How are restrictive covenants interpreted?
British Columbia, Canada
The following excerpt is from Schriemer v Harris, 2021 BCSC 1490 (CanLII):
Restrictive covenants are to be construed according to the ordinary rules of contractual interpretation. The words used must be viewed in the context of the factual matrix at the time the document was created, taking into account the background and purpose of the document as guides to interpretation: Hofer v. Guitonni, 2011 BCCA 393 at para. 14.
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