95Disclosure of offer to Tribunal or arbitrator

95 Disclosure of offer to Tribunal or arbitrator

95 Disclosure of offer to Tribunal or arbitrator

(1) No statement of the fact that an offer has been made may be contained in any pleading or affidavit.

(2) If an offer is not accepted, no communication with respect to the offer may be made to the Tribunal at the trial or, as the case may require, to the arbitrator.

(3) Despite subclause (2), an offer may be disclosed to the Tribunal or, as the case may require, to the arbitrator—

(a) if a notice of offer provides that the offer is not made without prejudice, or

(b) to the extent necessary to enable the offer to be taken into account for the purpose of determining an amount of interest up to judgment, or

(c) after all questions of liability and relief have been determined, to the extent necessary to determine questions as to costs.