Canada RSCC-14A-E - Ontario 2014-2024 free printable template
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Welcome everyone this is armored mush stock from you counsel today well cover rule 49 of the Rules of Civil Procedure in Ontario in our lecture this particular rule deals with offered to settle in a proceeding it has very specific implications with respect to the cost award in the outcome of your case, so it is a very important rule to consider and use strategically in your proceedings we begin with our disclaimer that this lecture is not legal advice so if you have any specific questions regarding your case you should contact a lawyer or a paralegal or contact the Law Society of Ontario for a referral if you do not know a lawyer or a paralegal now settlement of a proceeding can take place at any time from the commencement of your court action to its judgment, so parties can agree to settle the case at any point they can make offers to settle and resolve their dispute bilaterally at any stage in the court action I have been involved in cases where we have actually resolved and settled cases once the trial had begun and in fact we were three days into the trial that the parties at least agreed to settle their case you can also settle your case once the trial is concluded as long as a judgment is not issued, so you can come to a resolution and then settle your case and our judicial system our course encourage settlements just statistically its worth noting that over 90 I believe over 95 of civil cases in Ontario do settle prior to going to trial so its it's a large proportion of cases the majority of cases that do settle without actually going to trial and when parties make reasonable offers to settle and the other party does not accept it there are consequences of not accepting the offers to settle so the purpose of all you know all of these efforts or encouragement to settle the cases is because once parties settle the case they have the power and to craft the settlement they have the control over the outcome of their dispute but once that dispute is handed over to a judge then the judge is going to decide in one parties favor and so its kind of win or lose situation and also once the case is to be decided by a judge the parties lose complete control over the outcome because it is the judge who will decide what whose parties case is meritorious and then rule in that parties favor, so parties are always encouraged to consider settlement options and Rules of Civil Procedure are designed to encourage the parties to make settlements and also there are consequences if parties are not accepting reasonable offers to settle there are three types of cost award which I've mentioned in our previous lecture, but I will briefly go over here again one is full indemnity which is extremely rare full indemnity means that you are successful in your case, and you're asking the court to award full cost that you have incurred 100 and make the other party pay your cost which is extremely rare most commonly the court Awards partial indemnity which is about 30 to 50...
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