Pearson v. Adams

Pearson v. Adams

The stipulation in the conveyance was a covenant enforceable by the assignee and, read in its ordinary popular sense and in context (including the $2,000 minimum and intention to secure a first-class residential street), an apartment building intended for occupation by several families is not a 'detached dwelling house'; therefore the proposed construction breached the covenant and injunction relief was warranted.

Citation
(1914) 50 SCR 204
Parties
Appellant / Plaintiff: John A. Pearson; Respondent / Defendant: John H. Adams
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 June 1914
Procedural Posture
Sale of Land Restrictive Covenant Dispute / Appeal to the Supreme Court of Canada From the Appellate Division of Ontario
Outcome
Appeal allowed; judgment of the Divisional Court restored.
Legal Topics
Use Restrictions, Interpretation of Deeds, Definition of 'detached Dwelling House', Enforcement and Assignment of Covenants
Source Language
English
Property Law Real Property Restrictive Covenants Equity Injunctions Use Restrictions Interpretation of Deeds Definition of 'detached Dwelling House' +1 more

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Parties

John A. Pearson

Appellant / Plaintiff

John H. Adams

Respondent / Defendant

Procedural Posture

Sale of Land Restrictive Covenant Dispute / Appeal to the Supreme Court of Canada From the Appellate Division of Ontario

Legal Issues

  1. 1 Whether the stipulation 'to be used only as a site for a detached brick or stone dwelling house...' is a covenant or a condition
  2. 2 Whether an apartment house intended for occupation by several families falls within the meaning of 'detached dwelling house' in the restriction
  3. 3 Whether the assignee of the original covenantee can enforce the restrictive covenant

Ratio Decidendi

The stipulation in the conveyance was a covenant enforceable by the assignee and, read in its ordinary popular sense and in context (including the $2,000 minimum and intention to secure a first-class residential street), an apartment building intended for occupation by several families is not a 'detached dwelling house'; therefore the proposed construction breached the covenant and injunction relief was warranted.

Court Disposition

Appeal allowed; judgment of the Divisional Court restored.

Orders

  • Appeal allowed with costs
  • Judgment of the Divisional Court (restored)