How is substantial success determined when the parties are involved in a dispute?
British Columbia, Canada
The following excerpt is from BNSF Railway Company v Teck Metals Ltd., 2021 BCSC 1559 (CanLII):
In Gagne v. Sharpe, 2015 BCSC 154, Mr. Justice McKenzie held that substantial success was determined by looking at the matters in dispute between the parties, assessing their importance to the parties, and doing a global determination of which party succeeded overall.
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