What is the test for significant unfairness in a strata plan?
British Columbia, Canada
The following excerpt is from Ottens v. The Owners, Strata Plan LMS 2785, 2022 BCCRT 19 (CanLII):
96. The test for significant unfairness was established in Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44, and restated in Watson, as: a. What was affected owner’s expectation? b. Was that expectation objectively reasonable? c. Did the strata violate the expectation with a significantly unfair action or decision?
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