What is the test for a substantial success?

British Columbia, Canada


The following excerpt is from S.M.S. v. D.M.T., 2016 BCSC 339 (CanLII):

In Fotheringham v. Fotheringham, 2001 BCSC 1321, leave to appeal ref’d 2002 BCCA 454, the court set out a 4-step inquiry to determine substantial success which focuses on (1) determining the matters in dispute; (2) assessing the importance of those matters to the parties; (3) making a global determination of the matters in dispute to determine if a party was substantially successful; and (4) considering whether there are reasons to “otherwise order”.

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