What is the burden of proving entitlement to a lawful non-conforming use?

British Columbia, Canada


The following excerpt is from Newton v The Corporation of the City of Victoria, 2018 BCSC 728 (CanLII):

I am also reminded that the burden of proving entitlement to a lawful non‑conforming use rests on the petitioners: see Sanders v. Langley (Township), 2010 BCSC 1543 where Justice Wedge stated:

Other Questions


What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
When a lawyer who assisted a senior member of a law firm on behalf of one litigant, later goes to work for another law firm, does this breach of the law firm's duty to act? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the common law and common law respect to the power of the police to search a lawfully arrested person? (British Columbia, Canada)
What is the burden of proving a transfer of funds under the law of gifts? (British Columbia, Canada)
Can an appeal from a family law arbitral award be based on errors of law and mixed fact and law? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the burden of proving that someone registered on the title of a property is not entitled to an estate in fee simple? (British Columbia, Canada)
Is there any case law in which the Court of Appeal has found that there is no case law to be relied upon in the context of the doctrine of common law? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.