What is the test for "substantial success" under Rule 57 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Hodson & Hodson Construction Ltd. v. Harrison et al., 2005 BCSC 905 (CanLII):
In order to come within that subrule, it is incumbent upon a party to demonstrate that he has attained “substantial success” at trial: See Fotheringham v. Fotheringham, 2001 BCSC 1321. That may as well be more finely determined under Rule 57(15) that provides a basis to award costs in respect of particular issues assuming substantial success within that issue as opposed to an overall assessment of substantial success.
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