Offer to Settle (Form 14A) – Rules of the Small Claims Court Forms – Ontario Court Services
The Offer to Settle (Form 14A) is a standardized form used in the Ontario Superior Court of Justice, specifically within the Small Claims Court. It is governed by Ontario Regulation No. 258/98. This form allows one party to propose a settlement to another party involved in a legal dispute. This form is utilized to streamline the settlement process in small claims disputes, potentially avoiding prolonged litigation and fostering resolution between the parties. The form is available in both English and French and can be accessed online for convenience.
Filling out this form is a straightforward process, but it is important to ensure that all required information is accurately provided. Here is a step-by-step guide:
Court Information
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- Superior Court of Justice, Small Claims Court: This is pre-filled, but ensure the court address and phone number are included if required.
Claim Number
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- Claim No.: Write the claim number assigned to your case. This is a unique identifier for your case.
Parties Involved
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- Between: Fill in the names of the plaintiff(s) and defendant(s). These are the parties involved in the action.
- Plaintiff(s): Write the full name(s) of the plaintiff(s).
- Defendant(s): Write the full name(s) of the defendant(s).
Personal Details
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- My name is: Enter your full name.
- In this action, I am the: Specify your role in the case (plaintiff, defendant, or representative).
Settlement Proposal
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- I offer to settle this action against: Enter the name(s) of the party(ies) you are making the offer to.
- Terms of Settlement: Clearly outline the terms of the settlement in numbered paragraphs. Be specific and detailed about what you are offering or expecting in the settlement.
Acceptance Deadline
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- This offer to settle is available for acceptance until: Specify the date and time until which the offer is open for acceptance. This ensures the other party knows the timeframe they have to consider the offer.
Signature
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- Date: Write the date when you are signing the offer.
- Signature: Sign the form. If you are a representative, include your name, address, and phone number below the signature.
Additional Notes
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- Consequences of Acceptance and Non-Compliance: The form notes that if the offer is accepted and then not complied with, judgment may be obtained against the non-complying party. If the offer is not accepted, it should not be filed with the court or disclosed to the trial judge until liability and relief questions are determined.
Helpful Tips
- Attach Additional Sheets if Necessary: If the terms of the settlement are extensive, attach additional sheets and reference them in the main form.
- Keep Copies: Always keep copies of the completed form and any additional sheets for your records.
- Seek Legal Advice: If you are unsure about any part of the form or the terms you are proposing, consider seeking legal advice to ensure your offer is fair and legally sound.
By following these steps and ensuring accuracy in the information provided, you can effectively complete the Offer to Settle (Form 14A) and facilitate the settlement process in your Small Claims Court case.