What is the test to determine whether a party has been "substantially successful" in its claim for damages?
British Columbia, Canada
The following excerpt is from Andermatt v. Tahmasebpour, 2015 BCSC 1743 (CanLII):
In determining whether costs should follow the event, the court must consider whether one party has been "substantially successful", which requires an objective comparison of the relief granted and the results obtained by the parties with the submissions made at trial: Fotheringham v. Fotheringham, 2001 BCSC 1321 at paras. 28, 60.
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