Offers To Settle

[jubilee777]

After a trial, does the judge view all the offers to settle leading up to trial or just the most recent one sent just prior to trial?

[Asphenaz]

I believe, that the judge will look at all offers to settle, then pick the one that is closest to his judgement. This will be used as the basis for costs awarded.

[rockscan]

When you argue for costs, you show how your offer was closer to the judges decision. That is your argument that the other party took the matter forward unnecessarily.

[jubilee777]

Thanks all!

[vocalfather]

To further add to this post, what is the best course of action for collecting on costs post judgement?

[rockscan]

Originally Posted by vocalfather

To further add to this post, what is the best course of action for collecting on costs post judgement?

There have been answers to this in other threads. A successful way has been to have the costs order set as recoverable by FRO or another enforcement agency in different provinces.

[Janus]

Originally Posted by rockscan

There have been answers to this in other threads. A successful way has been to have the costs order set as recoverable by FRO or another enforcement agency in different provinces.

Generally, only those who receive child support can get costs collected by FRO. Those who pay support receive no such aid.


I imagine that if FRO also collected family law costs from support recipients, that it would dramatically cut down on family law litigation.

[vocalfather]

Originally Posted by rockscan

There have been answers to this in other threads. A successful way has been to have the costs order set as recoverable by FRO or another enforcement agency in different provinces.

FRO, in Ontario, has been totally resistant to doing so (as the support recipient) and have told me that I would have to have a further court order allowing them to do so. I've searched the forum without any real guidance. That's why I asked. There has to be another way to enforce costs awards.

[rockscan]

There isn’t. You would have to go to small claims court and have it turned into an order which you could then enforce through a garnishment.

May be worthwhile to look at small claims details.

[vocalfather]

I was also told that small claims won't address it and send it back to the family courts. It feels so very cyclical and frustrating. Small claims also would only address 50% of that costs order and even then, enforcement on small claims actions are tough too. Costs seem so very pointless.