Form 14B- Acceptance of Offer to Settle

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 14B – Acceptance of Offer to Settle?

Form 14B is the Small Claims Court form you use to accept a written settlement offer. It confirms, on the court record, that you accept the exact terms in the other side’s offer. The form is part of the settlement process under the Small Claims Court Rules. It turns an offer to settle into a binding agreement that can be enforced.

You use Form 14A to make an offer to settle. You use Form 14B to accept an offer that was made to you. If you want to change any terms, you do not use Form 14B. Any change is a counter‑offer, not an acceptance. Counter‑offers are done with a new Form 14A.

Who typically uses this form?

Plaintiffs and defendants in Small Claims Court proceedings. That includes individuals, small businesses, corporations, contractors, consumers, and insurers. Licensed paralegals and lawyers also use it on behalf of clients.

Why would you need this form?

Because you want to end the lawsuit on agreed terms. It records your acceptance, lets you file proof of acceptance, and helps you get a court order that matches the settlement. It also reduces risk and cost. Small Claims Court encourages settlement. An accepted offer saves time and filing fees, and can avoid a trial.

Common usage scenarios

You sued a customer for an unpaid invoice of $7,800. The customer offers $6,800 plus $300 for costs, payable within 30 days, with a full and final release. You want to accept. You complete Form 14B, serve it on the customer, and file it. The case resolves on those terms. Or you are a defendant facing a claim for property damage. The plaintiff offers to settle for $3,000 paid in two instalments, and to dismiss the case after payment. You accept by filing Form 14B. If anyone later fails to perform, the accepted offer can be enforced as an order once filed properly.

Form 14B is straightforward, but the details matter. You must accept the exact offer. You must deliver acceptance before the offer expires or is withdrawn. You must serve and file it properly. Once accepted, you must perform the settlement terms. If the offer includes costs or interest, those amounts become part of the deal. If it sets a payment schedule, those dates bind you.

When Would You Use a Form 14B – Acceptance of Offer to Settle?

You use Form 14B when the other side serves you with a settlement offer in Form 14A and you want to accept the offer as written. Timing is important. You should act before any expiry date in the offer. You must accept before the offer is withdrawn. You should accept before the court disposes of the claim. After a final order, acceptance is no longer possible.

Practical examples help. You are a self‑employed contractor. A homeowner sues you for $5,500, claiming unfinished work. You dispute the claim, but trial is two months away. The homeowner offers to settle for $1,500 and a mutual release. You accept with Form 14B to avoid trial costs and time away from work. Or you are a consumer who sued a retailer for a defective appliance. The retailer offers a refund and pickup, plus your filing fee. You accept by Form 14B, and you both avoid a hearing.

Businesses use it to manage cash flow and risk. A wholesaler faces a $10,000 claim. They offer $7,000, payable in 10 days, without admission of liability. The plaintiff accepts using Form 14B. The case ends, and both sides avoid the uncertainty of trial.

Defendants often use Form 14B to lock in certainty. You fear an adverse judgment higher than the offer amount. Accepting a reasonable offer protects you. Plaintiffs may also accept when proof issues arise or witnesses become unavailable. Accepting a fair offer can be smarter than pushing for a perfect outcome.

You may also use it during trial. Offers can be accepted until the judge makes a final decision, unless the offer sets an earlier deadline or is withdrawn. In practice, parties often settle on the morning of trial. You can accept then, file the acceptance, and ask the court to endorse the settlement on the record.

If you are a litigation guardian for a minor or a person under disability, you may accept an offer, but court approval will be required before the settlement becomes binding. Build that into your timing. If a corporation is the party, an authorized officer or agent signs the acceptance.

Legal Characteristics of the Form 14B – Acceptance of Offer to Settle

Is it legally binding? Yes. An offer to settle (Form 14A) and an acceptance (Form 14B) create a binding settlement contract when acceptance is delivered in time and without change. That contract rests on basic principles: clear offer, clear acceptance, consideration, and intention to create legal relations. Consideration is the exchange of promises to end the lawsuit on agreed terms.

