In the context of the Okanagan test, what is the current state of the law with respect to this element of the test?

In Townsend v. Florentis, G.D. Lane J. stressed the importance of ensuring that this element of the Okanagan test is applied with some rigour: recalling that the circumstances must be special, that the class is narrow, and that the exercise of the power is extraordinary, it is clear that there must exist some factor which decisively lifts the applicant’s case out of the generality of cases. The existence of issues going beyond the interests of the parties alone would seem to be one possible example of the minimum required, …The mere “leveling of the playing field”, although an admirable objective, would deprive the Third Test [in Okanagan] of any real meaning…(at paras. 57-57)