What is significant unfairness in the context of the BCAA?
British Columbia, Canada
The following excerpt is from 901 Fernie Property Developments Ltd. v. The Owners, Strata Plan NES 3363, 2018 BCCRT 750 (CanLII):
46. “Significant unfairness” is “unjust and inequitable conduct” and conduct that is “oppressive, unfairly prejudicial, wrongful, burdensome, harsh or done in bad faith.” (see Reid v. The Owners, Strata Plan LMS 2503, 2003 BCCA 126 at paras. 27-29)
47. The owner says that the decision in Large, McCall et al v. The Owners, Strata Plan No. 601, 2005 BCSC 1128 is analogous to this case. There, the court found that it was significantly unfair for one section to pay strata fees for benefits or services that it could not use (at paragraph 60).
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