Kelowna (City) v. Watermark Developments Ltd.
The Court of Appeal allowed Kelowna’s appeal and restored two restrictive covenants protecting a future roadway corridor, finding the covenants were not obsolete and cancellation would injure the city.
- Restrictive covenants
- Obsolescence of charges
- Property law act s.35
- Injury test under s.35(2)(d)
- Corridor protection for roadway
- Restrictive-covenants