What is the 4-step inquiry required to determine substantial success for the purpose of assessing cost?
British Columbia, Canada
The following excerpt is from K.M.M. v. D.R.M., 2016 BCSC 1278 (CanLII):
The Court in S.M.S. v. D.M.T. 2016 BCSC 339 summarized the 4-step inquiry which is required to determine substantial success for the purpose of assessing cost at para. 5 which reads as follows: In Fotheringham v. Fotheringham, 2001 BCSC 1321, leave to appeal ref’d 2002 BCCA 454, the court set out a 4-step inquiry to determine substantial success which focuses on (1) determining the matters in dispute; (2) assessing the importance of those matters to the parties; (3) making a global determination of the matters in dispute to determine if a party was substantially successful; and (4) considering whether there are reasons to "otherwise order".
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