Is an ambiguous restrictive covenant unenforceable?
British Columbia, Canada
The following excerpt is from ADP Distributors Inc. v Davidson, 2019 BCSC 219 (CanLII):
An ambiguous restrictive covenant is prima facie unenforceable because the party seeking enforcement will not be able to demonstrate the reasonableness of the covenant in the face of an ambiguity: Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 at para. 27.
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