How are restrictive covenants interpreted?

British Columbia, Canada


The following excerpt is from Schriemer v Harris, 2021 BCSC 1490 (CanLII):

Restrictive covenants are to be construed according to the ordinary rules of contractual interpretation. The words used must be viewed in the context of the factual matrix at the time the document was created, taking into account the background and purpose of the document as guides to interpretation: Hofer v. Guitonni, 2011 BCCA 393 at para. 14.

Other Questions


What is the case law in which a judge improperly interpreted a restrictive covenant to protect views? (British Columbia, Canada)
How have courts considered the meaning of s. 35(4)(b)(b) of the BC Code of Civil Procedure in the context of a modification of restrictive covenants? (British Columbia, Canada)
What restrictive covenants have been in the context of the sale of a business? (British Columbia, Canada)
What is the difference between restrictive covenants in an employment contract and those in a commercial agreement? (British Columbia, Canada)
Is a restrictive covenant in an employment contract more restrictive than in a contract for sale and purchase of a business? (British Columbia, Canada)
How have the courts interpreted the terms "custody" and "guardianship" in relation to custody? (British Columbia, Canada)
How have the courts interpreted Lafontaine #1/1/2? (British Columbia, Canada)
How have courts interpreted the statutory rules regarding driver's right of way in a collision? (British Columbia, Canada)
How has the word "fishery" been interpreted in the context of the Re Fisheries Act? (British Columbia, Canada)
How have courts interpreted time limits in insurance claims? (British Columbia, Canada)

There are no other similar questions at this time.