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How Do You Make An Offer Before Trial?

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  • How Do You Make An Offer Before Trial?

    Does anyone know how to go about making a settlement offer before going to trial?

    In the Family Law Rules, it indicates that you can serve the other party with an offer, but it doesn't specify how to make an offer.

    Are there any special forms or templates for this purpose?

  • #2
    As far as I know, there aren't any templates. It can just be a letter to the other party, detailing the things that you are "offering".

    Set out the terms in specifically numbered paragraphs.

    It can include an expiry date, or can automatically expire at the commencement of trial.

    Also, if you put forth an Offer to Settle, which is reasonable, and is close to what the Judge finally orders, and the other party doesn't respond, or rejects the offer, he/she may be acting "unreasonably" and end up being responsible for your court costs.

    It is always a good idea to offer a settlement!

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    • #3
      Originally posted by representingself View Post
      Also, if you put forth an Offer to Settle, which is reasonable, and is close to what the Judge finally orders, and the other party doesn't respond, or rejects the offer, he/she may be acting "unreasonably" and end up being responsible for your court costs.

      It is always a good idea to offer a settlement!
      That's our hope for a decent trial - after some ridiculous temporary rulings.

      The other thing that makes my husband and I ecstatic is that the judge who heard our case and settlement conferences is automatically ineligible to hear the trial. This is great, because this particular judge made rulings based on her "feelings" and "personal judgement" instead of the guidelines.

      With this in mind, we haven't lost ALL hope yet. :-)

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      • #4
        so the same judge who heard the Case conferences cannot hear the motion hearing?

        (we had 2 different ones)

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        • #5
          we were going to put another offer in the summary affidavit, what we had offered at the 2nd CC, and also what was stated in our original motion to vary paperwork, do we still do this

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          • #6
            From what I know, a judge who has led you through any conferences cannot hear your trial. It has to be someone who is not connected and therefore unbiased - hopefully.

            As for putting in another offer... I think it's a good thing. Whether you technically need to or not, it doesn't matter. Best to cover your you-know-what! ;-)

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            • #7
              I dont even how we would put in an offer...got the supplimentary affidavit ready...new financial statement, all the fun stuff...but an offer...my head hurts...i wish this was all over

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              • #8
                Originally posted by frustrated11 View Post
                I dont even how we would put in an offer...got the supplimentary affidavit ready...new financial statement, all the fun stuff...but an offer...my head hurts...i wish this was all over
                My heart hurts, my head hurts... I'm becoming a giant stress ball... and we haven't even fully begun!

                I'm sorry to hear you're having a hard time. I don't think court is ever a happy or relaxing time. For anyone. Well, maybe for my stepson's mom, who gets everything she wants under the sun at the expense of my husband and I. She looooves dragging us to court for every tiny little issue. Issues that are outlined in guidelines and family law rules. Guidelines that get over-ruled in her favour. Right now, I see no point in our "guidelines" and "norms" and "tables" - they never seem to apply to my husband and I.

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                • #9
                  COSTS CONSEQUENCES OF FAILURE TO ACCEPT OFFER
                  <!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R├Ęgl. de l'Ont. 114/99. -->(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).

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                  • #10
                    so they day before the motion, we can fax them an offer and if they don't accept, then if asked we may be able to recoup costs....what if you are self represnenting, costs are very basic, time off o work faxing photocopying,

                    my ex's lawyer never even introduced herself at the first cc or returned my call, guess as I am a self representing I am not worth her time

                    Comment


                    • #11
                      Yeah, I read that. Too bad you can't get the same "costs" if you self-represent.

                      Right now, we're waiting to get our trial date (requests have been submitted) before serving our offer.

                      Gotta love the waiting game!

                      Comment

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