What is “substantial success”?
British Columbia, Canada
The following excerpt is from Stanley Paulus Architect Inc. v. Windhill Holdings Ltd., 2016 BCSC 70 (CanLII):
The defendants refer to the decision of Fotheringham v. Fotheringham, 2001 BCSC 1321 in which Mr. Justice Bouck discussed “substantial success” and at para. 7 defined “substantial” as “of ample or considerable amount, quantity or dimensions”. At para. 60, Bouck J. further stated “as a rule of thumb, substantial success occurs when the prevailing party succeed on 75% of the matters in dispute looked at globally”.
The defendants agree that the court has a wide discretion in determining costs in cases of divided success and referred the court to Poirier v. Wal-Mart Canada Corp., 2007 BCSC 66.
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