What is considered substantial success when it comes to calculating the proportion of substantial success?

British Columbia, Canada


The following excerpt is from Gould v. Royal Trust Corp. of Canada, 2010 BCSC 16 (CanLII):

In Fotheringham v. Fotheringham, 2001 BCSC 1321, Bouck J. held at para. 45: ... The words “substantial success” are not defined. For want of a better measure, since success, a passing grade, is around 50% or better, substantial success is about 75% or better. That does not mean a court must descend into a meticulous mathematical examination of the matters in dispute and assign a percentage to each matter. Rather, it is meant to serve as a rough and ready guide would look at all the dispute matters globally.

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