What is the test for establishing a lawful non-conforming use?
British Columbia, Canada
The following excerpt is from Columbia Shuswap (Regional District) v Jones, 2018 BCSC 1776 (CanLII):
The onus is on the property owner claiming a lawful non-conforming use to establish that their property was used in a manner that was lawfully permitted on the date the new zoning bylaw was enacted. In Saunders v. Langley (Township), 2010 BCSC 1543, Wedge J. put it this way at para. 33:
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