Does a common law settlement offer contained in the form of a letter that complies with rule 49.02?
Ontario, Canada
The following excerpt is from Crawford v Mori, 2017 ONSC 1630 (CanLII):
The same conclusion was reached in Barry v. Barry, [1997] O.J. No. 2894. In that case the court held that in the absence of evidence supporting an inference to the contrary, a settlement offer contained in the form of a letter which complies with the essential requirements of rule 49.02 should be treated as an offer to settle under the rules, not as a common law offer.
"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
What is the effect of minutes of settlement or a settlement agreement containing an express prohibition against a child changing their name? (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Can a party who has rejected an offer or responded with a counter offer to accept the original offer unless it has been withdrawn?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)
What is the test for the interpretation of a contract where a letter of November 26, 2015 contains paragraphs 3 and 6 of the Statement of Claimant's intention to avoid communications such as that of the letter of the same date? (Ontario, Canada)
Does a condominium corporation have an interest in common common interest with other condominium residents? (Ontario, Canada)
Can a subsequent offer be taken as a withdrawal of a prior offer by implication? (Ontario, Canada)
Is there a limitation period respecting an insured person's right to rescind a settlement that does not comply with section 9.1(2)? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
What is the test for the use of a motion of common law common law for unjust enrichment? (Ontario, Canada)
What constitutes constructive dismissal in common law Canadian common law? (Ontario, Canada)
What is the common law common law authorizes a search incident to a lawful arrest? (Ontario, Canada)
