Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 02-18-2015, 06:27 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,175
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default Question on Offers

Hypothetically speaking, if an offer is made with lawyer's advice from one party to the other, and the other party accepts it, can the offering party simply change their mind after the offer has been accepted before it has been made into a new agreement/order and demand the complete opposite plus more?

Does it matter if it was an "officially drafted" offer or an offer via email forwarded from the offering party's lawyer?
Reply With Quote
  #2 (permalink)  
Old 02-18-2015, 06:51 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by blinkandimgone View Post
Hypothetically speaking, if an offer is made with lawyer's advice from one party to the other, and the other party accepts it, can the offering party simply change their mind after the offer has been accepted before it has been made into a new agreement/order and demand the complete opposite plus more?

Does it matter if it was an "officially drafted" offer or an offer via email forwarded from the offering party's lawyer?
If you have an offer in hand that has both parties signatures on it then it is a done deal and now an "agreement".

For it to be a proper "offer" in accordance with the Family Law Rules the offer has to be signed by the person and their lawyer in accordance with Rule 18.(4).

Quote:
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).
But, an offer can be withdrawn before it is accepted. So if you have an offer in hand and it is good sign it and have it witnessed/notarized (to the hour/day you signed!) and immediately notify the other party and/or their lawyer.

Quote:
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).
Here is the section on "Accepting an Offer":

Quote:
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).
See section 18 of the Family Law Rules here:

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

Good Luck!
Tayken
Reply With Quote
  #3 (permalink)  
Old 02-18-2015, 08:03 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,175
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

So essentially, in order for it to be considered an actual offer, it must be "official" and signed by both parties, an email from the offerer (forwarded from their lawyer) would not be considered an official offer whether the receiving party accepted it or not.
Reply With Quote
  #4 (permalink)  
Old 02-19-2015, 09:46 AM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,717
HammerDad will become famous soon enough
Default

Blink - not quite. In order for the offer to be valid, it has to be signed by the offeror and their lawyer. In order for the offer to accepted, the accepting party must serve notice that they have accepted the terms.

If the party making the offer signs it and forwards it in an email all the other party has to do is serve notice that it is accepted (ie. simply reply via email that is accepted). If the above is the case, it is pretty much an open and shut matter.

If the offer was simply words in an email, it is still in writing and could possibly be deemed signed as an electronic signature. If accepted via email, prior to being rescinded, I would argue that you have an agreement in principle, and the other party should be bound to the terms of their offer. Depending on the entirety of the scenario (timing, what was offered etc.) a judge may likely hold both parties to the terms of the offer.
Reply With Quote
  #5 (permalink)  
Old 02-19-2015, 11:50 AM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,175
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Thanks HD...that helps a lot!
Reply With Quote
  #6 (permalink)  
Old 02-20-2015, 10:04 AM
wretchedotis's Avatar
Senior Member
 
Join Date: Oct 2009
Location: ON
Posts: 2,317
wretchedotis is on a distinguished road
Default

Quote:
Originally Posted by blinkandimgone View Post
Hypothetically speaking, if an offer is made with lawyer's advice from one party to the other, and the other party accepts it, can the offering party simply change their mind after the offer has been accepted before it has been made into a new agreement/order and demand the complete opposite plus more?

Does it matter if it was an "officially drafted" offer or an offer via email forwarded from the offering party's lawyer?
My ex, myself, and our respective lawyers sat down and came to an agreement.

I signed it and sent it off to the other side - where it sat unsigned by the other party for a few weeks.

Her circumstance changed, and then she moved about 70 kms away with the child. The unsigned document spoke to limits of moving the child outside of city limits. But, it was never signed by her - and therefore useless.

Now it wasn't an 'offer', but I think the principal is the same.

Last edited by wretchedotis; 02-20-2015 at 10:07 AM.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Newb with a question Mackbraemmett Introductions 8 11-20-2013 08:38 PM
Settlement offers advice needed Divorce & Family Law 1 11-08-2013 04:38 PM
Question: "more specifics on the importance of status-quo" Tayken Divorce & Family Law 5 09-03-2013 02:45 PM
Question about Child and Spousal Support deevusone Divorce & Family Law 13 05-09-2012 09:08 PM
Hello and child support question noelle78 Introductions 13 01-25-2011 08:55 PM


All times are GMT -4. The time now is 10:59 PM.