The respondents, GMD Canavas Holdings Inc. and Decora Building Restoration Limited, moved to enforce an Offer to Settle dated May 3, 2016, which the applicant, 1435970 Ontario Inc., had accepted.
The applicant contended its acceptance was void due to a misunderstanding regarding RDI Construction Company Ltd. vacating its premises.
The court found that a miscommunication between the applicant and its counsel did not invalidate the acceptance, especially since the applicant itself was aware RDI had not vacated.
Furthermore, the Offer's terms did not premise on RDI vacating.
The motion to enforce the Offer to Settle was granted, and the applicant was ordered to pay costs to the respondents.