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.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.