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.)

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