Form 14C – Notice of Withdrawal of Offer to Settle

Jurisdiction: Country: Canada | Province or State: Ontario

What is a 14C – Notice of Withdrawal of Offer to Settle Form?

You use Form 14C to formally cancel a settlement offer you made in a Small Claims Court case. The form tells the other party, and the court, that your offer is no longer open. After you serve and file this notice, the other party cannot accept that offer anymore.

An “offer to settle” is a written proposal to end the claim on specific terms. In Small Claims Court, offers sit under special rules. These rules can affect who pays costs after trial. Form 14C manages those rules by putting a clear end date on your offer.

When you change your strategy, change your numbers, or spot a problem in your offer, you use 14C. It keeps the record clean. It avoids confusion about which offers are open. It also protects you from costs risks linked to an old offer.

Who Typically Uses This Form?

Both sides use this form. Plaintiffs and defendants do. So do insurers with authority to settle. So do lawyers and licensed paralegals acting for a party. Self‑represented litigants use it often.

If you made an offer under the Small Claims Court rules, you can withdraw that offer. You do not need the other side’s consent. You only need to act before they accept. Form 14C is the way to do it.

Why Would You Need This Form?

You need the form when you want to take an offer off the table. That includes when:

• New facts or documents change your valuation.
• You want to replace the offer with a new one.
• Your offer had an error or unclear term.
• Trial is close and your risk position changed.
• You no longer want costs consequences tied to an old offer.
• You made multiple offers and only one should remain open.

Using the form creates a dated, served record. That record matters for costs later. It avoids disputes about timing and effectiveness.

Typical Usage Scenarios

You learn the defendant has assets you did not know about. Your earlier discount no longer makes sense. You withdraw your $4,000 offer and prepare a new number.

You are the defendant. You offered $3,500 last month. The plaintiff just produced an expert report that hurts your position. You need to rethink. You withdraw the offer to prevent a last‑minute acceptance.

You made two offers to two defendants. One defendant settles. You withdraw the unused offer to the other defendant and issue a fresh “global” offer.

You included the wrong interest start date in your offer. Rather than risk confusion, you withdraw the offer and issue a corrected one.

You are days from trial. You no longer want costs exposure if your old offer is compared to the judgment. You withdraw it to limit risk.

When Would You Use a 14C – Notice of Withdrawal of Offer to Settle Form?

You use Form 14C any time before the other side accepts your offer. Timing is crucial. Once acceptance happens, you cannot unilaterally withdraw. If acceptance and withdrawal cross paths, the court will look at service and timing. Deemed service rules may decide who was first. Do not delay.

You also use the form when you plan to issue a new offer. You do not have to withdraw to issue a new one. Yet, withdrawing first avoids confusion about which offer is live. It also prevents the other side from choosing between multiple open offers.

You may use it when trial is near. Offers can carry costs consequences. If you think a judgment will land close to your old offer, you may want the offer off the record. Withdrawing removes those potential consequences from that date forward.

You may use it in multi‑party cases. If you made a “several” offer to one defendant, that offer should not affect another defendant. If your strategy shifts toward a “global” offer, withdraw the several offer first. Then serve a new global offer to all parties.

You may use it after a settlement in principle. You reached a handshake deal with different terms. Your earlier written offer should not linger in the background. Withdraw it so the file reflects the new agreement only.

You may use it when you change representatives. Your new lawyer or paralegal may reassess risk and numbers. They may advise that the old offer no longer matches your position. Withdraw and reset.

Typical users include small business owners suing for unpaid invoices. Contractors with deficiency claims. Consumers with warranty disputes. Landlords or tenants with money claims after a tenancy ends. Motor vehicle owners with property damage claims. Defendants in any of these cases. Insurers defending subrogated or indemnity claims. All of them benefit from clear offer control.

Legal Characteristics of the 14C – Notice of Withdrawal of Offer to Settle Form

A withdrawal notice is a procedural step. It is legally effective if you serve it before the other side accepts the offer. An offer to settle is a standing invitation to form a binding settlement. You can revoke that invitation any time before acceptance. The withdrawal ends the offer’s legal effect going forward.

The notice itself does not settle anything. It does not concede liability. It does not change pleadings. It only ends one specific offer. If there are other offers, those remain open unless you withdraw them as well. That is why clarity in the notice matters.

Enforceability rests on three pillars. First, proper identification of the offer withdrawn. Reference the date and, if needed, the key terms. Second, proper service on all parties who received the offer. Third, timely proof of service filed with the court. If you plan to rely on costs issues, the court needs a clear record.

