How to make an offer to settle

What is it for?

A written offer proposes terms to resolve some or all issues. Acceptance may avoid a contested hearing. Even if it is refused, a qualifying offer can affect a later decision about costs.

What it can and cannot do

What it can and cannot do: An accepted offer can resolve specified claims and lead to a recorded agreement or order. An unanswered or rejected offer does not itself change an order. Its potential costs effect depends on Rule 24’s conditions and the later result; there is no guaranteed costs award.

Forms to use and what to put in them

There is no numbered “offer form” in Rule 18. Prepare a written offer signed personally (and by your licensed representative if you have one). Identify the parties, each issue being settled, the exact terms and dates for performance, what happens to costs, and any acceptance deadline. Check how partial terms interact with existing orders and unresolved issues. Serve the signed offer and keep proof; Form 6B is a common proof where needed. Acceptance must itself be served under Rule 18.

How to prepare

If the other party accepts, you may settle an issue without a contested hearing and avoid the costs of taking that issue further. If they decline and the hearing goes ahead, the court can consider the offer when deciding who pays costs. An offer does not guarantee that either party will recover costs or avoid paying them.

Rule 24 has a specific potential costs consequence when an offer meets its conditions and the person who made it gets an order as favourable as or more favourable than the offer. For a motion, that includes making the offer at least one day before the motion date; for a trial or another hearing, at least seven days before. The offer must remain open through the start of the hearing and must not have been accepted. The court can order otherwise. Read Rule 24(12) ↗ for all the conditions.

Start with the decision you want to resolve

Consider which claims are actually in dispute: for example, a parenting schedule, support, or a particular issue on a motion. An offer can cover some claims without settling the entire case. Think through whether the terms would work in practice, especially for the children involved. You can make an offer at any time, even before a case starts.

Make and serve an offer

1. Write the proposed terms clearly.Identify the parties, the issues covered, exactly what each person would do, and when. Say whether the offer addresses costs. If you want a deadline for accepting, state it clearly. Check any existing orders and the relief you are asking the court to decide.
2. Sign the offer personally.Under Rule 18(4), the person making the offer signs it; their licensed representative also signs if they have one. Rule 18 does not require a self-represented person to have an offer commissioned or notarized.
3. Serve it on the other party.Use a method permitted by the Family Law Rules ↗ and any order in your case. Keep a dated copy and proof of service. An Affidavit of Service (Form 6B) is evidence of service when needed; it is not the offer itself.
4. Keep track of what happens next.Review any response or counteroffer carefully. An offer may be withdrawn by serving a notice of withdrawal before acceptance. If an offer is accepted, Rule 18 sets out the steps for recording the agreement and seeking an order if necessary.

From preparation to the court date

1. Choose the claims to resolve.Make sure each proposed term is workable and says whether the offer is for all or only some claims. Decide how costs and timing are treated.
2. Sign and serve.Serve the signed written offer by a method permitted under Rule 6, keep the dated copy and proof, and record whether it was withdrawn, countered, or accepted.
3. Track any hearing date separately.The offer does not book a conference or motion and does not require Form 14C/17F confirmation. If a hearing is scheduled, check the Rule 24(12) one-day motion or seven-day trial/other-hearing thresholds and all other conditions before claiming the special costs consequence.
4. If accepted, record the result.Rule 18 requires acceptance by service. Follow its process to record the agreement and seek an order if needed. If not accepted, keep the offer confidential from the merits judge except under the rule’s exceptions; costs are addressed after the merits.

Rule at this step: Rule 18 governs offers, service, acceptance, withdrawal, and confidentiality. Rule 24 governs costs; neither rule guarantees a costs award.

Timeline for serving and filing

1. Any time before or during a case.Write clear terms, sign the offer under Rule 18, serve it on the other party, and keep a dated copy and proof of service. State an acceptance deadline if you intend one.
2. For the Rule 24(12) costs consequence.An offer relating to a motion must be made at least one day before the motion; for a trial or another hearing, at least seven days before. It must remain open through the start of the hearing, among other conditions.
3. After a response.If accepted, follow Rule 18’s steps to record the agreement or seek an order. If not accepted, preserve the offer and service record for any later costs request. A withdrawal must be served before acceptance.

A written offer does not automatically decide costs. Check Rules 18 and 24, and keep the offer away from the merits judge except where the rules permit disclosure. Check the current Family Law Rules ↗

Hot points to remember

• Keep it away from the judge deciding the issues.Rule 18 limits disclosure of the offer in the continuing record and to the judge before the issues are decided, apart from costs. Check the rule’s exceptions and any directions for a particular kind of hearing.
• A rejected offer can affect costs.Compare the eventual order with what was offered. The timing and other conditions in Rule 24 matter; winning a motion alone does not automatically establish the offer-related costs consequence. The court also considers written offers when setting a reasonable amount of costs.
• Check whether an offer is still open.Read its deadline and any withdrawal notice. Rule 18 also limits acceptance once the court has begun to give its decision on the claim covered by the offer.
• Be precise about costs.If the offer leaves costs unresolved, accepting the other terms may not settle the costs question. Say what you propose about costs rather than assuming silence resolves it.

Where are the page and evidence limits?

Rule 18 does not set an offer page limit. The motion affidavit and conference brief limits do not govern the offer itself. Write terms that are clear enough to accept, and keep the offer out of the merits record except where the rules allow.

Offers at later conferences

The general Rule 18 confidentiality rule has conference exceptions. A settlement conference is meant to explore settlement, and an offer to settle all outstanding claims is required for a Superior Court trial management conference under Rule 17 and the provincial practice direction. Follow the court’s directions for those conference materials. The provincial direction says not to place offers in the Trial Record.

Rule 17 conference documents ↗ · Provincial trial management direction ↗

Before using this guide

This is general Ontario legal information, with an Ottawa Superior Court focus. It is not a model offer or advice about what terms to propose. Review the current rules, orders, and local directions for your case. For a safety concern or a complicated parenting or financial proposal, consider getting legal advice before signing.