What is the meaning of the term “significantly unfair” in s. 164 of the BC Code of Civil Procedure?
British Columbia, Canada
The following excerpt is from Omnicare Pharmacy Ltd. v. The Owners, Strata Plan LMS 2854, 2017 BCSC 256 (CanLII):
The term “significantly unfair” in s. 164 encompasses conduct that is oppressive or unfairly prejudicial. “Oppressive conduct” has been interpreted to mean conduct that is burdensome, harsh, wrongful, lacking in probity or fair dealing, or has been done in bad faith. “Unfairly prejudicial” conduct has been interpreted to mean conduct that is unjust and inequitable. See Reid v. The Owners, Strata Plan LMS 2503, 2001 BCSC 1578 (“Reid”), at paras. 11-13; aff’d 2003 BCCA 126 (“Reid Appeal”).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
What is the test for a finding of significant unfairness under Section 8 of the BCSC's Rules of Civil Procedure? (British Columbia, Canada)
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
What is the meaning of the words "significantly unfair" and "unfairly prejudicial conduct"? (British Columbia, Canada)
What is the effect of the Rules of Civil Procedure and Procedure of striking a jury in a civil case? (British Columbia, Canada)
How have courts interpreted r. 9-1(6) of the Rules of Civil Procedure and Civil Procedure in determining whether to accept an offer to settle? (British Columbia, Canada)
What is the meaning of “significantly unfair” and “oppressive” conduct? (British Columbia, Canada)
What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation? (British Columbia, Canada)
What is the meaning of “significantly unfair” in Strata Plan law? (British Columbia, Canada)
How have courts considered the meaning of s. 35(4)(b)(b) of the BC Code of Civil Procedure in the context of a modification of restrictive covenants? (British Columbia, Canada)
