REQUISITOS ADICIONALES

Offer in writing

181(1) Any party to a proceeding may serve on an adverse party an offer in writing to settle any claim in a proceeding and, where there is more than one claim, to settle any one or more of them, on the terms therein specified.

Without prejudice

(2) An offer to settle shall be deemed to be an offer of compromise made without prejudice, and shall not be an admission of liability, unless the offer otherwise provides.

No communication to court

(3) No statement that an offer to settle has been made shall be contained in the pleadings, and no communication of that fact shall be made to the court or jury on the trial or hearing of the proceeding until after all questions of liability and the relief to be granted have been decided. R. 181.

Time for making offer

182(1) An offer to settle may be made at any time before the court disposes of the claim or claims in respect of which the offer is made.

Revocation

(2) An offer to settle may be revoked by serving notice in writing at any time before it is accepted.

Deemed revocation

(3) Where an offer to settle stipulates a time for acceptance and is not accepted within the time so stipulated, it shall be deemed to have been revoked. R. 182.

Acceptance of offer

183 An offer may be accepted by serving notice of acceptance in writing at any time before the court disposes of the claim or claims in respect of which the offer is made, unless the offer has been revoked. R. 183.

Offer silent as to costs

184(1) Where an accepted offer is silent as to costs, the plaintiff may:

(a) assess his or her costs to the date of service with the offer to settle or the notice of acceptance, as the case may be; and

(b) without order, sign a judgment for those costs.

Directions in certain cases

(2) Notwithstanding subrule (1), any judgment signed under this rule may be varied by the court where:

(a) the offer is made after the commencement of the trial; or

(b) the party to whom the offer is made is under a disability. R. 184. Gaz Dec. 13, 2002. New.

Failure to comply

184A(1) Where any party to an accepted offer fails to comply with the terms thereof, the other party may apply to the court:

(a) for judgment in the terms of the accepted offer; or

(b) where the defaulting party is a plaintiff, to have his proceeding dismissed or, where the defaulting party is a defendant, to have his defence struck out.

(2) Where one party to an accepted offer fails to comply with the terms of the offer, the other party shall be entitled to his or her costs from the date of the acceptance of the offer. R. 184A. Amend. Gaz Dec. 13, 2002.

Judgment equals or exceeds offer by plaintiff

184B(1) Where a plaintiff makes an offer to settle that has not been revoked, and obtains a judgment as favourable or more favourable than the terms of the offer to settle, the plaintiff shall be entitled to costs to the date of the service of the offer and double costs after that date.

(2) Where a defendant makes an offer to settle that has not been revoked, and the plaintiff:

(a) fails to obtain a judgment more favourable than the terms of the offer to settle, the plaintiff shall be entitled to costs to the date of the service of the offer and the defendant shall be entitled to double costs from the date of service of the offer to the date of judgment; or

(b) fails to obtain judgment, the defendant shall be entitled to costs to the date of the service of the offer and to double costs from the date of service of the offer to the date of judgment.

Multiple defendants

(3) This rule shall not apply where two or more defendants are liable to the plaintiff in respect of any particular claim or claims, unless:

(a) in the case of an offer made by the plaintiff, the offer is made to all such defendants, and is an offer to settle the claim or claims mentioned therein as against all such defendants; or

(b) in the case of an offer made to the plaintiff, the offer is made by all such defendants and is an offer to settle the claim or claims mentioned therein against all such defendants. R. 184B. Amend. Gaz. Dec. 13, 2002; Amend. Gaz. Dec. 5, 2003; Amend. Gaz. Jan. 16, 2004.

Costs, factors which may be considered

184C The court, in exercising its discretion as to costs, may take into account:

(a) any offer to settle made in writing, the date the offer to settle was served and the terms of the offer; and

(b) any offer to contribute toward a settlement of a particular claim or claims made in writing by one defendant to any other defendant jointly or jointly and severally liable to the plaintiff with respect to that claim or those claims. R. 184C. Gaz Dec. 13, 2002. New.

Notice to local registrar

184E Where the local registrar receives notice that an offer has been made, a judgment after trial shall not be issued by the local registrar until that fact has been drawn to the attention of the trial judge, or an agreement as to costs has been filed with the local registrar. R. 184E.

Rules apply

184F The rules in this part shall apply, with any necessary modification, to any counterclaim, cross-claim or third party claim. R. 184F.

(The next part is Part Sixteen and the next rule is Rule 188)

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