Does the Court have jurisdiction to award costs for substantial success based on substantial success?

British Columbia, Canada

The following excerpt is from S.M.S. v. D.M.T., 2016 BCSC 339 (CanLII):

There are some decisions that have held that, having found neither party entitled to costs based on substantial success, there is no jurisdiction to award costs under this rule: See, for example, de Bruijn v. de Bruijn, 2012 BCSC 444 at para. 11.

Other Questions

Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
How have courts interpreted subrule on a claim of substantially successful and/or substantially successful in a personal injury action? (British Columbia, Canada)
When will a court award a cost of future care award for a plaintiff? (British Columbia, Canada)
What is the definition of “substantial success” in the context of success for costs purposes? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
What is considered substantial success when it comes to calculating the proportion of substantial success? (British Columbia, Canada)
How has the Court in England and Wales treated the Court of Appeal's decision to award the Commissioner's Award for Disgraceable Dismissal/Disparability? (British Columbia, Canada)
Does the court have to award costs to the successful party in a personal injury action? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the difference between the amount of spousal support awarded by a court and the amount that is awarded by the court? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.