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  • Offer to settle

    I made a detailed, severable offer to settle a while back which was ignored and has since expired. Does this offer protect me so that I can receive costs when we go to arbitration or do I need to have a live offer going into arbitration/trial in order to be protected?

  • #2
    Why did it expire?

    COSTS CONSEQUENCES OF FAILURE TO ACCEPT OFFER
    (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 The offer does not expire and is not withdrawn before the hearing starts.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).
    Emphasis mine.

    An offer should not expire before the hearing starts if you want it to be considered for costs

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