What ensures enforceability? First, the offer must be open when you accept. If it includes an expiry date, you must accept before that date. If the other side withdraws the offer in writing before you accept, you cannot accept it. Second, the acceptance must mirror the offer. You cannot add terms or reserve rights. Any change is a counter-offer. Third, service matters. You must serve the acceptance on the party who made the offer using a permitted method. Fourth, you should file the acceptance with proof of service. Filing puts the court on notice and allows the court to make an order consistent with the settlement.

The Small Claims Court Rules support settlement. An accepted offer can lead to judgment or an order in the terms offered, or to a dismissal on consent, depending on the offer language. If the offer says the action will be dismissed without costs upon payment, the court can dismiss the case once payment is confirmed. If the offer provides for a money judgment, the court can issue judgment accordingly. If the offer sets a payment schedule, the court can reflect that schedule in the order or note terms of settlement.

The court expects clarity. Offers should state who pays what, the timeline, any interest or costs, and what happens after payment. If an accepted offer is vague, you may need a motion to clarify or to enforce. Vague or uncertain terms can lead to disputes. Avoid ambiguity. If you are the acceptor, you accept the risk of unclear terms. Read the offer carefully.

Costs are a legal consideration. Some offers include a specific costs amount. Others are “plus costs to be assessed” or “inclusive of costs and interest.” When you accept, you accept that costs treatment. If costs are left open, the court may fix them later within Small Claims limits. Offers and acceptances can also affect cost awards if the case does not settle and proceeds to trial, but once you accept, the case should end on the agreed terms.

Capacity and authority also matter. You must have legal capacity to settle. If you are a minor or a person under disability, a litigation guardian must act and court approval is required. If you represent a corporation, you must be authorized to settle. If a licensed representative signs for a client, they must have authority to do so. Settlements reached without authority can be set aside.

Duress, misrepresentation, or illegality can undermine enforcement. The court will not enforce a settlement obtained by coercion or based on material misrepresentation. That is rare in Small Claims, but it is a safeguard. The safest path is to take time to understand the offer, ask questions, and get advice if needed before you accept.

Finally, remember that acceptance is all‑or‑nothing. You cannot accept only some parts. If you need a change, ask the other side to amend the offer or send a new offer. Do not write conditions or edits onto Form 14B. That would void the acceptance.

How to Fill Out a Form 14B – Acceptance of Offer to Settle

Follow these steps. Take your time and check each detail. Keep sentences and dates exact.

Step 1: Gather what you need.

• The offer to settle (Form 14A) you received.
• The court file number.
• The full names of all parties as shown on the claim.
• The courthouse location for your case.
• Contact details for service and filing.
• If you are an agent, your license or Law Society number.

Step 2: Complete the court header.

• At the top, write the court name: Superior Court of Justice – Small Claims Court.
• Write the court address if the form provides space.
• Insert the court file number exactly as on your claim and defence.
• Add the style of cause. Write “Plaintiff” and “Defendant” names exactly as on the pleadings. Include any “cob” or “o/a” trade names if they appear in the claim.

Accuracy in the header ensures the clerk can match your acceptance to the right file.

Step 3: Identify the accepting party.

• State your full name as the party accepting.
• If you accept on behalf of a corporation, include the corporate name and your title. Example: “ABC Widgets Inc., by Jane Doe, Authorized Officer.”
• If you are a licensed representative, add your name and your client’s name. Example: “John Smith, Paralegal for the Defendant, XYZ Co.”

This confirms who is binding themselves to the settlement.

Step 4: Identify the offer you are accepting.

• Write the date of the offer you are accepting. Use the same date shown on Form 14A.
• Name the party who made the offer. Example: “I accept the Offer to Settle dated March 1, 2025, made by the Plaintiff, Maria Lopez.”
• If you received multiple offers, specify which one you accept by date. Only one offer can be accepted.

This avoids confusion if there are several offers in the file.

Step 5: Confirm full acceptance.

• Use clear, unconditional language. State that you accept the offer as written and with all its terms.
• Do not add any conditions, edits, or notes. Do not write “subject to” or “provided that.” Any change makes it a counter-offer and not an acceptance.

A proper acceptance mirrors the offer. Keep it clean.

Step 6: Attach the offer as a schedule.

• Attach a copy of the exact Form 14A you are accepting. Label it “Schedule A – Offer to Settle dated [date].”
• If the offer includes terms on costs, interest, or releases, ensure those pages are included.
• If the offer refers to attachments (for example, a payment schedule or a draft release), attach those too.

