What is the test for determining whether the petitioners were simply successful in their application for an oppression remedy?
British Columbia, Canada
The following excerpt is from R.R.1 and D.R.1 v. S.[...] Ltd. et al., 2005 BCSC 257 (CanLII):
In the alternative, the petitioners submit that if they were not simply successful, because the oppression remedy was not granted, they were still successful overall and are entitled to costs based on the rule that costs follow the event. They acknowledge the use of the “degree of success” test set out in Rooney v. Chan (1992), 76 B.C.L.R. (2d) 186.
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