Does Rule 18(14) relating to formal Offers to Settle apply to quantum of costs in a personal injury action?
Ontario, Canada
The following excerpt is from E.L. v. N.R., 2017 ONSC 5406 (CanLII):
Rule 18(14) relating to formal Offers to Settle is also relevant to quantum of costs. If an Offer to Settle does not meet the formal requirements of Rule 18(14), the court may nonetheless take into consideration as a favourable factor any written Offer to Settle, the date it was made and its terms (Rule 18(16)). A party’s failure to serve an Offer to Settle may also be viewed as an adverse factor in determining the quantum of costs (M. (J.V.)). This is so even if the party was the successful litigant (Smith v. Smith, 2007 CarswellOnt 1538 (S.C.J.)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What is the quantum of costs for the Applicant in a personal injury action against the Respondent? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
What are the costs of a personal injury settlement when the parties settle a civil action with the assistance of a private mediator? (Ontario, Canada)
What are the requirements for an offer to settle a claim in a personal injury action? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
Can a lawyer be personally liable for costs in a personal injury action? (Ontario, Canada)
What is the impact of a party's limited financial circumstances on the quantum of costs in a personal injury action? (Ontario, Canada)
What is the quantum of costs awarded by the Court in a personal injury action? (Ontario, Canada)
If the parties cannot agree on costs in a personal injury action, what are the deadlines for responding to the claim? (Ontario, Canada)
