Offer to Settle

Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Davidson Cahill Morrison Civil Litigation & Appellate Advocacy

Topic

Civil Litigation & Appellate Advocacy

Formal settlement offers under the Rules of Civil Procedure and their cost consequences, which reward reasonable offers and penalize parties who refuse them.

View all articles →

The High Cost of Unreasonable Conduct: Why a “Hardball” Litigation Strategy is a Costly Gamble

Peter Reinitzer September 9, 2025

Offer nothing, force the plaintiff to finance a trial, and hope they fold: it is a familiar defence gamble, and a growing line of Ontario cases shows how badly it can go. In Barry v Anantharajah, 2025 ONCA 603, a defendant who never made a monetary offer faced a costs award reported to dwarf the plaintiff’s modest $16,160 recovery. The Court of Appeal’s message is plain: a reasonable offer, even a small one, is a vital tool for managing litigation risk.

Court of Appeal Upholds Nearly $1 Million in Costs Following Jury Trial in Pye v Di Trapani

Margaret Klassen May 13, 2025

An 18-day jury trial, a damages award just over $1 million, and a costs award of nearly the same amount: the defendants said the trial judge had failed to test the plaintiff’s costs for reasonableness and proportionality. In Pye v Di Trapani, 2025 ONCA 355, the Court of Appeal disagreed, reaffirming the broad discretion trial judges hold over costs and the powerful role a Rule 49 offer plays in the result.

Browse by practice area