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Difference between revisions of "Rules Promoting Settlement in Family Matters"
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Rules Promoting Settlement in Family Matters (view source)
Revision as of 21:22, 12 June 2019
, 21:22, 12 June 2019→Offer to Settle
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===Offer to Settle=== | ===Offer to Settle=== | ||
You can make an offer to settle at any time during a court proceeding. A formal offer to settle under Rule 11-1 has special potential costs consequences if the trial proceeds and the decision of the judge is not as favourable as the offer. | You can make an offer to settle at any time during a court proceeding. A formal offer to settle under [http://canlii.ca/t/53h1z Rule 11-1] of the Supreme Court Family Rules has special potential costs consequences if the trial proceeds and the decision of the judge is not as favourable as the offer. | ||
To qualify as a formal offer under Rule 11-1 the offer must: | To qualify as a formal offer under Rule 11-1 the offer must: | ||
*be in writing; | *be in writing; | ||
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*the relative financial circumstances of the parties; and | *the relative financial circumstances of the parties; and | ||
*any other factor the court considers appropriate. | *any other factor the court considers appropriate. | ||
An offer to settle does not expire if a counter offer is made. | An offer to settle does not expire if a counter offer is made. | ||
For more information on making an offer to settle see the Legal Services Society guide [http://familylaw.lss.bc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/making-offer-settle Making an offer to settle] | |||
==Provincial Court == | ==Provincial Court == | ||
There are fewer incentives in the Provincial Court Rules for settlement. Costs are not payable in Provincial Court, except that a judge has the discretion under [http://canlii.ca/t/53lfk Rule 11] to order the party requiring the expert's attendance pay for an expert’s attendance at court if the judge determines that it was unnecessary to call the person to attend. | There are fewer incentives in the Provincial Court Rules for settlement. Costs are not payable in Provincial Court, except that a judge has the discretion under [http://canlii.ca/t/53lfk Rule 11] to order the party requiring the expert's attendance pay for an expert’s attendance at court if the judge determines that it was unnecessary to call the person to attend. | ||