The following excerpt is from Agnew v. Ontario (Regional Assessment Commissioner, Region No. 7), 1990 CanLII 8097 (ON SC):
There is no obligation upon the corporation or the trustees who hold the land to eventually transfer it over to the inhabitants or to the municipality. Nor is there any agreement that would enable the municipality to take over the lands. The municipality has no vested rights to the lands nor does it have possession of the lands. In fact, in my view, it has no right under any circumstances to control the lands or to become beneficially entitled to them. Nor can one say that the lands are being used for municipal purposes. See Toronto Transit Com'n v. City of Toronto, 1971 CanLII 8 (SCC), [1971] 18 D.L.R. (3d) 68 at p. 74, [1971] S.C.R. 746 (S.C.C.), where Spence J. states as follows: Legislative policy would seem to only be carried out if lands are subject to taxation so soon as their use is no longer a use for municipal purposes but becomes a use for commercial purposes.
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