Offer to settle questions

[toronto_father2]

Hi all.
Hope you`re all enjoying the weekend.

I`m making up an offer to settle, got a few questions.

-I understand that its not entered into the court record, but when I serve the other parties lawyer do I file am Affidavit of service, or is there another way to prove service in this case?

-When I mention my costs in the Offer, do I leave that for a later date if that becomes an issue or do i detail costs in the offer, I`m self repped.

Thanks

[Mess]

Your offer is a personal offer, you may ask for ice cream on Sundays if you want. So, yes, you may ask for costs. This has nothing to do with the courts, other than a judge's consideration, after the trial, "Was this a reasonable offer, and therefore did the losing party create unnecessary costs?"

To offer negotiating advice, if you require costs in your offer, it is far less likely to be accepted.

In terms of proof, you may simply send it registered mail.

[firhill]

-When I mention my costs in the Offer, do I leave that for a later date if that becomes an issue or do i detail costs in the offer, I`m self repped.

Thanks

Retain the details for use at costs hearing (if necessary).

I use the following paragraph on all Offers To Settle:

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23. If this offer is accepted prior to (insert date and time of motion/conference) the parties shall pay their own costs with respect to all issues settled in this action. Should this offer not be accepted before that time, it will remain open for acceptance until 15 minutes after the start of trial, unless otherwise withdrawn by the Applicant, save and except that the Respondent will pay the Applicant’s costs on a full indemnity basis.


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[advice needed]

You dont file an affidavit of service. You make sure the offer is signed by you and lawyer if you have one. You can use registered mail or a local courier service. Keep proof of the same. I would go with the advise you got here.

[ByMyself]

Be careful in "cutting and pasting" other people's paragraphs into your offer... Are you the applicant or respondent in your case? If you are the applicant, firhill's wording sounds pretty good... but don't use that if you are the respondent - it doesn't quite have the desired effect :-)

May seem obvious, but after hours staring at forms through glazed over eyes - an easy thing to mess up.