August 25, 2026 – Costs and “Divided Success”

“As explained in Thompson v. Drummond, 2018 ONSC 4762 at para. 12, divided success is not determined by a mathematical tally of issues won or lost. It requires a “contextual analysis” of the importance of the issues litigated and the resources devoted to them. Where success is divided, the court may award costs to the party more successful overall or on the primary issue, with adjustments for lack of success on secondary issues and consideration of the litigation history (Gomez-Pound v. Pound, [2009] O.J. No. 4161; Boland v. Boland, 2012 ONCJ 239).”

Singh v. Kaur, 2025 ONSC 4880 (CanLII) at 20

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