What is the test for establishing that a party has a commitment to use the property?

British Columbia, Canada


The following excerpt is from Sierra Club of Canada v. Comox Valley Regional District, 2010 BCSC 74 (CanLII):

In support of its submission, the petitioner relies on Linton v. Comox-Strathcona (Regional District) (1991), 8 M.P.L.R. (2d) 157 at para. 14 (B.C.S.C.), for the proposition that if there is "no use of the land . . . that is only consistent with the [party’s] expressed intentions to create" a specific project, a commitment to use the property has not been established. (emphasis in original)

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