What is the test for substantial success in a personal injury case?
British Columbia, Canada
The following excerpt is from J.E.H. v. P.L.H., 2014 BCSC 125 (CanLII):
The onus is on the unsuccessful litigant to persuade the court to exercise its discretion to depart from the usual rule of “substantial success”: MacLean v. Mio, 2011 BCSC 148 at para. 39.
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