What is the current jurisprudence under the provisions of the Statutory Review of Strata Plan LMS 3265?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan VR2702 (Re), 2018 BCSC 390 (CanLII):
The jurisprudence that has developed under that provision was recently summarised by Warren J. in Barrett v. The Owners, Strata Plan LMS 3265, 2016 BCSC 1477, as follows:
The leading case on the application of s. 164 is Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44. Garson J.A. identified the specific issues in that case as the appropriate degree of deference owed to a decision of a strata corporation and the meaning of the phrase "significantly unfair" in s. 164.
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