What is the test for substantial contribution under section 498 of the Canadian Standards of Civil Procedure and Procedure Act?

Nova Scotia, Canada


The following excerpt is from Beadle v. Pictou Landing First Nation, 2013 NSSC 327 (CanLII):

The Court in Williamson v. Williams, 1998 NSCA 195 (CanLII), [1998] N.S.J. No. 498 (C.A), at paragraph 25, stated the following in relation to the meaning of “substantial contribution”: “In my view, a reasonable interpretation of this language suggests that a ‘substantial contribution’ not amounting to a complete indemnity must initially have been intended to mean more than fifty and less than one hundred percent of a lawyer’s reasonable bill for the services involved. A range for party and party costs between two-thirds and three-quarters of solicitor and client costs, objectively determined, might have seemed reasonable. There has been considerable slippage since 1989 because of escalating legal fees, and costs awards representing a much lower proportion of legal fees actually paid appear to have become standard and accepted practice in cases not involving misconduct or other special circumstances.”

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