What is the legal test for subrule 18 (14) of the Rules of Civil Procedure in Nigeria?
Ontario, Canada
The following excerpt is from Lalonde v. Lalonde, 2021 ONCJ 117 (CanLII):
[16] The technical requirements of subrule 18 (14) must be met to attract the costs consequences in subrule 18 (14). See: Weber v. Weber, 2020 ONSC 6855; Ajiboye v. Ajiboye, 2019 ONCJ 894.
[17] Even if subrule 18 (14) does not apply, the court may take into account any written offer to settle, the date it was made and its terms when exercising its discretion over costs (subrule 18 (16)) or, in assessing the reasonableness of a party under sub-clause (iii) of subrule 24 (12) (a). See: Mussa v. Imam, 2021 ONCJ 92.
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