What is the definition of “substantial success” in the context of success for costs purposes?
British Columbia, Canada
The following excerpt is from McKay v. Verbanac, 2016 BCSC 21 (CanLII):
As noted in Gagne v. Sharpe, 2015 BCSC 154 at para. 22, “success for costs purposes has been defined as substantial success.” Thus, the ordinary rule is that costs are to be awarded to the party who was substantially successful at trial.
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