Withdrawn offers do not usually carry costs consequences. Costs consequences flow from offers that were open, properly served, and not withdrawn at the relevant times. If you want those benefits, keep your offer open. If you fear those risks, withdraw it. The timing of your withdrawal may affect any later costs analysis.

Confidentiality rules still apply. Judges should not see offers or withdrawals before they decide the merits. These documents come into play only when the court deals with costs. Handle filing in a way that keeps the merits judge from seeing the content too soon. Keep offer materials separate from evidence.

Service rules matter to effectiveness. Personal service is immediate. Other methods have deemed service times. A withdrawal sent by a slower method may arrive after an acceptance sent earlier. That can defeat the withdrawal. Choose a service method that gives you confidence about timing. Keep proof.

Partial withdrawal is allowed. You can withdraw certain terms or withdraw as to certain parties. If you do, state the scope in plain terms. If there is any doubt, a court may interpret the narrower path. Better to draft with exact detail.

Authority also matters. If you are a representative, ensure you have authority to withdraw. If you are insured, align with your insurer’s rights and obligations. If you act without authority, you may trigger disputes or costs exposure.

Finally, the form does not require reasons. You may choose to say nothing about why you withdraw. That is often best. Keep the notice factual and procedural. Save your rationale for negotiation or trial strategy, not the form.

How to Fill Out a 14C – Notice of Withdrawal of Offer to Settle Form

Follow these steps. Use clear, complete, and consistent details on all pages. Print or type neatly. Keep sentences short and terms exact.

1) Identify the court and file

• At the top, write: Superior Court of Justice – Small Claims Court.
• Enter the court address where your case is filed.
• Enter the court file number exactly as shown on prior documents.
• Check that your file number matches on every page.

2) Name the parties

• List the full legal names of all plaintiffs and defendants.
• Use the same order and spelling as in the claim and defence.
• Include any operating names in brackets if used earlier.
• If there are multiple defendants, list them all.

3) Identify yourself and your role

• State whether you are the plaintiff or the defendant.
• If you are a representative, state your name and firm.
• Provide your address for service, phone, and email.
• If you are a licensed representative, include your licence number.

4) Reference the offer you are withdrawing

• State: “I withdraw my offer to settle dated [date].”
• Name the party or parties to whom the offer was made.
• If more than one offer shares the same date, add a short descriptor.
• Example: “the $5,000 plus costs offer dated March 3, 2025.”

5) State the scope of withdrawal

• Choose full or partial withdrawal.
• For full withdrawal, write: “This withdrawal applies to the entire offer.”
• For partial withdrawal, list exactly what is withdrawn.
• Example: “This withdrawal applies to Defendant B only.”
• Example: “This withdrawal removes paragraph 3 (costs cap) only.”

6) Confirm timing

• Add: “This withdrawal is effective on service.”
• You can also add the calendar date you sign the form.
• Do not set a retroactive date. The effect depends on the service.

7) Keep costs language neutral

• You do not need to mention costs and consequences.
• Avoid commentary or argument in the form.
• If you want to signal that a new offer will follow, do that in a separate document.

8) Sign and date

• Sign the notice.
• Print your name under the signature.
• Add your role (Plaintiff/Defendant, Lawyer/Paralegal).
• Date the signature.

9) Prepare any schedule (if needed)

• Use a short schedule for partial withdrawals with details.
• Example items: specific terms, parties, claims, or file numbers.
• Label the schedule “Schedule A to Form 14C.”
• Keep the schedule concise and unambiguous.

10) Serve the notice

• Serve every party who received the original offer.
• Use a method allowed by the Small Claims Court rules.
• Consider speed. Personal service or confirmed same‑day delivery is safest.
• Note time of service and who served it.

11) Prepare proof of service

• Complete an affidavit of service for the notice and any schedule.
• State the method, date, time, and address or email used.
• Identify the person served and their role.
• Have the affidavit commissioned as required.

12) File the notice and proof

• File the signed notice and the affidavit of service with the court.
• File at the same court location where the case is pending.
• Keep copies of everything you file.
• If electronic filing is available, follow the portal’s steps.

13) Preserve confidentiality

• Do not attach the notice to materials the trial judge will see before judgment.
• Keep offer documents separate from evidence and argument on the merits.
• If you deliver binders, place offer materials in a separate section for costs only.

14) Update your negotiation plan

• If you intend to make a new offer, prepare it after withdrawal.
• Give the new offer its own clear date and terms.
• Serve the new offer properly as a fresh document.

Practical example: You are the plaintiff contractor. You offered $6,000 plus disbursements, no interest. You then discover extra remedial costs. You decide the claim is worth $8,500. You complete Form 14C naming yourself as plaintiff. You reference your March 1 offer to the defendant homeowner. You state the withdrawal is full. You sign and date. You serve by personal service at the address for service on the defence. You complete an affidavit of service. You file both documents with the court. The next day, you draft and serve a fresh offer for $8,500 plus costs.

