What is the paramount use of the "established primarily for" formulation in the "principal use" test?
Ontario, Canada
The following excerpt is from Becamon v. Wawanesa Mutual Insurance Company, 2009 ONCA 113 (CanLII):
There is no doubt that "the paramount use" test from Gill v. Elwood and the "established primarily for" formulation in Mansour support the trial judge's conclusion that the strip mall parking lot, although used for some thru-traffic from Wilson Avenue to Bathurst Street, was essentially a private parking lot for the customers of the stores in the mall.
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