What is the test for interpreting a restrictive covenant?
Alberta, Canada
The following excerpt is from Tanti v. Gruden, 1999 ABCA 150 (CanLII):
In interpreting a restrictive covenant, courts “look not only to the words of a covenant, but to the object to attain which it was entered into ...”: Knight v. Simmonds, [1896] 2 Ch. 294 at 297(C.A.). This requires a determination of the intent of Carruthers, the person who placed the caveat on the property.
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