Costs if you lose

[HappyMomma]

Is it possible to still be awarded costs if you lose on some of the issues? If for instance, your offers to settle were better than what the other party wins? Ie: Applicant wants x amount of SS, Respondent says you aren't eligible for any but offers y anyway in an attempt to settle. At Trial Applicant wins z which is less than respondent's offer. Would Respondent be able to get a costs award even though they lost?

Does anyone know of any cases on Canlii where this was the case?

Thanks!

[WorkingDAD]

Is it possible to still be awarded costs if you lose on some of the issues? If for instance, your offers to settle were better than what the other party wins? Ie: Applicant wants x amount of SS, Respondent says you aren't eligible for any but offers y anyway in an attempt to settle. At Trial Applicant wins z which is less than respondent's offer. Would Respondent be able to get a costs award even though they lost?

Does anyone know of any cases on Canlii where this was the case?

Thanks!

It really hard to get clear picture as what is outcome actually. From what I understand you are are talking about divided success. Basically you got something from what you want and other party got something from what they want. You can get cost as well as other side. All depends on how unreasonable parties were and number of other variables.

read rule 24 and go from there ...

DIVIDED SUCCESS

(6) If success in a step in a case is divided, the court may apportion costs as appropriate. O. Reg. 114/99, r. 24 (6).

[hadenough]

The costs that are submitted, are not necessarily the costs (amount) awarded. Costs are *submitted* and then the Judge issues a "Final Costs Order." (Sometimes a few months later.)

Those costs may be decided on a full indemnity basis or partial.