Canada Law
Ask a Canada Law Question, Get an Answer ASAP!
Connect one-on-one with {0} who will answer your question
Answered in 3 days by:
1/30/2010
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,163
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedRuby, you won't be able to file it with the court until you've served all the parties anyway. If you're not a party to the action, then you don't have the specific right to file anything independently; if that's the case then have the party you are supporting serve it and file it as their evidence and (alternate) plan of care of their own.
Does this help?
Ulysses
You are encouraged by the rules to make offers to settle. However, offers must not get into the court file for obvious reasons. If you offer your ex $500 a month in spousal support, for example, because she's claiming $1000 a month, you don't want the judge to know you made that offer because you can still argue that you pay nothing. You don't want the judge to know that you are essentially willing to pay $500.
So make your offer, and make sure to put "without prejudice" at the top of the page in bold letters. This means that it can't be filed and it can't be considered evidence. If the offer is accepted it will be the basis for minutes of settlement that lead to an order. If the offer is rejected, then it doesn't get filed. You can make offers for interim or final orders, on some or all of the outstanding issues. Put an expiry date on the offer.
After a trial (or motion) the judge will ask if there were offers to settle. The judge looks at them then to see if someone made an offer that the other side should have accepted. The judge takes this into account in deciding if costs should be awarded.
So the answer to your question is "neither". You send it, and if it's accepted then it gets filed.
Good luck
Ulysses
Please accept this answer so that I may receive credit for the time and attention I've given your matter. A bonus and/or positive feedback is greatly appreciated if you're satisfied with my service.
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,163
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedUlysses101 and 87 other Canada Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Canada Law Questions
If I received a formal offer to settle for 2 issues, is it
If I received a formal offer to settle for 2 issues, is it possible to accept settlement of one issue and not the other? … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I am wondering how to amend an application for judicial
I am wondering how to amend an application for judicial review in Ontario divisional court, to add respondents. Is there a prescribed format, or a form to fill out? … read more
ALLawyer
Lawyer
J.D.
331 satisfied customers
Can I request that in a closed mediation over custody issues
Can I request that in a closed mediation over custody issues my ex and I do not bring in lawyers to the mediation sessions? What if my ex refuses? … read more
TamarF
Lawyer/Law Coach
Juris Doctor
38 satisfied customers
hi, i am trying to assist my brother who has been charged with
hi, i am trying to assist my brother who has been charged with sexual interference. he does not qualify for legal aid, Lawyers pro Bono just got back to him and said their are no clinics in his area (… read more
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Hello, Im preparing an "offer to settle" in advance of
Hello, I'm preparing an "offer to settle" in advance of my settlement conference. The offer to settle will basically be a "parenting Plan". Here is the question and related: 1. Should i be making this… read more
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Hi Debra, Im back. I would need your assistance further.
Hi Debra, I'm back. I would need your assistance further. I have a Settlement Conference/Trial Management Conference Combined Scheduled for June 3rd 2013 and i'm feeling pretty overwhelmed to say the … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I have received a Formal Offer To Settle (matrimonial assets)
I have received a Formal Offer To Settle (matrimonial assets) from my ex-wife's lawyer in Edmonton. It gives me two months to respond. How do I know this a valid offer to settle? It is not stamped by … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Debra Thal, Have another question for you. I have found
Debra Thal, or another available expert. Have another question for you. I have found that her offer to settle/agreement states that "Each acknowledge that they are not under any undue influence or dur… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Merger by public co. v. Shell Co. 5 defendants being sued
Merger by public co. v. Shell Co. 5 defendants being sued in Ontario Civil S.C. (3 personal 2 corporations) Employment litigation –(US parent common employer) 1 corporate Defendant - Parent co, locate… read more
D.A.M.
Principal Attorney
Doctoral Degree
2,755 satisfied customers
As i mentioned in my last session i was my spouses lawyer
As i mentioned in my last session i was my spouse's lawyer had faxed a letter saying that they are in process of preparing a counter offer but they are going to deliver me with an application. I did n… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Im in Canada. I am a pro se plaintiff suing 2 defendants
I'm in Canada. I am a pro se plaintiff suing 2 defendants jointly and severally for the tort of negligence. Suppose I am claiming an amount = $100,000. I don't really know how to apportion the blame i… read more
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
Hi Debra, I have resigned myself to self-representation for
Hi Debra, I have resigned myself to self-representation for a long list of reasons, not least of all your comments re: the pros, which prompted a re-review of past answers. Now to the present: My wife… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Just read about A groundbreaking report prepared by Sir David
Just read about: A groundbreaking report prepared by Sir David Clementi in 2004 and approved by British Prime Minister Tony Blair's government in October 2005 recommended eliminating many…distinctions… read more
Mark MacDonald
Barrister & Solicitor
Bachelor
164 satisfied customers
I am preparing an offer to settle with my wife to settle our
I am preparing an offer to settle with my wife to settle our divorce, custody and support issues. If she declines the offer I intend to move for custody, a reduction in support and shared custody base… read more
D.A.M.
Principal Attorney
Doctoral Degree
2,755 satisfied customers
Re Repayment of $23,000 Due to various actions against
Re: Repayment of $23,000 Due to various actions against (bus name left out) and Mr. ( Left out) we have been directed to collect on all outstanding debts in an effort to appease various creditors. On … read more
Flagbridge-CDN
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
my daughter has custody of her 2yr old daughter,biological ...
my daughter has custody of her 2yr old daughter,biological father signed off june06-they got back together July06-after his restraining order was complete from domestic he was charged with assault wit… read more
CanLawyer
Lawyer, mediator
Juris Doctor
276 satisfied customers
I am suing a party for defamation, the originating ...
I am suing a party for defamation, the originating notice was inter partes. I have served interrogatories on a third party who has failed to answer the interrogatories. I am making an application for … read more
Flagbridge-CDN
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
My fiance passed from heart attack last week.. He lives in ...
My fiance passed from heart attack last week.. He lives in nova scotia canada, i am in california. We were planning marriage July 6 2008. I was not notified by family until 7 days passed. Im saddened … read more
Flagbridge-CDN
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
Canada
This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
Halifax, NS
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
LawyerProfessor
Lawyer
838 satisfied customers
Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
Debra
Lawyer
95,455 satisfied customers
Lawyer
Daniel Freudman
Lawyer
3,178 satisfied customers
Lawyer
ToLawyer
Lawyer
3,082 satisfied customers
Lawyer
JJL11
Lawyer
1,432 satisfied customers
Licensed to Practice law in Ontario for over 25 years.
Jeremie John Martin
Lawyer
1,300 satisfied customers
I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
Counsel Creed
Lawyer
859 satisfied customers
associate at GTA law firm
< Previous | Next >
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
