What is the test for determining whether a discretionary action of council was significantly unfair?
British Columbia, Canada
The following excerpt is from Dolinsky v. The Owners, Strata Plan NES 3191, 2022 BCCRT 275 (CanLII):
47. In Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44, the court applied a “reasonable expectations” test when considering whether a discretionary action of council was significantly unfair. The test asks: What was the applicants’ expectation? Was that expectation objectively reasonable? Did the strata violate that expectation with a significantly unfair action or decision?
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