Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant?
Alberta, Canada
The following excerpt is from Shergill v. Urban View Projects Inc., 2006 ABQB 580 (CanLII):
In Potts v. McCann [2001, A.J. 999, 2002 ABQB 734], Justice Slatter’s stated at paragraph 21: In proceedings to set aside or vary a restrictive covenant, it is necessary that all of the owners of the encumbered properties be parties to the proceedings. Those who are not applicants should be respondents.
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