What is the difference between the parties to the rule on garbage disposal?
British Columbia, Canada
The following excerpt is from Therrien Investments Ltd. v. The Owners, Strata Plan VIS 7041, 2021 BCCRT 788 (CanLII):
27. The parties also disagree about whether the garbage disposal rule is significantly unfair to Therrien. 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 fair dealing or done in bad faith. “Prejudicial” conduct means conduct that is unjust and inequitable (Reid v. Strata Plan LMS 2503, 2001 BCSC 1578, affirmed 2003 BCCA 126).
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