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Old 12-01-2017, 08:17 AM
Gilligan Gilligan is offline
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Default Question regarding disclosing offer to settle in affidavits

Hi there,

I have a bit of an odd question. I am dealing with another motion and in the early stages. I am heading into our first appearance soon.

My ex's lawyer submitted an affidavit, in it they've included my Offer to Settle as an Exhibit. I was under the impression that you are not allowed to do that as it can bias the judge and impact the outcome.

Can somebody confirm this to be the case and if so, point me to the appropriate family law rules so I can have it addressed?

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Old 12-01-2017, 09:35 AM
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Janus Janus is offline
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(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).
Under Rule 18 of course.
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Old 12-03-2017, 10:27 AM
Gilligan Gilligan is offline
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Default Thank for confirming, best strategy to deal with it?

Thank, that helps a lot.

I guess now the question is about how I should deal with it. The opposing lawyer included my signed letter of offer in the continuing record as an exhibit in their affidavit. Clearly a violation and they are trying to use it against me.

Should I let this slid in the first appearance and suggest that the motion be tossed? Or ask the courts to reject her affidavit entirely?

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