The development of the statutory oppression remedy contained in s. 164 of the Strata Property Act, S.B.C. 1998, c. 43 [SPA] has also been informed by corporate case law around the oppression remedy. It captures activities of the strata corporation which are “significantly unfair” with reference to the jurisprudence around the oppression remedy but with consideration to the unique context of strata complexes. It has been suggested that the use of the word “significantly” to modify “unfairness” was deliberate and signals a higher level of deference to a strata corporation: see Gentis v. The Owners, Strata Plan VR368, 2003 BCSC 120; and Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44 [Dollan].
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