Is a substantial winner at trial entitled to costs if they did not achieve all that they sought?

British Columbia, Canada


The following excerpt is from M.J.S. v. L.S., 2001 BCSC 1360 (CanLII):

A litigant is not to be deprived of costs if they did not achieve all that they sought. Whoever was the “substantial winner” at trial, will be entitled to costs. (See Newman v. Newman, [1993] B.C.J. No. 2037 Q.L. (B.C.C.A.) at para.27-30).

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