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Canada Case Law

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Property law 2021 BCSC 1444

Vida (Re)

The court dismissed a petition to cancel a conservation covenant, statutory right of way and rent charge over a Coquitlam property, finding the statutory tests were not met.

  • S.35 property law act
  • Obsolescence of covenant
  • Prematurity
  • Statutory right of way
  • Rent charge
  • Cancellation of charges
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Property law 2014 BCSC 825

Olenczuk v. Mooney

The court dismissed a petition to cancel a restrictive covenant over neighbours’ lots, holding the matter was barred by res judicata and, in any event, the covenant still had practical benefit.

  • Restrictive covenant
  • S.35 property law act
  • Res judicata
  • Obsolescence of covenant
  • Costs
  • Restrictive-covenant
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Property law 2010 BCSC 1235

PMT XII LLC v. The Owners, Strata Plan VR 2753, Section 1

The court refused to cancel a restrictive covenant at Le Chamois, holding it touched and concerned the benefited land, provided practical benefit, and was not obsolete.

  • Enforceability of restrictive covenants
  • Touch and concern doctrine
  • Obsolescence of covenant
  • Practical benefit test
  • Strata bylaws and common assets
  • Restrictive-covenants
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.