Who is the substantially successful party in a personal injury matter?
British Columbia, Canada
The following excerpt is from Buss v. Meichsner, 2015 BCSC 1914 (CanLII):
Where there are multiple issues or sub-issues, and each party is successful on some of the matters in dispute, who is the substantially successful party may be less clear. In Fotheringham v. Fotheringham, 2001 BCSC 1321 at para. 45, Bouck J. explains that in these cases, substantial success must be determined “by the trial judge looking at the various matters in dispute and weighing their relative importance.”
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