What are the costs of a partially successful defendant?
British Columbia, Canada
The following excerpt is from Pang v. Westfair Properties Pacific Ltd., 1998 CanLII 4876 (BC SC):
Since the authoritative decision in Flatley v. Denike, the general rule now is that where a defendant has suffered no damages for which the plaintiff is liable, the plaintiff will not be liable in costs to a partly successful defendant, but will recover only that portion of his own costs that corresponds to the percent of liability apportioned to the defendant. This is the starting point for the consideration of relative unjustness.
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