The parties brought a motion to determine a Special Case regarding a 1953 agreement between the former Township of Thurlow and the plaintiffs' predecessor in title.
The agreement required the municipality to perpetually maintain a drainage system.
The court found that the plaintiffs, as successors in title, could enforce the positive covenant against the original covenantor (the amalgamated City of Belleville) despite a lack of privity of contract.
The court also dismissed the City's defences based on public policy, inadequate property description, lack of reliance, limitation periods, and laches.
