What is the definition of a successful party?
British Columbia, Canada
The following excerpt is from Kennedy v. Kennedy, 2014 BCSC 902 (CanLII):
The definition of “the successful party” continues to be that set out by Mr. Justice Bouck in Fotheringham v. Fotheringham 2001 BCSC 1321. It is apparent from paras. 45, 46 and 60 of that decision, that “substantial success” will be achieved when, on application of an objective test, one party has succeeded to the degree of 75% or more, on all of the issues that were contested (assessed globally), having regard to the relative importance to the parties of each of the disputed issues.
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