Is a covenant that prohibits non-members of a club from occupying the premises of the club only if they have special permission?
British Columbia, Canada
The following excerpt is from Nylar Foods Ltd. v. Roman Catholic Episcopal Corp. of Prince Rupert, 1988 CanLII 3355 (BC CA):
These words were quoted with approval in Galbraith v. Madawaska Club Ltd. (1961), 1961 CanLII 16 (SCC), 29 D.L.R. (2d) 153, [1961] S.C.R. 639, where a covenant providing that occupation of the premises by non-members should only be by special permission of the board of directors was held not to be a covenant running with the land.
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