In Bouch v. Penny, 2009 NSCA 80, Justice Saunders highlighted the difference between unfairness and inconvenience. He explained, at paragraph 77, that "[i]nconvenience typically reflects concerns such as increased, unnecessary expense; time tabling difficulties; disruption to other obligations owed by parties and witnesses, and the like." In contrast, he said that unfairness was broader, including the concepts of equity, the parties' interests and the interests of other similarly situated litigants, fairness and comity.
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