What is the test for an offer to settle in a family law matter?
Ontario, Canada
The following excerpt is from Callery v. Callery, 2010 ONSC 5012 (CanLII):
Pursuant to sub-rule 24(1) of the Family Law Rules, there is a presumption that the successful party is entitled to costs. Offers to Settle are important and can be a yard stick by which to measure success. They are significant in determining both liability for costs and quantum. See Osmar v. Osmar 2000 CanLII 20380 (ON SC), [2000] O.J. No. 2504(Ont. Sup. Ct.).
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