What is the test for declining to enforce a covenant where the character of the neighbourhood has changed significantly since the time of the covenant was imposed?
Alberta, Canada
The following excerpt is from Barker v. Palmer, 2005 ABQB 815 (CanLII):
Courts may decline to enforce a covenant where 1) the character of the neighbourhood has changed significantly since the time at which the covenant was imposed; 2) the covenant has become spent, obsolete or unworkable; or 3) enforcement of the covenant would be vexatious: Potts v. McCann at para 32.
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