Guides · reviewed 2026-09-04

The Offer to Settle (Form 14A) and the double-costs rule

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

An Offer to Settle is a written offer to end the case on set terms. You can make one at any time. If the other side refuses your offer and you do as well at trial or better, the court can award up to double costs.

How the costs rule works

  • Plaintiff: the judgment is as favourable as your offer, or more favourable. The court can award up to twice the costs of the action, other than disbursements.
  • Defendant: the judgment is as favourable to the plaintiff as your offer, or less favourable. The court can award you up to twice the costs a successful party could get, from the date you served the offer.
  • Self-represented and the rule applies to you? The court can add up to $1,500 for inconvenience and expense.
  • Conditions: the offer was served at least 7 days before the trial, was not withdrawn, and did not expire before the trial.
  • The 15% costs cap in the Courts of Justice Act applies to costs awards in this court. How it interacts with a doubled award depends on the case. Get advice.

What to do

  1. Decide the real number you can accept. Do this before the settlement conference.
  2. Fill in Form 14A. State the full terms: the amount, who pays, and by what date. Set an expiry date only if you want one.
  3. Serve the offer on the other party. Keep proof of service.
  4. Do not file an unaccepted offer. Nobody tells the trial judge about it until liability and the amount are decided.
  5. For the costs effect, serve the offer at least 7 days before the trial date.
  6. After the judgment, show the judge the offer and ask for double costs.

To withdraw or accept an offer

  • You can withdraw an offer at any time before it is accepted, with a notice of withdrawal (Form 14C).
  • The other side accepts with an acceptance (Form 14B) served on you, at any time before withdrawal or before the court decides the claim.
  • If the accepted offer says nothing about costs, the plaintiff gets disbursements. They run to the date of the defendant's offer, or to the acceptance of the plaintiff's offer.
  • If the other side does not honour the accepted offer, you can ask the court for judgment on its terms, or continue the case.
  • An accepted offer that is filed also stops the 2-year dismissal clock.

An example

You claim $20,000. You serve an offer for $15,000, 3 weeks before trial. The defendant refuses. The judgment is $17,000. You beat your offer. The court can double your costs, and can add up to $1,500 if you are self-represented.

Deadlines and fees

  • An offer costs $0. You serve it; you do not file it.
  • Serve at least 7 days before trial for the costs effect.
  • No acceptance after the court decides the claim.

Common mistakes

  • Do not file an unaccepted offer, and do not show it to the trial judge.
  • Offer only terms you truly accept. The other side can say yes.
  • Do not serve the offer 6 days before trial. The costs effect needs 7.
  • Do not lose the proof of service. You must prove the offer and its date at the costs stage.

When to get a lawyer

Get legal advice to set the offer amount in a hard case. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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