What is the test for a successful party to be successful in a claim?
Alberta, Canada
The following excerpt is from Kent v. Kent (Ellis), 2011 ABQB 611 (CanLII):
It would appear that a “successful party” need not succeed on every point. Rather, a finding of “substantial success”, based on a balanced assessment of the outcome and the nature of the final judgment, is sufficient: Mahe v. Boulianne, 2010 ABCA 74 at para. 6.
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