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Court of Appeal rules covenant does not apply in neighbourhood levy dispute

Wednesday, May 24, 2017 @ 3:23 PM | By Tom Venetis

The Ontario Court of Appeal ruled that a financial obligation registered on the title of a property is not binding on future owners of that property.

Scott Hutchison, Henein Hutchison LLPThe case, decided on May 18, involved a couple who challenged an annual levy imposed on homeowners in the Wychwood Park neighbourhood, an exclusive enclave of 60 homes surrounded by a private park in midtown Toronto. The levy is said to arise from an 1891 trust deed agreement concerning the maintenance of certain common property in...