Attaching the offer reduces the chance of dispute and helps the court issue an order in those terms.

Step 7: Add service details.

• State how you will serve the acceptance. Identify the person and address for service for the offering party or their representative.
• Use a permitted method. Personal service, courier, mail, or email if the other side has consented to email service or has provided an email as an address for service. If your case is on an online filing platform, follow its service rules.
• After you serve, prepare proof of service. Complete an affidavit of service form, or obtain confirmation of electronic delivery as required by the Rules.

Service makes the acceptance effective. File proof with the court.

Step 8: Sign and date.

• Sign the form. Print your name below the signature.
• Date the form. Use the same date you will serve it, if possible.
• Fill in your address for service, phone, and email. If you are a licensed representative, include your license number.
• If you act for a corporation or another person, include your authority (for example, “Authorized Officer” or “Lawyer for the Defendant”).

Unsigned or undated forms can be rejected. Sign in ink if filing paper copies.

Step 9: Serve the acceptance.

• Serve the signed Form 14B and the attached offer on the party who made the offer, or on their representative of record.
• Serve before any expiry time set in the offer. If the offer expires at 5:00 p.m. on a date, serve before that time.
• If you are close to a deadline, use a faster method like email (with consent) or personal service.

Keep a record of the method, time, and person served. You will need it for proof of service.

Step 10: File with the court.

• File the signed Form 14B, a copy of the offer, and your proof of service with the Small Claims Court where your case is filed.
• If the offer asks the court to issue a consent judgment or to dismiss the action, ask the clerk about the next step. The court may issue an order in writing. Some offices require a short request letter or endorsement draft.
• If the offer includes a payment schedule, confirm how the court will record it. The order can reflect the schedule, or you can file terms of settlement alongside.

Filing protects both sides. It places the settlement on the record and enables court enforcement if needed.

Step 11: Follow through on terms.

• Calendar payment dates and any deadlines for releases or dismissals.
• If you must sign a release, do it promptly. If the offer requires delivery of goods or documents, arrange logistics.
• If payment will be made to a trust account, confirm details in writing. Keep receipts and confirmations.

Performance on time prevents enforcement steps and closes the case smoothly.

Special situations to consider:

• Multiple parties. If the offer is made to or by several parties, check if it is a joint offer or a several offer. A joint offer usually needs acceptance by all offerees. A several offer can be accepted by one party independently. Your acceptance must align with the offer’s structure. If in doubt, seek clarification before accepting.

• Minors and persons under disability. Court approval is required for any settlement. File your acceptance, then bring the necessary approval materials. The settlement is not final until the court approves it.

• Offers with conditions. Some offers include conditions precedent, such as board approval for a corporation, or proof of financing. Acceptance is still proper, but the condition must be satisfied for the settlement to become fully effective. Track and satisfy the condition within the time stated.

• Confidentiality and releases. Many offers require a mutual release and confidentiality. Read those carefully. If you agree to confidentiality, limit who receives settlement terms. The court will still have a record of your acceptance, but you can usually avoid filing the release itself if the order does not require it.

• Tax and reporting. If the settlement includes refunds, credits, or HST adjustments, confirm the amounts and invoicing. Add clarity in a side letter if needed, but do not change the accepted terms unless both sides agree to a revised offer.

Common pitfalls and how to avoid them:

• Late acceptance. If you miss the expiry or the offer is withdrawn, you cannot accept it. Solution: accept early. If you need more time, ask the other side to extend the offer in writing.

• Adding edits. Writing changes on Form 14B invalidates acceptance. Solution: accept as is, or negotiate a new offer.

• Wrong file number or party names. The clerk might not match your document. Solution: copy names and numbers directly from the claim.

• Service to the wrong address. Acceptance is not effective if not properly served. Solution: confirm the current address for service from the last court document filed by the offering party.

• Unclear payment instructions. Delays happen when no method is agreed. Solution: if the offer is silent, confirm payment method in writing after acceptance without changing any core terms.

How the court concludes the case after acceptance:

• If the offer calls for a consent judgment, the court issues judgment in those terms after you file the acceptance and the offer. You can then enforce if the debtor does not pay.

