What is the test for legal non-conforming use protection?
Ontario, Canada
The following excerpt is from Elbasiouni v. City of Brampton, 2017 ONSC 1556 (CanLII):
The property owner seeking a legal non-conforming use protection must establish these two criteria on a balance of probabilities: 1. The pre-by-law use was lawful on the day the by-law restriction was passed. 2. That the land, building or structure continues to be used for that purpose: See Mohammed v. Dysart (Municipality) Building Official [2003] O.J. No. 5322 paragraphs 15 and 24.
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