How have courts interpreted subrule on a claim of substantially successful and/or substantially successful in a personal injury action?
British Columbia, Canada
The following excerpt is from Ghuman v ICBC, 2019 BCSC 1380 (CanLII):
In The Owners, Strata Plan VR 390 v. Harvey, 2014 BCSC 2580, Justice Gray had occasion to interpret this subrule. In that case each party claimed to have been substantially successful and sought special costs against the other. The petitioner relied primarily on the respondent’s breach of a court order, and the respondent relied primarily upon the impropriety of some aspects of the petitioner’s affidavit.
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