What is the legal test for determining which party is successful based on minutes of settlement?

Ontario, Canada


The following excerpt is from Barber v. Magee, 2013 ONCJ 552 (CanLII):

If the court is able to determine which party is successful based on minutes of settlement, than the divided success approach under Rule 24(6) is appropriate, and a consideration of the parties’ reasonable or unreasonable behaviour must be made. See Davis v. Davis, 2004 CarswellOnt 2186 (S.C.J.) paras. 3 and 7.

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