What is the test for determining whether the claimant or the respondent was successful in proving and upholding most of the oral agreement?
British Columbia, Canada
The following excerpt is from Thomson v. Young, 2014 BCSC 799 (CanLII):
The claimant succeeded on only two issues, and on the issue of unfairness his success was only partial in its extent. He was unsuccessful on several issues. The respondent succeeded in proving and upholding most of the oral agreement, but certainly not all of it. She also failed in her attempt to show entitlement to spousal support. As I see it, neither party can properly be characterized as being “the successful party,” as that term has been defined in the case law since Fotheringham v. Fotheringham 2001 BCSC 1321. Moreover, to award any costs to either party would upset the judgment which I have made and which I consider to be just.
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