Reasons for withdrawing an offer?

[torontonian]

What could it mean if the ex's lawyer withdraws their only offer (just before another SC)? Could it mean the ex realized that it was not worth for the Judge to shout at them (it was a really bad one), or could it simply indicate we are proceeding to trial? In a better world, I'd hope a new proper offer is coming... My offer ("With Prejudice"/"Under the Rules") is very reasonable, and reflect the SC Judge's suggestions. Any ideas? Thanks

[theborg]

It's too get into your head...did it work?.................Read the family law rules...not the act............about settlement offers...you still have a Trial Management Conference to go to....my understanding offers are looked at after the judge makes his decision to see who was unreasonable....there may be some Canll stuff you could sift thru about offers....why not make another offer..my ex sent about 6 once...lol

[torontonian]

OK - thanks... and a follow-up question: at the end of a trial, at "costs" time, does the trial judge look at all offers made, even the withdrawn ones, or only the latest one? Thx

[Tayken]

OK - thanks... and a follow-up question: at the end of a trial, at "costs" time, does the trial judge look at all offers made, even the withdrawn ones, or only the latest one? Thx

All offers.

The reason they pulled the offer is to create fear uncertainty and doubt in you (FUD). Common tactic. All the offers to settle made can be presented at the end of trial.

If you are heading to a Settlement Conference they are more than likely going ot push for what they have asked for at the conference. To go from an SC to a trial is a bit of a reach. SC's are usually put in place for people who are close to settling.

If there are substantial issues that can't be addressed at a Conference you can request at the SC that the matters be brought on motion to address them on affidavit evidence and for the motion date to be scheduled and set.

When you do make this technical request (which the Judge at the SC can order as it is a technical request) you should do the following:

1. The motion be about particular agreed upon items. (Custody, Access, etc...) and not particular items (equalization, etc...) Think about what you want to address in the motion. The reason I recommend having it called out is to contain the other party from throwing all the poop that can stick into 12 affidavits that make up 200+ pages of crap.

2. The motion be "preemptive" on both parties. That both the applicant and respondent file materials on the same date and both be given the opportunity to respond by a date prior to the motion.

3. Depending on the number of elements to be addressed at the motion it be a "long motion hearing".

4. Depending on urgency of the matter that the time frames for submission of the preemptive filing of the affidavits happen 15 days after the date of the SC and the responses be filed 15 days after the original affidavits are filed. Furthermore, the order from the SC should state that there are to be NO FURTHER RESPONSES to any affidavit material after the preemptive response date.

5. That the oral arguments for the motion and determination be 15 days after the date both parties have preemptively filed their responses. The reason for this is to give BOTH parties an opportunity to consider offers to settle prior to going to motion.

6. If the parties accept an offer to settle 1 minute prior to the oral arguments for the long motion hearing that both parties bear their costs in the matter and the offer to settle become an order.

Good Luck!
Tayken

[torontonian]

Thanks Tayken, as always GREAT info
We already have the green light for the SS motion. I was told it will be easier to do a short motion in T.O., otherwise too hard to fit in the Judges' schedule and will create a delay. This is our 2nd SC, we only have the SS to deal with and a couple of disagreements on equalization. It's totally insane to have such a simple case in court close to 2 years now... Gotta love the system

[hadenough]

torontonian: I "thought" mine was "simple" too. It went from 2008 to 2011. It seems a lot of them do. Average: 2.5-3 yrs if I'm not mistaken. Great info ^ re: offers. Good for everyone to take note of.