Another example: You are the defendant retailer. You issued two offers months apart. The plaintiff ignores them. Trial is next week. You want to reduce costs risk. You withdraw the older offer only. In the form, you reference the older offer’s date and summary. You say the withdrawal applies to that offer alone. You serve and file. Your second offer remains open. If the plaintiff accepts the second offer before trial, you settle. If not, the court will assess costs without the older offer in play after the withdrawal date.

Common mistakes to avoid:

• Do not try to withdraw after acceptance. That is too late.
• Do not serve only the lawyer if the rules require service on the party. Follow the address for service on file.
• Do not forget to serve all defendants who received the offer.
• Do not use vague terms like “previous offer.” State the date.
• Do not include reasons or negotiation statements. Keep it factual.
• Do not delay filing proof of service. Create the court record promptly.
• Do not assume email service is valid without consent or prior use. Confirm permission or use a permitted method.
• Do not mix the notice with evidence or submissions to the trial judge.

If you issued multiple related offers, consider a schedule that lists them. Example: “This notice withdraws the offers dated January 10 and February 15 as to Defendant A only.” Clear lists prevent later disputes.

If your original offer had an acceptance deadline that has passed, you can still file a withdrawal. It confirms there is no open offer. That helps avoid later arguments about whether the offer stayed open for a “reasonable time.” The withdrawal draws a hard line.

If the other side tries to accept after your withdrawal, point them to your service proof. Timing controls. Your affidavit and any delivery confirmations will settle most disputes. If service timing is close, the court will apply deemed service rules. This is why service method choice matters.

Keep your file tidy. Store:

• A signed copy of Form 14C.
• The affidavit of service with exhibits.
• Delivery confirmations.
• Notes of service time and method.
• Any related correspondence.

Finally, plan the next step. Withdrawing an offer is not the end of negotiations. It is a reset. Decide whether to make a new offer now, wait for new information, or proceed to trial. Align your decision with your costs strategy and evidence.

Legal Terms You Might Encounter

An offer to settle is a written proposal to end your case on set terms. Your 14C tells the court and the other side you no longer stand by that offer. You identify the offer by its date and any file details. You do not restate the terms.

Withdrawal means you are taking your offer back before it is accepted. Your 14C makes the withdrawal clear and dated. It prevents the other side from accepting the withdrawn offer later.

Acceptance is the other side’s written agreement to your offer. If acceptance happens before your withdrawal, a binding settlement likely exists. A later 14C does not undo that. Your 14C only works if the offer was still open.

Counteroffer is a response with different terms. A counteroffer usually ends the original offer. If the other side sent a counteroffer, your original offer may already be off the table. Your 14C removes doubt by confirming withdrawal.

Without prejudice labels settlement communications. It keeps judges from seeing offers before the court decides costs. Your 14C relates to settlement negotiations. Keep it with your settlement materials and separate from trial materials.

Service is how you deliver documents to the other parties. Your 14C must be served properly. Use an approved method for your case. Keep proof of service.

Filing is adding documents to the court file. You file your 14C with the same court where your claim runs. Follow local filing options and timelines. Keep a stamped copy.

Costs are partial compensation for legal expenses. Settlement offers can affect cost awards. Your 14C can shape the timeline the court considers for costs. It shows when your offer stopped being available.

Expiry is a deadline inside an offer. After expiry, the offer cannot be accepted. If your offer had an expiry date, a 14C confirms it is not open. If no expiry date was set, your 14C ends it now.

Party means any plaintiff or defendant in the case. A representative is a licensed representative or agent acting for a party. The person with authority must sign the 14C. Use the exact party names from the court file.

FAQs

Do you need the other party’s consent to withdraw your offer?

No. You can withdraw before acceptance. Serve your 14C and file it. Do it promptly to avoid confusion.

Do you need to file the 14C with the court or only serve it?

Do both. Serve all other parties. Then file your 14C with the same court office for your case. Include proof of service when you file.

Do you need to withdraw an offer that has already expired?

Not strictly, because an expired offer cannot be accepted. Still, filing a 14C can prevent disputes about whether the offer was open. It creates a clear record.

Do you need to withdraw an offer if you sent a new, different offer?

Usually a new offer ends the old one if it is a counteroffer. Still, use a 14C to withdraw any earlier offer you no longer intend to keep open. This avoids arguments about which offer applies.

Do you need to withdraw an offer that was accepted?

No. If the other side accepted before your withdrawal, a settlement likely exists. A 14C does not undo a settlement. You would deal with enforcement or any challenge through other steps.

