What is the meaning of “significantly unfair” or “oppressive” conduct?

43. The courts have interpreted “significantly unfair” to mean conduct that is oppressive or unfairly prejudicial. Oppressive conduct has been interpreted as conduct that is burdensome, harsh, wrongful, lacking in fair dealing or done in bad faith. Prejudicial conduct means conduct that is unjust and inequitable. See Reid v. Strata Plan LMS 2503, 2001 BCSC 1578, aff’d 2003 BCCA 126.

44. In Kunzler v. The Owners, Strata Plan EPS 1433, 2020 BCSC 576, the court determined that the reasonable expectations portion of the test may not be appropriate in all circumstances, but that it may make sense when a strata council is exercising its discretionary authority. I find that issuing the no contact letter was discretionary and will therefore consider the reasonableness of the applicants’ expectations.