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Enforcement of positive covenants on subsequent owners

Thursday, January 25, 2018 @ 8:53 AM | By Ray Mikkola

Ontario real estate lawyers will be familiar with the seminal case regarding the rule that positive covenants, that is, the obligation to expend money or do some positive act, will not bind subsequent owners despite any provisions in the creating document to the effect that such subsequent owners are bound.

The case is Amberwood Investments Limited v. Durham Condominium Corporation No. 123 [2002] O.J. No. 1023, which was decided by the Court of Appeal in 2002. In Amberwood, the court considered various reasons as to whether,...