What are the consequences of an offer to settle?

Ontario, Canada


The following excerpt is from Fazuludeen v. Abdulrazack, 2020 ONSC 3394 (CanLII):

The Respondent’s offer to settle does not comply with Rule 18(14). It is not signed by the Respondent (understandable due to Covid-19). Moreover, it expired on April 1, 2020 at 5:00 p.m., prior to the motion being argued contrary to Rule 18(14)3. Finally, the offer contained costs consequences if not accepted prior to March 31, 2020 at 12:00 p.m. which begs the question of costs as they have not yet been determined. The offer was not severable and unless the result at the motion is more favourable to the offeror as to all of its terms (or those which are severable), it cannot attract the costs consequences of Rule 18(14): see Paranavitana v. Nanayakkara, supra, Rebiere v Rebiere , 2015 ONSC 2129 (S.C.J.) and Scipione v Scipione , 2015 ONSC 5982 (S.C.J.).

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