What is the four-part test in Fotheringham v.Fotheringham?

British Columbia, Canada


The following excerpt is from Hausmann v. Klukas, 2012 BCSC 277 (CanLII):

The four-part test in Fotheringham v. Fotheringham has the following elements (at para. 46): 1. First, by focusing on the "matters in dispute" at trial. These may or may not include "issues" explicitly mentioned in the pleadings. 2. Second, by assessing the weight or importance of those "matters" to the parties. 3. Third, by doing a global determination with respect to all the matters in dispute and determining which party "substantially succeeded," overall and therefore won the event. 4. Fourth, where one party "substantially succeeded," a consideration of whether there are reasons to "otherwise order" that the winning party be deprived of his or her costs and each side then bear their own costs.

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