Written mid trial offers to settle may be considered in awarding costs

Rule 49(13) allows the Court to consider offers in writing made at any time.  The decision in Piresferreira v. Ayotte, 2010 ONCA 607 illustrates the use of that subRule by the Court in the context of an offer made midtrial :

 

 

[3]              We also take into consideration the appellants’ offer to settle the action.  On March 7, 2008, before the commencement of trial, the appellants made a rule 49 offer to settle the action for $80,000 in damages to the respondent, Piresferreira.  They later offered $200,000 in damages and $100,000 for costs.  This offer was made on April 1, 2008 at a settlement conference on the eighth day of a twelve-day trial.  The appellants put that offer in writing on May 21, 2008, after completion of the trial.