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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 02-19-2014, 11:02 PM
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Default Settlement Offer and Costs and Trial

My understanding from the posts here is that a settlement offer should be good until 1 minute before trial (or something like that) I was reading in Family Law Lectures the following:


expiry: Rule 18(14)3 requires that the offer not expire before the hearing starts. The mother’s offer provided that the offer would expire 5 minutes before the hearing.

The case was

Clancy v. Hansman, 2013 ONCJ 702
January 10, 2014

Comments??

I didn't look up this Rule---just wanted input.
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Old 02-20-2014, 12:37 AM
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I think that the phrase usually used is that the offer should be good or not expire until 1 minute (or 5 minutes) after the start of trial. Rule 18(14) (3) that you quoted discusses the cost consequences of failing to accept an offer to settle. It lists 5 conditions that must be met if you are to be entitled to costs. One of the conditions (number 3) is that the offer does not expire before the start of the hearing.
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Old 02-20-2014, 07:48 AM
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Quote:
Originally Posted by annapurna66 View Post
I think that the phrase usually used is that the offer should be good or not expire until 1 minute (or 5 minutes) after the start of trial. Rule 18(14) (3) that you quoted discusses the cost consequences of failing to accept an offer to settle. It lists 5 conditions that must be met if you are to be entitled to costs. One of the conditions (number 3) is that the offer does not expire before the start of the hearing.
I think you are right about the minute after trial starts. I am positive Tayken would be able to answer with a more definite response.
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Old 02-21-2014, 12:31 AM
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thanks for the response
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Old 02-22-2014, 12:05 PM
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Default Settlement Offer and Costs and Trial

My opinion is that sending too many offers just to look good in court can backfire. Make sure your offers are fair and close to what you would think will be ordered. Good
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Old 02-22-2014, 04:29 PM
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yes I agree, he doesn't want to do bottom line
one with some leeway
next our bottom line
ex's numbers are way off
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Old 02-22-2014, 07:53 PM
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You need to put your best offer on the table early -- one that you think is better than the court will award -- and keep it on the table. Then you will be presumptively entitled to costs, dating from the offer.

The really critical thing is that your offer must be at least as good (for the other party) as what the court awards, and that it must have been in force continuously.

You can make it expire 1 minute after the court proceeding if you like, but why? Lots of agreements get struck after the opening sparring, saving days of court proceedings. It expires automatically once the judge starts to announce a decision.
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Old 02-23-2014, 12:25 AM
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Thanks. It is a difficult situation as what we believe I owe (based on actual data on our side) and what he thinks I owe him are far far far apart. Now his number is only 2.5x more than what we figure, it was 5x more before. We aren't starting from the same negotiating number---we are so far apart. So..costs start at the time of the best offer as long as that offer is the only offer put forth (or continuous as you say)
hmmmmm
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