Does the Court have jurisdiction to award costs for substantial success based on substantial success?
British Columbia, Canada
The following excerpt is from S.M.S. v. D.M.T., 2016 BCSC 339 (CanLII):
There are some decisions that have held that, having found neither party entitled to costs based on substantial success, there is no jurisdiction to award costs under this rule: See, for example, de Bruijn v. de Bruijn, 2012 BCSC 444 at para. 11.
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