Source: Ontario Small Claims Court - A Practical Guide (2011). p. 221 Bottom.
§11.16 Of course, the Rules Committee had various options open to it in the event the offer to settle failed to speak to costs. [1.] One option would be to let the parties bear their own costs. If the defendant were self-represented, he would probably take for granted that each side would assume his own costs. This would not be an unreasonable assumption.
§11.17 [2.] A second option would be always to give costs to the party accepting the offer, whether he be plaintiff or defendant. I think that that accepting party would be rather surprised but nevertheless grateful if that were the normal rule.` [3.] A third option would be to give costs to the offering party in all cases, regardless of whether he were plaintiff or defendant. But that entitle-
p. 222 Top
ment to costs would be rather unfair to the unsuspecting accepting party,
who would argue that a failure on the part of the offering party to specify costs is his fault. The offering party should not be able to capitalize on his own mistake.
I don't understand the gray. 1. How'd such an offering party fail
to specify costs?
- How's this
failure (on the part of the offering party to specify costs)be
his fault? What's his