What is the test for an offer to settle?

Ontario, Canada


The following excerpt is from A.T. v. M.H., 2020 ONCJ 293 (CanLII):

[9] The technical requirements of subrule 18 (4) must be met to attract the costs consequences in subrule 18 (14). See: Ajiboye v. Ajiboye, 2019 ONCJ 894. In Clancy v. Hansman, 2013 ONCJ 702, this court found that an offer to settle did not meet the technical requirements of subrule 18 (14) writing at paragraph 12: A secondary deficiency in the offer to settle is that it was withdrawn 5 minutes before the commencement of the hearing. Paragraph 3 of subrule 18 (14) requires that the offer must not have expired or been withdrawn before the hearing starts. This offer had expired before the hearing started. If counsel wish to put expiry clauses in their offers that will comply with the condition in paragraph 3 of subrule 18 (14), the expiry date should be after the start of the hearing.

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