What is the burden on 3252 to establish that it has a lawful non-conforming use protection?

British Columbia, Canada


The following excerpt is from 3252 Holdings Ltd. v. Sunshine Coast Regional District, 2004 BCSC 699 (CanLII):

The burden is on 3252 to establish, on a balance of probabilities, that it has a lawful non-conforming use protection: Duke v. Nanaimo (Regional District) (1998) 50 M.P.L.R. (2d) 116 (B.C.S.C.). I am satisfied that 3252 has met that burden.

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