What are the terms of an offer to settle?
British Columbia, Canada
The following excerpt is from Oldaker v. Owners, Strata Plan VR 1008, 2009 BCSC 697 (CanLII):
As an initial comment, although it was not argued, I have concerns that the terms of this offer to settle are not clear and unambiguous, a requirement which was noted by Gray J. in Gosbjorn v. Hadley, 2008 BCSC 1614 at para 59. Further, I do not believe that the acceptance of this offer would have resulted in the avoidance of litigation. For example, the matters raised by clause 2 of the offer have been the subject of considerable debate between the parties, a debate which played out during the course of the hearing of the petition.
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