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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-13-2013, 11:47 AM
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Default "Offer to Settle" detailed steps

What are the exact detailed steps in doing an "Offer to Settle"...I have searched but found confusing info! This is on a motion

1. Create the offer with expiry just before motion time
2. Serve the offer...
7 days before???? Not sure about this one.
3. File the offer in court...Someone told me that it should be sealed or something...there is my confusion

And if someone has a nice template, that would be great too!

One quick question, on serving, can the Applicant (himself/herself) serve the lawyer of the Respondent?

Thanks so much!
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Old 06-13-2013, 12:06 PM
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Wouldn't need to be sealed but you will require at least 4 copies to be signed, proof of receiving it by other party on all copies. Other party will retain one copy. After it's filed in court, they retain one or two copies and you'll get at least one back as proof it's been filed/served. There's probably a fee as well for filing.
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Old 06-13-2013, 12:07 PM
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Sorry, normally you get a 3rd party, sheriffs office to serve the document. The lawyer would be served if they have representation, not the person directly.
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Old 06-13-2013, 12:15 PM
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In order to keep costs down, and they have representation, can I (the Applicant) serve the lawyer directly?
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Old 06-13-2013, 12:58 PM
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I believe you can but from what I recall, it's not recommended. I would suggest having a friend serve it on your behalf if you are able.
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Old 06-13-2013, 08:13 PM
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Quote:
Originally Posted by leroadrunner View Post
In order to keep costs down, and they have representation, can I (the Applicant) serve the lawyer directly?
Serving your ex or his/her lawyer is fine as long as you do not feel threatened. I have been having a friend serve my ex but it certainly isn't necessary. Whoever serves your ex will have to swear an oath in front of a commissioner of oaths that s/he was served.

You also asked about serving, you have to serve a minimum of days prior to any 'event' such as court date, etc. Also, here everything has to be in triplicate... one for you, one for your ex, and one for the court.

Keep in mind I am in Alberta so the above may very from province to province.
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Old 06-14-2013, 10:12 AM
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It's Rule 18 of the FLR (Family Law Rules)

Courts of Justice Act - O. Reg. 114/99

Hope this helps


Quote:

RULE 18: OFFERS TO SETTLE

DEFINITION

18. (1) In this rule,
“offer” means an offer to settle one or more claims in a case, motion, appeal or enforcement, and includes a counter-offer. O. Reg. 114/99, r. 18 (1).

APPLICATION

(2) This rule applies to an offer made at any time, even before the case is started. O. Reg. 114/99, r. 18 (2).

MAKING AN OFFER

(3) A party may serve an offer on any other party. O. Reg. 114/99, r. 18 (3).

OFFER TO BE SIGNED BY PARTY AND LAWYER

(4) An offer shall be signed personally by the party making it and also by the party’s lawyer, if any. O. Reg. 114/99, r. 18 (4).

WITHDRAWING AN OFFER

(5) A party who made an offer may withdraw it by serving a notice of withdrawal, at any time before the offer is accepted. O. Reg. 114/99, r. 18 (5).

TIME-LIMITED OFFER

(6) An offer that is not accepted within the time set out in the offer is considered to have been withdrawn. O. Reg. 114/99, r. 18 (6).

OFFER EXPIRES WHEN COURT BEGINS TO GIVE DECISION

(7) An offer may not be accepted after the court begins to give a decision that disposes of a claim dealt with in the offer. O. Reg. 114/99, r. 18 (7).

CONFIDENTIALITY OF OFFER

(8) The terms of an offer,
(a) shall not be mentioned in any document filed in the continuing record; and
(b) shall not be mentioned to the judge hearing the claim dealt with in the offer, until the judge has dealt with all the issues in dispute except costs. O. Reg. 114/99, r. 18 (8).

ACCEPTING AN OFFER

(9) The only valid way of accepting an offer is by serving an acceptance on the party who made the offer, at any time before,
(a) the offer is withdrawn; or
(b) the court begins to give a decision that disposes of a claim dealt with in the offer. O. Reg. 114/99, r. 18 (9).

OFFER REMAINS OPEN DESPITE REJECTION OR COUNTER-OFFER

(10) A party may accept an offer in accordance with subrule (9) even if the party has previously rejected the offer or made a counter-offer. O. Reg. 114/99, r. 18 (10).

COSTS NOT DEALT WITH IN OFFER

(11) If an accepted offer does not deal with costs, either party is entitled to ask the court for costs. O. Reg. 114/99, r. 18 (11).

COURT APPROVAL, OFFER INVOLVING SPECIAL PARTY

(12) A special party may make, withdraw and accept an offer, but another party’s acceptance of a special party’s offer and a special party’s acceptance of another party’s offer are not binding on the special party until the court approves. O. Reg. 114/99, r. 18 (12).

FAILURE TO CARRY OUT TERMS OF ACCEPTED OFFER

(13) If a party to an accepted offer does not carry out the terms of the offer, the other party may,
(a) make a motion to turn the parts of the offer within the court’s jurisdiction into an order; or
(b) continue the case as if the offer had never been accepted. O. Reg. 114/99, r. 18 (13).

COSTS CONSEQUENCES OF FAILURE TO ACCEPT OFFER

(14) A party who makes an offer is, unless the court orders otherwise, entitled to costs to the date the offer was served and full recovery of costs from that date, if the following conditions are met:
1. If the offer relates to a motion, it is made at least one day before the motion date.
2. If the offer relates to a trial or the hearing of a step other than a motion, it is made at least seven days before the trial or hearing date.
3. The offer does not expire and is not withdrawn before the hearing starts.
4. The offer is not accepted.
5. The party who made the offer obtains an order that is as favourable as or more favourable than the offer. O. Reg. 114/99, r. 18 (14).

COSTS CONSEQUENCES — BURDEN OF PROOF

(15) The burden of proving that the order is as favourable as or more favourable than the offer to settle is on the party who claims the benefit of subrule (14). O. Reg. 114/99, r. 18 (15).

COSTS — DISCRETION OF COURT

(16) When the court exercises its discretion over costs, it may take into account any written offer to settle, the date it was made and its terms, even if subrule (14) does not apply. O. Reg. 114/99, r. 18 (16).
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