When determining whether a party has been successful in obtaining a final order in a personal injury action, does the court have to consider any other settlement offer made by the parties?
Ontario, Canada
The following excerpt is from Daniel v. Henlon, 2020 ONCJ 259 (CanLII):
When determining whether a party has been successful, the court should take into account how the final order compares to any settlement offers that were made. See: Lawson v. Lawson, 2008 CanLII 23496 (ONSC), [2008] O.J. No. 1978 (S.C.J.).[1]
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