What is the test for serving notice of an application to discharge a restrictive covenant?
Alberta, Canada
The following excerpt is from Furano v. Montgomery, 2006 ABQB 230 (CanLII):
The issue to be decided is who must be served with notice of an application to discharge the restrictive covenant filed against a property owner’s title? Should notice be limited to property owners subject to the same instrument number (as held in Potts v. McCain, [2002] 10 W.W.R. 571, 2002 ABQB 734), or should notice be extended to all property owners in the common area (as found in Fear (Re) (2005), 30 R.P.R. (4th) 280, 2005 ABQB 104)? IV. Legislation
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