What is considered to be "significantly unfair" in the context of a condominium corporation's condominium scheme?
British Columbia, Canada
The following excerpt is from De Mark v. The Owners, Strata Plan BCS 3240, 2019 BCCRT 512 (CanLII):
32. What is "significantly unfair" in this context has been defined as conduct that is "burdensome, harsh, wrongful, lacking in probity or fair dealing, or has been done in bad faith" (Chow v. Strata Plan LMS 1277, 2006 BCSC 335 at para. 75). This is a high bar and the owner bears the burden of proving this type of conduct has occurred.
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