What constitutes substantial success in a family law case?

British Columbia, Canada


The following excerpt is from G.G. v. M.A., 2014 BCSC 2074 (CanLII):

Many cases have considered what amounts to substantial success. The four-step approach to determine whether a party achieved substantial success suggested by Bouck J. in Fotheringham v. Fotheringham, 2001 BCSC 1321, is often applied in family law cases. This approach is summarized at para. 46: 1. First, by focusing on the “matters in dispute” at the trial. These may or may not include “issues” explicitly mentioned in the pleadings. 2. Second, by assessing the weight or importance of those “matters” to the parties. 3. Third, by doing a global determination with respect to all the matters in dispute and determining which party “substantially succeeded,” overall and therefore won the event. 4. Fourth, where one party “substantially succeeded,” a consideration of whether there are reasons to “otherwise order” that the winning party be deprived of his or her costs and each side then bear their own costs.

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