1. Purpose: what this process aims to do
A written offer proposes terms to resolve some or all issues. Acceptance may avoid a contested hearing. Even if it is refused, a qualifying offer can affect a later decision about costs.Check: Family Law Rules — Rule 18
What it can and cannot do
What it can and cannot do: An accepted offer can resolve specified claims and lead to a recorded agreement or order. An unanswered or rejected offer does not itself change an order. Its potential costs effect depends on Rule 24’s conditions and the later result; there is no guaranteed costs award.Check: Family Law Rules — 24
2. Forms and documents you need
| Document | When you need it | What to include |
|---|---|---|
| Signed written offer | To propose settlement of all or some claims. | Exact terms, dates for performance, costs proposal and any acceptance deadline. Rule 18 has no numbered offer form. |
| Form 6B — Affidavit of ServiceCheck: Official family forms — Form 6B — Affidavit of Service | Where service proof is needed. | Keep the signed offer and dated proof of its service. |
| Written acceptance | If accepting an open offer. | Serve acceptance under Rule 18; follow the rule to record the agreement and obtain an order if needed. |
Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 18
3. Put the package together
How to prepare
If the other party accepts, you may settle an issue without a contested hearing and avoid the costs of taking that issue further. If they decline and the hearing goes ahead, the court can consider the offer when deciding who pays costs. An offer does not guarantee that either party will recover costs or avoid paying them.Check: Family Law Rules — Rule 18
Rule 24 has a specific potential costs consequence when an offer meets its conditions and the person who made it gets an order as favourable as or more favourable than the offer. For a motion, that includes making the offer at least one day before the motion date; for a trial or another hearing, at least seven days before. The offer must remain open through the start of the hearing and must not have been accepted. The court can order otherwise. Read Rule 24(12) ↗ for all the conditions.Check: Family Law Rules — 24, 24(12)
Start with the decision you want to resolve
Consider which claims are actually in dispute: for example, a parenting schedule, support, or a particular issue on a motion. An offer can cover some claims without settling the entire case. Think through whether the terms would work in practice, especially for the children involved. You can make an offer at any time, even before a case starts.Check: Family Law Rules — Rule 18
Make and serve an offer
- Write the proposed terms clearly.Identify the parties, the issues covered, exactly what each person would do, and when. Say whether the offer addresses costs. If you want a deadline for accepting, state it clearly. Check any existing orders and the relief you are asking the court to decide.Check: Family Law Rules — Rule 18
- Sign the offer personally.Under Rule 18(4), the person making the offer signs it; their licensed representative also signs if they have one. Rule 18 does not require a self-represented person to have an offer commissioned or notarized.Check: Family Law Rules — 18(4), 18
Where are the page and evidence limits?
Rule 18 does not set an offer page limit. The motion affidavit and conference brief limits do not govern the offer itself. Write terms that are clear enough to accept, and keep the offer out of the merits record except where the rules allow.Check: Family Law Rules — 18
4. Get it before the court
An offer is served on the other party; you do not book a judge just to make one. Keep it out of the merits record except where the rules permit disclosure. If accepted, follow Rule 18 to record the agreement and, if needed, seek a consent order under Rule 25(1). Any already scheduled hearing still needs to be dealt with.Check: Family Law Rules — Rules 18 and 25(1)
File the documents through the right channel
Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18
Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33
5. Service, filing and the timeline
The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 18
- Any time before or during a case.Write clear terms, sign the offer under Rule 18, serve it on the other party, and keep a dated copy and proof of service. State an acceptance deadline if you intend one.Check: Family Law Rules — 18
- For the Rule 24(12) costs consequence.An offer relating to a motion must be made at least one day before the motion; for a trial or another hearing, at least seven days before. It must remain open through the start of the hearing, among other conditions.Check: Family Law Rules — 24(12)
- After a response.If accepted, follow Rule 18’s steps to record the agreement or seek an order. If not accepted, preserve the offer and service record for any later costs request. A withdrawal must be served before acceptance.Check: Family Law Rules — 18
A written offer does not automatically decide costs. Check Rules 18 and 24, and keep the offer away from the merits judge except where the rules permit disclosure. Check the current Family Law Rules ↗Check: Family Law Rules — Rule 18
Carry out the document and delivery steps
- Serve it on the other party.Use a method permitted by the Family Law Rules ↗ and any order in your case. Keep a dated copy and proof of service. An Affidavit of Service (Form 6B) is evidence of service when needed; it is not the offer itself.Check: Family Law Rules — Rule 18
- Keep track of what happens next.Review any response or counteroffer carefully. An offer may be withdrawn by serving a notice of withdrawal before acceptance. If an offer is accepted, Rule 18 sets out the steps for recording the agreement and seeking an order if necessary.Check: Family Law Rules — 18
6. Hot points to remember
Hot points to remember
- Keep it away from the judge deciding the issues.Rule 18 limits disclosure of the offer in the continuing record and to the judge before the issues are decided, apart from costs. Check the rule’s exceptions and any directions for a particular kind of hearing.Check: Family Law Rules — 18
- A rejected offer can affect costs.Compare the eventual order with what was offered. The timing and other conditions in Rule 24 matter; winning a motion alone does not automatically establish the offer-related costs consequence. The court also considers written offers when setting a reasonable amount of costs.Check: Family Law Rules — 24
- Check whether an offer is still open.Read its deadline and any withdrawal notice. Rule 18 also limits acceptance once the court has begun to give its decision on the claim covered by the offer.Check: Family Law Rules — 18
- Be precise about costs.If the offer leaves costs unresolved, accepting the other terms may not settle the costs question. Say what you propose about costs rather than assuming silence resolves it.Check: Family Law Rules — Rule 18
Offers at later conferences
The general Rule 18 confidentiality rule has conference exceptions. A settlement conference is meant to explore settlement, and an offer to settle all outstanding claims is required for a Superior Court trial management conference under Rule 17 and the provincial practice direction. Follow the court’s directions for those conference materials. The provincial direction says not to place offers in the Trial Record.Check: Family Law Rules — 18, 17
Rule 17 conference documents ↗ · Provincial trial management direction ↗Check: Family Law Rules — 17
Before using this guide
This is general Ontario legal information, with an Ottawa Superior Court focus. It is not a model offer or advice about what terms to propose. Review the current rules, orders, and local directions for your case. For a safety concern or a complicated parenting or financial proposal, consider getting legal advice before signing.
Recommended rules to read
Start with the rules that fit this step. Read the conditional ones only if they apply to your case.
- Offers to settle (Rule 18) — the offer procedure.
- Costs (Rule 24) — how costs may matter.
- Serving documents (Rule 6) — deliver the offer correctly.
- Counting deadlines (Rule 3) — check any date in your offer or order.