What is the test for determining whether a single incident of “borderline” oppression or “unfair prejudice” constitutes oppression or unfair prejudice?
Nova Scotia, Canada
The following excerpt is from Richards v. Richards, 2013 NSSC 163 (CanLII):
However, as noted at paragraph 33 of Paley v. Leduc, in “cases involving several acts, … where one ‘borderline’ act may not necessitate a … remedy, a combination of acts may, in their totality, constitute oppression or unfair prejudice.” Therefore, in my view, the other alleged incidents of oppression are to be considered as well.
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