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Answered in 3 minutes by:
2/20/2012
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedTom Bulmer :
Hello.
Tom Bulmer :
The other offer is setting you up just as you tried to set them up.
Tom Bulmer :
The concept is trying to tell the court that each side was being reasonable.
Tom Bulmer :
You want to be reasonable and the other side wants to show reasonable as well. Each trying to look reasonable.
Tom Bulmer :
Have you had a case conference yet?
Customer: No.
Tom Bulmer :
That is where cool minds may come together.
Customer: My question was about procedure though. Can there be TWO offers to settle or must the first one be dealt with?
Tom Bulmer :
No. Any offer is just that. I offer you to buy my car and I never hear from you then I can assume you are not interested. They have made an offer and you have not accepted then you are not interested.
Tom Bulmer :
There can be two unaccepted offers.
Customer: Interesting.
Tom Bulmer :
I have no idea what this is about but in BC you have to go to a case conference and a judge will attempt at an agreement.
Tom Bulmer :
The judge cannot make an order unless the parties agree except on procedural matters like sharing information.
Tom Bulmer :
But, a judge can make statements to encourage settlement which is the whole idea.
Customer: Yes the case conference is set. July. I'm surprised about the TWO offers to settle though. All the wording in the instructions seems to indicate that the other party needs to respond to the particular offer. Sounds kind of childish to ignore and send their own offer.
Tom Bulmer :
Oh yes. No response...no acceptance.
Tom Bulmer :
We are left with people suggesting a resolution and no one accepting so there is no agreement.
Customer: We have literally offsetting claims on a construction project. We're the homeowners who had to fire the construction company for mismanagement and poor work. We held back 10%. Never paid them. We've ended up with repair bills to their work in excess of what the holdback was. Our offer was to settle at a zero net. Their offer was that we pay them 20k. Both of us had small claims at 25k.
Tom Bulmer :
Probably the judge at the conference will shake fingers at you both. But, the judge cannot make an order for anyone to pay anything without consent.
Customer: The mediator was shaking fingers at them. Not us. (without predjudice) I'm not sure why you'd say both of us? Im only questioning your comment for perspective? Perhaps im missing something? We're out of pocket for far more than what they think they are owed for poor work.
Tom Bulmer :
I cannot comment on your case. I have no information about it and I am only supposed to give general advice. My comment is in experience that if there are two offers to settle, the judge is probably going to send you both into a hallway.
Tom Bulmer :
You can take the issue to trial if you wish. You never have to settle.
Customer: Doesnt make sense. Sorry. An offer is an offer. The second one seems childish and petty. Thanks.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
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