Is it standard practice to serve offers to settle in matrimonial litigation?
Ontario, Canada
The following excerpt is from O'Connor v. O'Connor, 2007 CanLII 8930 (ON SC):
As noted above, neither party served an offer to settle. Given the importance of offers in resolving cases or, at the very least, narrowing issues, I find that both parties behaved unreasonably in not making offers. It should be standard practice to serve offers to settle in matrimonial litigation, particularly if a party will be claiming full recovery costs. See: Karbelnik v. Berk, [2001] O.J. No. 1823 (Q.L.) (S.C.J.) Other than the failure to serve offers, I do not find that either party behaved unreasonably.
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