What is the test for determining whether a restrictive covenant is minor or more major?
British Columbia, Canada
The following excerpt is from Chen v. Hsu, 1997 CanLII 2471 (BC SC):
The plaintiff in this case submits that the restrictive covenant is minor and it does not interfere with the owner's use and enjoyment of the property. Whether an encumbrance interferes with the owner's use and enjoyment of the property has been stated as being the basis for the determination of whether the encumbrance is trifling or more major: Bernard v. Weiss (1983), 31 R.P.R. 185 (B.C.S.C.).
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