Is a non-severable offer to settle an action when it specifies different amounts for the various issues at stake in the proceeding?
Ontario, Canada
The following excerpt is from Lumsden v. Delpeche, 2003 CanLII 31659 (ON SC):
Skye v. Matthews, supra, stands for the proposition that offers to settle are result, not issue, oriented. Thus, when a non-severable offer to one party specifies different amounts for the various issues at stake in the proceeding, the offer is not to be compared to the judgment on an issue-by-issue basis. If the total amount offered to the plaintiff exceeds the total amount obtained at trial, the offer should be considered under Rule 49.10. From the point of view of the objectives of offers to settle, this reasoning makes sense. The plaintiff can accept the offer and receive the amount specified. Which issue the amount is allocated towards makes no difference to the result that a plaintiff achieves by accepting the offer.
"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
How have courts dealt with costs in a matrimonial proceeding where the parties settled all issues except costs? (Ontario, Canada)
Can issue estoppel prevent parties from re-litigating issues previously decided in another court proceeding? (Ontario, Canada)
Is issue estoppel applicable in a civil proceeding after adjudication of issues in an administrative hearing? (Ontario, Canada)
Does Rule 18(14) relating to formal Offers to Settle apply to quantum of costs in a personal injury action? (Ontario, Canada)
Can a party who has rejected an offer or responded with a counter offer to accept the original offer unless it has been withdrawn? (Ontario, Canada)
Does the requirement that the Class Members raise common issues become entwined with the requirement of 5(1)(d) that a class proceeding would be a preferable procedure for resolution of the common issues? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount? (Ontario, Canada)
Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding? (Ontario, Canada)
What are the requirements for an offer to settle a claim in a personal injury action? (Ontario, Canada)
