What is the test for an inquiry into whether a building scheme has become obsolete?

British Columbia, Canada


The following excerpt is from 676604 B.C. Ltd. (Re), 2010 BCSC 1624 (CanLII):

An inquiry into whether a building scheme has become obsolete involves a factual assessment of whether there have been changes in the character of the land, the neighbourhood and other material circumstances: Tri-X Timber Corporation v. Rutherford, 2010 BCSC 1001 at para.18, 2010 CarswellBC 1910.

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