Is it significantly unfair to require the commercial section of the building’s reasonable expectations to contribute to the repair costs of the elevator?
British Columbia, Canada
The following excerpt is from Residential Section of The Owners, Strata Plan NW 2089 v. Commercial Section of The Owners, Strata Plan NW 2089 et al, 2019 BCCRT 1140 (CanLII):
59. As for the third part of the test, would it be a significantly unfair breach of the commercial section’s reasonable expectations if it had to contribute to the subject elevator’s repair expenses? The courts have described actions that are significantly unfair as being burdensome, harsh, wrongful, lacking in probity or fair dealing, unjust or inequitable. See Reid v. Strata Plan LMS 2503, 2003 BCCA 128.
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