What is the common law test for sittingus?

British Columbia, Canada


The following excerpt is from Re: The Estate of Bessie Bloom, deceased, 2004 BCSC 70 (CanLII):

What then is to be done when, because of new facts, the existing common law rules do not yield a clear answer to a question of situs? This problem was anticipated and answered at the passage already mentioned in The King v. National Trust Company, supra, at p. 675: The circumstances of a particular case may be such that, to them, none of the rules as formulated and applied in decided cases or books of authority is strictly appropriate; and then one must have recourse to analogy, and to the principles underlying the decisions or the rules as formulated or deducible therefrom.

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