This case addresses the complex interaction between the Land Titles Act and the Registry Act concerning the expiry of restrictive covenants on real property.
The central issue was whether a notice of claim, registered under the Registry Act to extend a restrictive covenant, remained effective after the property was converted to the land titles system.
The court determined that the date of registration for the purpose of the Land Titles Act's 40-year expiry rule becomes the date the notice of claim was filed, thereby extending the covenant's validity.
The court dismissed the applicant's request to delete a caution and set aside a prior order that had removed the covenant, ruling in favour of the respondent who benefited from the covenant.
