Is a defendant or defendant by counterclaim success when one side seeks more than they initially sought?

The fact that both parties sought more than they were ultimately awarded is a common feature of litigation. Parties rarely ask for less in their prayers for relief than they think they are entitled to, and most claims are based on the parties’ highest hopes. That each is awarded less than they initially claimed is not usually a great victory for the other side, but an exercise in reality. A defendant or defendant by counterclaim’s success is generally not measured by what percentage of the other side’s claim they have reduced, but whether they have beaten an offer of judgment. This was noted by McIntyre J. In Lavallee v. Siksika Nation, 2011 ABQB 282.