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A counter-offer in a family law dispute terminates the ability to accept a non-Rule 18 compliant offer to settle under common law principles.
In this family law motion for summary judgment, the respondent father sought a declaration and final order enforcing an alleged binding settlement agreement based on a letter offer sent by the applicant mother in November 2022.
The applicant cross-moved for summary judgment, arguing no binding settlement existed.
The court found that the letter offer was not available for acceptance because: (1) the respondent's counter-offer in December 2022 terminated the original offer under common law contract principles; (2) the letter offer was implicitly time-limited; (3) the letter offer was incomplete, lacking express child support provisions; (4) the applicant had withdrawn the offer through subsequent correspondence; and (5) the respondent attempted to impose additional material terms less favourable to the applicant.
The court dismissed the respondent's motion and granted summary judgment to the applicant, finding no genuine issue requiring trial.
The court condemned the parties' serial motions as an abuse of process and ordered the husband to provide outstanding financial disclosure for a business valuation.
The Respondent brought a motion seeking extensive financial disclosure and orders regarding life insurance policies from the Applicant.
The Applicant filed a cross-motion for disclosure and other relief.
The court characterized the parties' litigation as a "train wreck" due to serial motions and non-compliance with disclosure, deeming it an abuse of process.
The judge ordered the Applicant to comply with previous disclosure orders and specific requests from the Respondent's business valuator within 30 days.
All other scheduled motions were vacated, and the parties were directed to a case conference to manage the matter towards a trial.
Summary judgment to enforce alleged family law settlement dismissed due to lack of final agreement.
The applicant husband brought a motion for summary judgment to enforce an alleged final settlement agreement reached during a four-way meeting.
The respondent wife opposed the motion, arguing no final agreement was reached.
The court reviewed three different draft documents and noted significant discrepancies regarding essential terms such as child support, section seven expenses, life insurance, and pension division.
The court concluded there was no meeting of the minds and dismissed the motion for summary judgment, further finding that the issues were too complex for a mini-trial.