Does a party need to succeed on a range of issues to be considered substantially successful?
British Columbia, Canada
The following excerpt is from Buss v. Meichsner, 2015 BCSC 1914 (CanLII):
Moreover, a party need not succeed on all issues, nor must the party be awarded the full quantum of relief sought to be considered substantially successful: Gagne at paras. 27 and 29. For example, a party may be considered successful despite an award of damages less than what had been asked for (see Nicholls v. Columbia Taping Tools Ltd., 2014 BCSC 1428) and therefore still be entitled to costs.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the issues costs for a party who is substantially successful on a discrete issue or issue? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is considered substantial success when it comes to calculating the proportion of substantial success? (British Columbia, Canada)
What are the consequences of a party's success rate when it is not substantially successful? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
Does Rule 16-1(7) mean that only one party has been "substantially successful" in a case involving multiple issues? (British Columbia, Canada)
Does the Court have jurisdiction to award costs for substantial success based on substantial success? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
What is the criteria for a successful party to be successful on multiple issues throughout? (British Columbia, Canada)
How have courts interpreted subrule on a claim of substantially successful and/or substantially successful in a personal injury action? (British Columbia, Canada)
