have lifted the stay of an order requiring the lifting of the order? (Ontario, Canada)
What is the legal test for determining the equivalence of terms between an offer and the terms of an order? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
When one parent is subject to a deportation order, can the court order a non-removal order? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Can a court order a no costs order after a resolution has been concluded? (Ontario, Canada)
