Can advertising for one day prior to the enactment of the Bylaw constitute use of the strata units sufficient to give rise to lawful non-conforming use?
British Columbia, Canada
The following excerpt is from 1114829 B.C. Ltd. v Whistler (Municipality), 2019 BCSC 984 (CanLII):
I find it difficult to accept that advertising for one day prior to the enactment of the Bylaw constitutes use of the strata units sufficient to give rise to lawful non‑conforming use under s. 528 of the Local Government Act. As stated in Sanders v. Langley (Township), 2010 BCSC 1543 at para. 33, “[t]he property owner must establish the actual use of the property on the exact date of the adoption of the new bylaw” [emphasis in original.] Since there was no actual rental, there was no actual use.
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