No Obligation to Make Offer to Settle

In Smith v. Kane, 2020 ONSC 4814, Justice Gans stated that there is no obligation on a litigant to make an offer to settle.

Justice Gans relied on a previous decision which indicated that it would be “an error in law to deny costs to a successful defendant because of a failure to make a pre-trial offer to settle”.

However, hardship, impecuniosity, and tragic circumstances are proper considerations when determining costs.