The appellants made an offer to settle that was stated to be irrevocable until one minute after the commencement of trial.
Before the respondent accepted the offer, the appellants revoked it and made a new offer.
The respondent sought to enforce the original offer, and the motion judge granted the request, finding that Rule 49.04(1) was subject to the irrevocability provision.
The Court of Appeal allowed the appeal, holding that Rule 49 is a self-contained scheme and Rule 49.04(1) expressly permits an offer to settle to be withdrawn at any time before it is accepted, regardless of whether it is stated to be irrevocable.
