What are the costs of appeal costs for the claimant in a case that has been divided between success and success?
Saskatchewan, Canada
The following excerpt is from Rygus v. Zawitkowski (No. 2), 1928 CanLII 258 (SK CA):
I think the principle referred to in Elliot v. Rokeby (Lord), supra, should be applied in this case, and, as success was divided, no costs of appeal should be awarded to either party. The judgment should be varied accordingly. The claimant should have the costs of the application.
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