In Aschenbrenner, Metzger J. in determining whether to award costs to the successful party, applied the four part test stated by Bouck J. in Fotheringham v. Fotheringham, 2001 BCSC 1321 at para. 46: 1. First, by focusing on the "matters in dispute" at trial. These may or may not include "issues" explicitly mentioned in the pleadings. 2. Second, by assessing the weight or importance of those "matters" to the parties. 3. Third, by doing a global determination with respect to all the matters in dispute and determining which party "substantially succeeded," overall and therefore won the event. 4. Fourth, where one party "substantially succeeded," a consideration of whether there are reasons to "otherwise order" that the winning party be deprived of his or her costs and each side then bear their own costs. …
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