• If the offer calls for dismissal after payment, the case remains open until payment clears. Once paid, file a notice confirming payment and ask the court to dismiss as set out in the offer. Some offers obligate the plaintiff to file the dismissal. Calendar that step.

• If the offer includes a payment schedule, the order can reflect the schedule. If the debtor defaults, you can enforce for the unpaid balance according to the order.

Remember: once accepted, the settlement replaces your claim or defence on those issues. You cannot continue to trial on settled items. If the other side breaches the settlement, your remedy is to enforce the settlement or seek an order on its terms, not to revive the old claim unless the settlement expressly allows it after default.

If you need to document non‑monetary terms (repairs, returns, or performance), make sure the offer spells out who does what and by when. Your acceptance will lock those terms in. Clear terms reduce the risk of later motions.

Finally, keep a complete file. Save the offer, your acceptance, proof of service, and any resulting order. If you accepted a payment plan, set reminders before each due date. If a deadline is missed, you can act quickly with the court record already in place.

Legal Terms You Might Encounter

Offer to settle means a written proposal to end the case on specific terms. It sets out what each side will do, such as payment amounts, deadlines, and whether costs are included. Form 14B tells the court you accept that offer as written.

Acceptance means you agree to the exact terms of the offer. You do not change any words. When you file Form 14B, you confirm that complete acceptance. If you try to change terms, that is not acceptance.

Counteroffer means a reply that changes any term of the offer. A changed amount, a new deadline, or added costs are counteroffers. A counteroffer ends the original offer. Form 14B is not for counteroffers. Use it only when you accept as is.

All-inclusive means the amount covers everything. That includes the claim, interest, and costs. If the offer is all-inclusive, Form 14B should state that. Do not expect extra costs later.

Costs are partial compensation for your legal time and expenses. Offers can be plus costs or all-inclusive. Read the offer carefully. Your Form 14B should match the wording on costs.

Interest can include prejudgment and postjudgment interest. Some offers include interest up to a date. Others are silent or all-inclusive. Your acceptance confirms the offer’s interest terms. Do not add interest if the offer does not allow it.

Without prejudice means the offer cannot be used against you if you do not accept. It protects settlement talks. Once you accept with Form 14B, the accepted terms become binding.

Service means giving court documents to the other side in an approved way. After you complete Form 14B, you must serve it. Keep proof of service, such as an affidavit or delivery record.

Discontinuance means you end your claim after settlement. Some offers require you to discontinue. Others require a consent judgment instead. Confirm what the offer requires before you file Form 14B.

Consent to judgment means both sides agree the court can issue a judgment for the settlement amount. It can help with enforcement if payments fail. If the offer requires consent to judgment, your Form 14B should reflect that.

FAQs

Do you have to use Form 14B to accept an offer?

Yes. Use Form 14B to tell the court you accept an offer to settle. It creates a clear record and aligns the court file with your settlement. Do not rely on an email alone.

Do you pay a fee to file Form 14B?

Usually, you do not pay a fee to file this acceptance. Check current court practices to be sure. If you file other documents, fees may apply.

Do you have to accept by a deadline?

Yes. Most offers set a deadline for acceptance. If you miss it, the offer may expire. Read the expiry date and time carefully. File and serve your acceptance before it lapses.

Do you have to attend court after accepting the offer?

Often, no. Settlement can remove the need for a hearing. Still, check your next court date. If a hearing is booked, tell the court you settled. File any required follow-up documents.

Do both sides need to sign Form 14B?

You sign Form 14B as the accepting party. You do not need the other side’s signature on this form. However, both parties must sign any separate settlement agreement if required.

Do you still get costs after accepting an offer?

Only if the offer says so. If the offer is all-inclusive, you will not get extra costs. If it says “plus costs,” you can seek costs in the way the offer sets out.

Can you accept part of an offer and fight the rest?

Not with this form. Form 14B records full acceptance of the offer. If you want a partial settlement, negotiate a separate written agreement that says so.

Do you need to discontinue or request judgment after acceptance?

Follow the offer’s terms. Some offers require you to discontinue the claim. Others require a consent judgment. If the offer is silent, confirm with the other side how to close the file.

