Can a court refuse to make an order in the terms of a accepted offer?
Ontario, Canada
The following excerpt is from Cotter v. Wasmund, 2005 CanLII 3385 (ON SC):
Even without finding there was a mistake in the wording, the court retains an equitable discretion to refuse to make an order in the terms of an accepted offer in light of all the relevant circumstances. See Quesnel v. Nadon-Quesnel (2001), 2001 CanLII 28259 (ON SC), 24 R.F.L. (5th) 89 (Ont. S.C.J. Fam. Ct.). Further, section 131 (1) of the Courts of Justice Act confers an overriding discretion on the court to determine costs unless there is a governing statute or rule. Rule 18 (13) of the Family Law Rules and its ancestor, rule 49.09 of the Rules of Civil Procedure, leave the discretion intact.
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