What constitutes “substantial success” in a personal injury action?

British Columbia, Canada


The following excerpt is from S.D.H. v. T.H., 2016 BCSC 780 (CanLII):

The determination of what constitutes “success” or “substantial success” was discussed by Mr. Justice Bouck in Fotheringham v. Fotheringham, 2001 BCSC 1321 [Fotheringham] as involving a four step inquiry: … (1) focus on the matters in dispute at trial which may or may not include issues explicitly mentioned in the pleadings; (2) assess the weight or importance of those matters to the parties; (3) conduct a global determination with respect to the matters in issue and determine which party substantially succeeded overall; (4) if one party substantially succeeded, consider whether there are reasons to deprive the winning party of costs.

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