What is considered substantial success in a divided success case?
British Columbia, Canada
The following excerpt is from Jawanda et al v. Jawanda et al, 2005 BCSC 1721 (CanLII):
In many cases where there is divided success it is difficult to determine if one party or the other has achieved substantial success. This problem is addressed in Fotheringham v. Fotheringham, 2001 BCSC 1321, leave to appeal refused, 2002 BCCA 454, where at paragraph 45 Mr. Justice Bouck quantified substantial success as “75% or better” but noted: ... That does not mean a court must descend into a meticulous mathematical examination of the matters in dispute and assign a percentage to each matter. Rather, it is meant to serve as a rough and ready guide when looked at (sic) all the disputed matters globally.
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