What is the burden upon the petitioner to prove that continuation of the covenant is not practical benefit?
British Columbia, Canada
The following excerpt is from West Shore Laylum Management Ltd. (Re), 2013 BCSC 2080 (CanLII):
The petitioner also relies upon s. 35(2)(b) which places the burden upon it to show that continuation of the covenant provides no practical benefit, see Wallster v. Erschbamer, 2011 BCCA 27, at para. 19. The court also factored in “minimal benefit”, holding that if the benefit was truly “minimal”, the covenant could be discharged.
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