“The issue as to who was the successful party is an important one, given that Rule 24(1) provides that there is a presumption that the successful party is entitled to costs. I will, therefore, begin my analysis with that issue.
At para. 14 of Negin, Faieta J. offers the following definition of “successful”:
A person is “successful” if he or she accomplishes an aim or purpose: See Concise Oxford English Dictionary, (12th ed. 2011) at p. 1439. Success is assessed by comparing the terms of the order made against the relief requested in the pleadings and, where applicable, against the terms of an offer to settle: C. (A.) v. K. (G.), 2015 ONCJ 399, 64 R.F.L. (7th) 496 (Ont. C.J.), para 17; Johanns v. Fulford, 2010 ONCJ 756, 15 R.F.L. (7th) 148 (Ont. C.J.), para 13.”