What is the test for a breach of the terms of a covenant of trust?
Alberta, Canada
The following excerpt is from Sayers v. Lazaruk, 1998 ABPC 47 (CanLII):
Parke, J. in Browne v. Flower, [1911] 1 CH 219 stated: It appears to me that to constitute a breach of such a covenant there must be some physical interference with the enjoyment of the demised premises, and that a mere interference of the comfort of the persons using the demised premises by the creation of a personal annoyance such as might arise from noice, invasion of privacy, or otherwise, is not enough.
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