Supreme Court Rules 1987

(1) An offer of compromise may be served at any time before the time prescribed by subrule (8) for the claim to which it relates.

(2) A party may serve more than one offer of compromise.

(3) An offer of compromise may be expressed to be limited as to the time the offer is open to be accepted after service on the party to whom it is made, but the time expressed must not be less than 28 days after service.

(4) A party on whom an offer of compromise is served must, within 3 days after service, serve a written acknowledgment of service on the party serving the offer.

(5) A party on whom an offer of compromise is served may accept the offer by serving written notice of acceptance on the party who made the offer before the first of the following occurs:

(a) the expiration of the period for which the offer is expressed to be open under subrule (3) or, if no time is specified, the expiration of 28 days after service of the offer; or

(b) the time prescribed by subrule (8) in respect of the claim to which the offer relates.

(6) An offer of compromise cannot be withdrawn during the time it is open to be accepted.

(7) An offer (the first offer) is open to be accepted within the period mentioned in subrule (5) even if during that period the party on whom the first offer is served makes an offer (the second offer) to the party who made the first offer, whether or not the second offer is made in accordance with this Part.

(8) For subrules (1) and (5), the time prescribed is the time when the arbitrator:

(a) has made decisions on all questions of liability and the relief to be granted in respect of the claim to which the offer relates; and

(b) has communicated the decisions to one or more of the parties.