Is there any case law supporting a plaintiff's argument that a fixed, certain and understandable offer must be outstanding down to the trial?
Ontario, Canada
The following excerpt is from Anand v. Belanger, 2012 ONSC 1166 (CanLII):
I do, however, find merit with the plaintiff's alternative argument. A fixed, certain and understandable offer must be outstanding down to the trial in order for there to be cost consequences under rule 49.10: Cass v. Muir, 1996 CanLII 11791 (ON SC), [1996] O.J. No. 5389 (Div. Ct.). This requirement is essential to promote certainty in the resolution of disputes. Parties must be able to evaluate offers reliably and decide with confidence whether to accept them, without doubt or ambiguity as to the result. Confusion as to the consequences of accepting or rejecting an offer serves neither side.
"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
Is there any case law that supports a motion judge finding that a plaintiff has a genuine issue for trial over an unpaid bonus? (Ontario, Canada)
What are the arguments in support of Counsel's second argument in the context of a right of way? (Ontario, Canada)
In what circumstances will the court award retroactive child support to a plaintiff who was not paying child support at the time of separation? (Ontario, Canada)
What is the scope of the court's authority to change a child support order or adjust outstanding child support under subsection 37(2.1)? (Ontario, Canada)
Is there any case law that supports the argument that a trial is dictated by viva voce evidence? (Ontario, Canada)
Can a party who has rejected an offer or responded with a counter offer to accept the original offer unless it has been withdrawn?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)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Is there any case law or case law that supports the argument that a judge should consider some of the issues before the trial of the others? (Ontario, Canada)
Is there any case law that supports the argument that the applicant’s motives are purely selfish? (Ontario, Canada)
