When will a court consider an offer to settle a claim for lump sum payments?
Alberta, Canada
The following excerpt is from Cotterill v. Cotterill, 2010 ABQB 335 (CanLII):
In considering offers to settle, the court must be careful not to compare apples to oranges. I am in agreement with the decision of Veit J. in Purich v. Purich, 1999 ABQB 212, 248 A.R. 145 that different types of orders cannot be compared mathematically. In that case, Veit J. compared lump-sum and periodic support orders and said this at para. 48: An offer of a lump sum payment is therefore different in kind from an offer for periodic support. Even if a lump-sum offer and an offer of periodic support were mathematically similar, they are so different in kind that an offer of one does not equate to an offer of the other.
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