What is the test for success in a personal injury action?

The court’s initial assessment of success should be made based on the pleadings and specific relief claimed at trial, if it is different: Johnstone v. Locke, 2012 ONSC 1717, at para. 12. “Success” is assessed by comparing the terms of an order against the relief originally requested in the pleadings and against the terms of any offers to settle: Johanns v. Fulford, 2010 ONCJ 756, at para. 13. The respondent is clearly the successful party in this case, having achieved the dismissal of all of the applicant’s claims against her at trial, in their entirety, which was the relief that she consistently sought throughout this action.