In many personal injury cases there are several claims being made and some of these claims may not be successful at trial. How do you know when you have achieved substantial success? This is important when deciding on entitlement to legal costs and disbursements. Your substantial success will help determine the amount of money you get for costs in a supreme court civil case.
It is well-established that winning “substantial success” does not require success on all issues:
 The question of success in this case is not absolute, and the question for us is whether either party achieved substantial success when considering the appeal overall. An apportionment of costs on an issue by issue basis is not the regular practice, nor is counting the number of issues on which success was achieved…( Stein v. Stein, 2007 BCCA 187, 68 B.C.L.R. (4th) 104)
In determining “substantial success”, the court does not make a mathematical comparison of the amount claimed to the amount awarded. To determining the winning party in a personal injury case the Court must take into account a myriad considerations in assessing whether there has been substantial success. The exercise of court discretion requires the judge to look at the case as a whole and craft a result that achieves a measure of fairness.
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.