Is a claimant substantially successful in her claim for damages?
British Columbia, Canada
The following excerpt is from T.K. v. A.K., 2014 BCSC 2297 (CanLII):
The claimant argues that she was substantially successful, referencing authorities which discuss that concept: MacLean v. Mio, 2011 BCSC 148; Fotheringham v. Fotheringham, 2001 BCSC 1321. She says that when the issues are considered in terms of their significance in the litigation and how the success was divided, that she should be considered to be substantially successful and entitled to her costs.
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