What is the meaning of “significantly unfair” in Strata Plan law?

British Columbia, Canada

The following excerpt is from Nomani v. The Owners, Strata Plan LMS 3837, 2007 BCSC 276 (CanLII):

Madam Justice Sinclair Prowse discussed the meaning of “significantly unfair” in Reid v. Strata Plan LMS 2503, 2001 BCSC 1578 at ¶9 to 13 in which she wrote that prior to the Strata Act coming into force on July 1, 2000 s. 42 of the Condominium Act (which was repealed and replaced by the Strata Property Act), an owner could apply to the court for a remedy if the affairs of the strata corporation were being conducted in a manner which was "oppressive", or where some act or resolution of the strata corporation was "unfairly prejudicial" to that owner. Sinclair Prowse J. agreed with counsels’ joint submission that the meaning of "significantly unfair" would, at the very least, encompass oppressive conduct and unfairly prejudicial conduct or resolutions. She further stated at ¶12 that 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.

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