What is the test for being a “substantially successful” claimant?

British Columbia, Canada


The following excerpt is from P.K.N. v. D.S.N., 2015 BCSC 1689 (CanLII):

At trial, there was mixed success. The claimant was substantially successful in the parenting issues, succeeded in obtaining an order for spousal support, and succeeded in obtaining a declaration that two financial assets were “family assets” under the Family Relations Act, but was not successful in her claim that Lot 16, the only substantial asset which could have qualified as a family asset, be deemed to be a family asset . The claimant did have more success than the respondent at trial, likely sufficient success to be deemed being “substantially successful”: See Fotheringham v. Fotheringham, 2001 BCSC 1321, [2001] B.C.W.L.D. 1099.

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