What is the test for a modification of a restrictive covenant?
Alberta, Canada
The following excerpt is from Barker v. Palmer, 2005 ABQB 815 (CanLII):
The courts will not paternalistically decide that the persons principally interested in the covenant’s enforcement will benefit from its modification in the face of protests to the contrary by the interested parties: Potts v. McCann at para 40, Re Seifeddine at 124. That is, they will not declare that a modification to the restrictive covenant is in the best interests of the interested parties if the interested parties state that they will not benefit from it.
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