What is the test for establishing a permanent social commitment between a person and property?
British Columbia, Canada
The following excerpt is from Rolleman v. Blackmon and Vader, 2002 BCSC 766 (CanLII):
Even in other contexts, such as residential zoning legislation, the courts look for an element of permanent social, moral or psychological commitment between the persons living in the same physical premises. (Bowes v. Victoria, [1998] B.C.J. No. 234 (S.C.)).
It is these elements of commitment, permanence, affinity, and connection which are lacking in the case at bar. The blood relationship between the defendants is not conclusive (Wawanesa v. Bell, supra). The defendants do not appear to have been part of the stepfather’s household. If there is a family here, it must derive from the living situation of the defendants alone in the basement suite.
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