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  • Offer to settle

    We have concluded our arbitration at the end of 2021 and are awaiting the arbitrator’s decision. Last week I received a new offer to settle from my ex which I find perplexing. According to the family law rules, for an offer to have costs consequences it must be presented 7 days before trial. I don’t understand why he would make an offer to settle AFTER our arbitration. He erroneously claims it will save us both legal fees. It may save me one or two thousand dollars but I have already spent in excess of $100,000 on the arbitration alone, so I don’t see any savings to be had. His offer is a low ball offer in which he is primarily asking to be absolved of any costs he may owe me and to have his assets unfrozen immediately ( even before he has paid my settlement).

    Does anyone else have experience with offers to settle being made after arbitration or trial is concluded and while waiting for a final judgment? Unless you are going to offer everything the other party wants plus throw in some money for costs, what is the purpose to make an offer after trial has concluded? Doesn’t seem rational to me.

  • #2
    Offers can be made at any time FLR 18...


    IDK if arbitration is different, does FLR 18(9) apply?
    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    (a) the offer is withdrawn; or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).

    Comment


    • #3
      Yes but it’s sort of pointless since it does not protect your right to costs if it is not accepted as it wasn’t made 7 days prior to the commencement of the trial/arbitration. The whole idea is to make an offer before trial/arbitration in order to also save the cost of going to trial or arbitration. There is no costs savings motivation after the trial/arbitration has already occurred.

      Comment


      • #4
        It is risk mitigation. Costs must be part of the settlement deal if they are to be paid.
        Did you read the section on Settlement and costs?

        Also if one guesses right on the ruling costs should be awarded. So offer settlement plus whatever you want for costs but it has to lol like a good deal to them. I have zero experience but that is how I read it.

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        • #5
          Originally posted by Stillbreathing View Post
          Yes but its sort of pointless since it does not protect your right to costs if it is not accepted as it wasnt made 7 days prior to the commencement of the trial/arbitration. The whole idea is to make an offer before trial/arbitration in order to also save the cost of going to trial or arbitration. There is no costs savings motivation after the trial/arbitration has already occurred.

          I dont think your ex truly understands things or does and plays dumb. He probably sent that offer hoping you would accept it to end things failing to realize the rules.

          Is there a chance it can go to trial after arbitration? Can he reject the arbitration decision? Maybe he thinks that will happen so hes sending it in now?

          Comment


          • #6
            After arbitration, either party can appeal the decision if they are not happy. Before arbitration begins you have to agree on which of three grounds you may appeal;
            On facts, on law or a combination of facts and law.
            I spoke with my lawyer who said he has never heard of anybody sending an offer to settle AFTER trial/arbitration although it is allowed right up until the judge/arbitrator releases their decision.
            Last edited by Stillbreathing; 03-30-2022, 11:04 AM.

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