What is considered a "substantial success" in a personal injury case?
British Columbia, Canada
The following excerpt is from Connor Estate, 2017 BCSC 1341 (CanLII):
Success has been equated to "substantial success". In Fotheringham v. Fotheringham, 2001 BCSC 1321, the court held that, as a rule of thumb, substantial success occurs when the prevailing party succeeds on 75% of the matters in dispute, considered globally.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
How have courts interpreted subrule on a claim of substantially successful and/or substantially successful in a personal injury action? (British Columbia, Canada)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
What is the test for substantial success in a personal injury case? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What is considered substantial success when it comes to calculating the proportion of substantial success? (British Columbia, Canada)
What is the test for establishing a claim for personal injury in a personal injury case? (British Columbia, Canada)
