What is the test for an offer in a personal injury action?
Ontario, Canada
The following excerpt is from Gogas v. Gogas, 2011 ONSC 5368 (CanLII):
The applicant made two offers to settle this proceeding, the first dated March 14, 2011 and the second dated June 3, 2011. The initial offer is not signed by counsel as required by subrule 18(4). The respondent argues that as such it does not meet the formal requirements of an offer within the meaning of Rule 18 and therefore is a nullity, and relies on Riss v. Greenough (2003), 2003 CanLII 2224 (ON SC), 37 R.F.L. (5th) 426 (Ont. S.C.J.) in support of that proposition.
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