What is the test for a party to prove that they have a right to use the same material as the other party?

British Columbia, Canada


The following excerpt is from North Pender Island Local Trust Committee v. Conconi, 2007 BCSC 1436 (CanLII):

If a lawful non-conforming use is asserted, the onus of proof for such a use rests on the party asserting that use: North Vancouver City v. Vanneck, [1997] B.C.J. No. 1365, 71 A.C.H.S. (3d) 1174, (B.C.S.C.)

Other Questions


Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Does a party who alleges fraudulent misrepresentation have to prove that the misrepresentation is not a "material fact" in order to succeed in their claim? (British Columbia, Canada)
What is the burden of proving discrimination against a party in a human rights complaint? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What are the requirements for a party to produce all documents that are or have been in their possession or control and that could be used at trial to prove or disprove a material fact? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Does a party have to prove aboriginal right or title before there is a duty to consult with the aboriginal peoples? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.