Can an applicant who entered into a family law proceeding with a pleading claim to a 50% interest in the respondent's property make an offer to settle that reflected a compromise from his pleaded claim?
Ontario, Canada
The following excerpt is from Holguin v. Mohan, 2021 ONSC 7696 (CanLII):
Conversely, there is the concern raised by the respondent that the applicant behaved unreasonably by entrenching himself in his position and not making an offer to settle that reflected a compromise from his pleaded claim to a 50% interest in the respondent’s property: see Potter v. Da Silva, 2014 ONCJ 443, para. 22. Having regard to one of the primary objectives of the Family Law Rules mentioned earlier, which is to encourage settlements, parties who do not engage in meaningful settlement negotiations (for example, by not making an offer of compromise against their pleaded claim) may not be considered to be acting reasonably.
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