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Drawing Up A Settlement Agreement

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  • #16
    You may be able to have it halted at the motion date. Is your lawyer still providing advice?

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    • #17
      One reason for making a formal offer is if; "The party who made the offer obtains an order that is as favourable as or more favourable than the offer."

      If you make an offer, go to court and get a better deal, you can ask for the other party to pay your costs. It's a common pressure tactic when negotiating. "Here's my offer. It's a good one. If we go to court you won't get anything this good and you'll also end up paying my costs."

      My STBX includes something like this on every communications. I think it replaces the "sincerely", "best regards," or whatever else normal people use before signing their name.

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      • #18
        Originally posted by m-chan68 View Post
        Well folks. I emailed the offer and she declined.
        You were encouraged to send a formal offer to settle and you emailed something?

        Reminds me of when I invited a girlfriend to a party with a formal dress code and she showed up wearing daisy dukes and a halter top.

        Just kidding, that never happened, because anyone I date knows the meaning of the word "formal"

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        • #19
          Originally posted by OrleansLawyer View Post
          A formal offer can be made prior to the commencement of litigation.
          And is a very very good thing to do!

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          • #20
            You may want to explain the difference between an email offer to settle and a formal offer to settle. From what OP has told me about his ex's response to his email, she has no idea the process and will be sending him an email about her financial statement. Im not sure if she plans to file her paperwork properly.

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            • #21
              With the other party's permission, you can serve notice by e-mail so I don't see a problem with e-mailing an offer to settle as long as the offer meets all the requirements.

              However, you would probably want to the other side to confirm receipt.

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              • #22
                Originally posted by ifonlyihadknown View Post
                With the other party's permission, you can serve notice by e-mail so I don't see a problem with e-mailing an offer to settle as long as the offer meets all the requirements.

                One of the requirements:


                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).
                If you are going to make an offer, you want to make one that is compliant with rule 18 if you hope to recover costs.

                Would a judge accept an email offer? Maybe, maybe not. Why risk it? Also, an email message demonstrates a certain lack of seriousness in the offer. Conversely, a signed offer conveys a certain amount of gravitas and also promotes the expectation that the other side will consider the contents without any undue haste.

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