Do you pay a fee to file the 14C?

Often there is no fee for this filing. Check current practice at your court office. Ask when you file to confirm.

Do you have to use the exact form or can you write a letter?

Use the court’s form. It captures the required details in a clear way. It also helps the clerk process your filing without delay.

Do you need to serve every party or only the one who received your offer?

Serve every party of record. Serve counsel or representatives if they act for a party. This keeps the entire case file consistent.

Do you need to attach a copy of the offer to your 14C?

Do not attach the terms unless directed. Identify the offer by its date and the parties. Keep the offer and 14C together in your records.

Can you send a new offer after you file a 14C?

Yes. You can make a new offer at any time, unless restricted by a court order. Make the new offer clear and dated.

Can the judge see your 14C before trial?

Judges should not see settlement materials before deciding the case. The court may review offers and withdrawals when deciding costs after judgment. Keep settlement documents separate from trial materials.

How do you prove when the offer was withdrawn?

Your best proof is the served 14C with a date and time-stamped filing. Keep your service proof to show when delivery occurred.

Checklist: Before, During, and After

Before signing

• Your court file number, court location, and case title.
• The exact date of the offer you are withdrawing.
• Copies of all settlement offers exchanged.
• Proof of any acceptance, expiry, or counteroffer.
• The full service list with names, roles, and addresses for service.
• Your authority to sign (party, representative, or lawyer).
• The preferred service method allowed in your case.
• A plan for filing: in person, by mail, or electronically where allowed.
• Time sensitivity: confirm the offer is still open and unaccepted.
• A blank certificate of service or equivalent proof method.

During signing

• Confirm the file number and court location are correct.
• Match party names exactly to the court file.
• Identify the offer by date and parties clearly.
• State that you withdraw the offer effective the date of service.
• Sign in the correct capacity with printed name and contact details.
• Date the form.
• Review legibility and completeness.
• Number all pages if more than one.
• Add the full service list on the form or an attached page.
• Prepare the same version for all parties.

After signing

• Serve every party or their representative using an approved method.
• Record the date, time, and method of each service.
• File the signed 14C with the court where the case is filed.
• Include proof of service with your filing if required.
• Keep a stamped copy for your records.
• Email or write a short confirmation to the other side if helpful.
• Update your negotiation plan. Consider sending a new offer if you wish.
• Calendar key dates. Note when the offer ended.
• Store the 14C and the underlying offer together.
• Bring your service proof to any costs or settlement discussions.

Common Mistakes to Avoid

Withdrawing after acceptance

• If the other side accepted before you withdrew, a settlement likely exists.
• Don’t forget to confirm status before sending your 14C.
• Consequence: you may face enforcement or a motion to enforce settlement.

Misidentifying the offer

• With multiple offers, the wrong date creates confusion.
• Don’t forget to double-check the offer date and parties.
• Consequence: disputes about which offer is withdrawn, increased costs.

Serving only one party

• Everyone on the case needs notice.
• Don’t forget to serve all parties or their representatives.
• Consequence: the court file is incomplete, and acceptance risk lingers.

Not filing with the court

• Service alone may leave the court unaware.
• Don’t forget to file promptly after service.
• Consequence: the record is unclear, causing delay in cost issues.

Combining withdrawal with new terms

• Do not edit the old offer on the 14C.
• Don’t forget: withdraw first, then send a separate new offer.
• Consequence: ambiguity that can trigger motions and higher costs.

What to Do After Filling Out the Form

Serve the 14C on all parties. Use an approved delivery method. Note the method and time for each person or representative.

File the 14C with the same court where your case is pending. Include your proof of service if required. Ask the clerk to stamp your copy.

Confirm receipt. If service was by email or courier, request acknowledgment. Keep delivery confirmations with your file.

Update your case plan. Decide if you want to make a new offer. If yes, send a fresh, dated offer as a separate document. Do not reuse the withdrawn offer.

Prepare for settlement or trial steps. Ensure your trial materials exclude settlement documents. Keep offers and the 14C in a separate settlement folder.

Monitor costs implications. The 14C defines when the old offer stopped being available. Bring your 14C and service proof to any costs hearing or discussion.

Correct any errors quickly. If you spot a typo or wrong date, prepare a corrected 14C. Serve and file the corrected version. Note that a correction does not revive an offer.

Maintain a clean record. Store the signed 14C, service proofs, and the original offer together. Keep copies of any confirmation from other parties. Track all dates in your calendar.

Consider timing for a new offer. A well-timed offer can narrow issues. Send it only after you confirm the old offer is fully withdrawn.

Stay consistent in communications. Use the same party names and file number in all documents. This reduces clerk queries and processing delays.