What is the test for determining whether a claimant achieved substantial success in a family law case?
British Columbia, Canada
The following excerpt is from de Bruijn v. de Bruijn, 2012 BCSC 444 (CanLII):
Supreme Court Family Rule 16-1(7) provides: “Subject to subrule (9), costs of a family law case must be awarded to the successful party unless the court otherwise orders.” It follows that costs should normally be awarded to the party who “substantially succeeds” in the litigation: Fotheringham v. Fotheringham, 2001 BCSC 1321 [Fotheringham]. I therefore begin by considering whether the claimant achieved substantial success in these proceedings.
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