What is the test for "significant unfairness" in section 95(2) of the Rules of Apportionation?
British Columbia, Canada
The following excerpt is from Yemm v Marshall, 2018 BCSC 1470 (CanLII):
Significant unfairness must be compelling or meaningful having regard to the factors set out in s. 95(2) and reapportionment will require something objectively unjust, unreasonable or unfair in some important or substantial sense: Jaszczewska v. Kostanski, 2016 BCCA 286 at paras, 38, 41 and 42.
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