Who is substantially successful in a long-term property dispute?

British Columbia, Canada


The following excerpt is from McKay v. Verbanac, 2016 BCSC 21 (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 will 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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