What is the test for significant unfairness in the context of a slata plan BCS BCS 1589?
British Columbia, Canada
The following excerpt is from Heise v. The Owners, Strata Plan VR 237, 2021 BCCRT 296 (CanLII):
37. In Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44 the court established a test for significant unfairness based on expectations: what is or was the expectation of the affected owner, was that expectation on the part of the owner objectively reasonable, and if so, was the expectation violated by an action that was significantly unfair.
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