View Single Post
  #7 (permalink)  
Old 10-30-2009, 06:27 PM
representingself representingself is offline
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

I would definitely leave out any 'facts' of the case as they are currently up for debate, (otherwise you wouldn't be going to court, right?).

I would outline the terms you are offering and nothing more.

An Offer to Settle is normally sent from one Lawyer to the other, there is no "official" format. They are usually prepared as a standard letter.

What you include are the 'terms' that you are willing to agree to. The more you stick to the family law act, support arrears and enforcement act, and the family law rules... the better your offer will be, (it will appear "reasonable" to the Judge).

Up until the Offer is accepted/rejected or time lapsed, you are bound to what you have offered. However, the specific details of the offer cannot be stated in any other documents in the Continuing Record.

The responding party can agree to some or all of the Offer, (unless you stipulate that it is an all or nothing offer). Or you can issue a "partial offer to settle", which focuses on specific aspects of the case, and leaves the rest to be determined at the trial.

Only at the very end of the trial will the Judge want to know the details of your offer(s). They use it to determine a cost award, (if any).

If you offer something, and it is rejected, the responding party cannot then try to use it against you...

Did that help?