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Court Rules Costs Stop Accruing When Offer is Made Not Accepted

Jennifer Therrien
November 2015 Kelly Santini LLP, Ontario

Milanovic v Le et al., 125 OR (3d) 758

This is a motion for costs brought by the Defendant pursuant to section 131(1) of the Courts of Justice Act 1990. The Defendant made an offer to settle on July 5, 2012. The Plaintiff accepted this offer on June 6, 2013, four days before the commencement of trial. The Defendant brought this motion for an order stating that costs were payable to the Plaintiff only to the date that their offer to settle was made. Conversely, the Plaintiff submitted that the costs should be payable until the offer was accepted. The difference between the parties’ positions amounted to approximately 11 months in costs.

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