What is the test for breaching a restrictive covenant in a condominium scheme?
Alberta, Canada
The following excerpt is from Re Dumore Construction Ltd., 2007 ABQB 317 (CanLII):
I will deal with each of these points in turn. Firstly, Mr. Justice Slatter in Potts v. McCan [2002] A.J. No. 999, 2002 ABQB 734 stated, in part, at paragraph 35: The law is however clear that the mere discharge of a restrictive covenant from one property in a building scheme, or the breach of the covenant by a few owners, is not sufficient to undermine the entire covenant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
When a business is sold and the former owners of the business are restricted from competing directly with the new business, can the new owners enforce restrictive covenants? (Alberta, Canada)
Does the Restrictive Covenant constitute a building scheme and is valid? (Alberta, Canada)
What is the test for restrictive covenants in a commercial contract? (Alberta, Canada)
Can a restrictive covenant be valid at equity? (Alberta, Canada)
Is a restrictive covenant enforceable? (Alberta, Canada)
What is the test for service in a restrictive covenant? (Alberta, Canada)
Is a general advertisement sufficient to constitute a breach of a non-solicitation covenant? (Alberta, Canada)
Can a commercial landlord enforce restrictive covenants against a commercial tenant of a shopping centre? (Alberta, Canada)
How have restrictive covenants been interpreted in the context of real estate law? (Alberta, Canada)
