What is divided success in a family law case?

Ontario, Canada


The following excerpt is from G.T.C. v. S.M.G., 2020 ONCJ 580 (CanLII):

[12] Divided success does not equate with equal success. It requires a comparative analysis. Most family cases have multiple issues. They are not equally important, time-consuming or expensive to determine. See: Jackson v. Mayerle, 2016 ONSC 1556, paragraph 66.

[13] The determination of whether success was truly divided does not simply involve adding up the number of issues and running a mathematical tally of which party won more of them. See: Thompson v. Drummond, 2018 ONSC 4762.

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