Checklist: Before, During, and After

Before signing

• Court file details: file number, court location, and case title.
• The offer: full text, date sent, expiry date, and version.
• Payment terms: amount, due dates, method, and installments.
• Costs and interest: whether included or payable on top.
• Enforcement terms: consent to judgment or security, if any.
• Releases or conditions: any attached documents you must sign.
• Outstanding dates: next court event or deadlines you must cancel.
• Service details: addresses and emails for all parties.
• Proof of service: plan how you will document service.
• Internal approvals: confirm authority to settle on the stated terms.

During signing

• Names: match legal names of all parties to the court file.
• File number and court location: match your claim exactly.
• Offer details: insert the offer date and exact terms correctly.
• All-inclusive vs plus costs: check the correct box or statement.
• Payment timelines: list dates and amounts with no ambiguity.
• Method of payment: cheque, e-transfer, or other method stated.
• Conditions: note releases, discontinuance, or consent judgment.
• Attachments: include the full offer and any schedules, if needed.
• Signature and date: sign in the correct spot and date the form.
• Contact information: include current address, phone, and email.
• Page count: number pages and confirm nothing is missing or blank.

After signing

• File the form: submit to the correct court office promptly.
• Serve all parties: deliver a filed or date-stamped copy as required.
• Keep proof: retain affidavits, receipts, or email delivery records.
• Calendar deadlines: payment dates, release signing, and follow-ups.
• Implement payment: send or receive funds per the method agreed.
• Close the case: file a discontinuance or consent to judgment if required.
• Cancel hearings: notify the court that settlement resolves the matter.
• Store records: keep the offer, Form 14B, and proof of service together.
• Monitor compliance: track payments and conditions until complete.
• Escalate if needed: if default occurs, follow the enforcement pathway allowed.

Common Mistakes to Avoid

Don’t accept an expired offer. If you file after expiry, the other side can say it is too late. You may lose the settlement and face cost risk for any wasted steps.

Don’t change the offer terms in your acceptance. Adding costs, new dates, or new conditions creates a counteroffer. That cancels the original offer and leaves you without a deal.

Don’t ignore “all-inclusive” language. If the offer is all-inclusive, you cannot later claim extra costs or interest. Make sure the amount covers everything you expect.

Don’t forget to match names and the file number. Wrong party names or an incorrect file number can cause delays. The court may reject or misfile your document.

Don’t skip service or proof of service. If you do not serve the filed form, the other side can deny notice. That can delay closing the file or enforcement.

Don’t leave payment details vague. Missing due dates or method of payment invites disputes. Clear terms make collection simple and enforceable.

What to Do After Filling Out the Form

File your signed Form 14B with the correct court office. Do this before the offer’s expiry. Ask for a stamped copy for your records.

Serve the filed form on every party. Use an approved method. Keep proof of service. If you use email, save the sent message and any read receipts.

Confirm next steps from the offer. If it requires a discontinuance, prepare and file that document after the settlement conditions are met. If it requires a consent judgment, file the agreed judgment terms and any supporting materials.

Implement the payment plan. If you must pay, send funds by the method and date stated. If you expect payment, provide any required details, such as account or mailing information, in writing.

Handle releases or conditions. If the offer requires a release, sign and return it promptly. If the release is mutual, confirm both sides sign. Do not delay payment if the offer ties payment to a signed release.

Update the court calendar. If a hearing is scheduled, notify the court and the other side that the case has settled. Ask to vacate the date once all documents are in.

Monitor compliance. Track each payment due date. Confirm when funds clear. Send reminders before deadlines. Document all exchanges.

Close your file. After final payment, complete any required final steps in the offer. File any notice that the case is resolved. Store a complete record, including the offer, Form 14B, proof of service, payment confirmations, and any final court endorsements.

If you spot an error in your filed form, act fast. Contact the other side to confirm the correction. File an amended acceptance or a short confirming letter, if appropriate. Keep the record clear and consistent.

If the other side defaults on payment, check the settlement terms. If you have consent to judgment, file it and enforce as allowed. If you must first give notice of default, do that in writing. Follow each step in the order and timeline set out in the offer.

If you need to amend the settlement, put the change in writing. Have both sides sign. File a brief update with the court so the file matches the new terms.