What are the costs of a plaintiff who was more successful on an overall global basis or on a global basis than on the primary issue?
Ontario, Canada
The following excerpt is from Marchal v. Mulloy, 2020 ONSC 6419 (CanLII):
Where the court concludes that success was divided, it may award costs to the party who was more successful on an overall global basis or on the primary issue, subject to adjustments that it considers appropriate having regard for the lack of success on secondary issues and any other factors relating to the litigation history of the case (Gomez-Pound v. Pound, [2009] O.J. No. 4161 (O.C.J.); Boland v. Boland, [2012] O.J. No. 1830 (O.C.J.)).
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