Applicants failed to establish that previous violations of tenancy agreement eroded overall character of development

Ontario civil | Real Property | Interests in real property | Restrictive covenants

Applicants were owners of townhouse in development and were bound by co-tenancy agreement. Section 6.2 of co-tenancy agreement provided that owner would not alter unit exterior without written approval of co-tenancy committee, unless alteration was minor or cosmetic in nature. Whether alteration was minor or cosmetic was to be determined by committee. Applicants renovated their rooftop deck without prior approval. Applicants sought order that s. 6.2 of co-tenancy agreement be discharged pursuant to s. 61(1) Conveyancing and Law of Property Act, was unenforceable for vagueness, and was unenforceable as obsolete. Application dismissed. Concerning s. 61(1) of Act, it could not be said that s. 6.2 of co-tenancy agreement was spent or of no continuing practical value. Maintaining original design features had always been important to community's owners, and s. 6.2 conferred ongoing benefit. Section 6.2 of agreement was clear and unambiguous in providing that committee's decision as to whether alteration was minor or cosmetic was final and binding. There was ample evidence that s. 6.2 was capable of interpretation and had been interpreted in past. Applicants failed to establish that previous violations of 6.2 or exceptions had eroded overall character of development. Building scheme remained intact.

Chapadeau v. Devlin (2018), 2018 CarswellOnt 18085, 2018 ONSC 6456, Robyn M. Ryan Bell J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca.


Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Open schedule at Competition Tribunal presents opportunity for commissioner, lawyer says

Students raise alarm on future of university legal clinics

CICB to cease accepting applications on Oct. 1

Stikeman Elliott, Rubin Thomlinson, McCarthy Tétrault win HR awards

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Most Read Articles

New equality measure approved by Law Society of Ontario as the statement of principles gets repealed

Judges call out lack of support for legal aid, pro bono amid MAG presence

Chasm in opinions remains after statement of principles repeal

Law students, paralegals can continue working on the same summary conviction matters