What is the meaning of the Covenant and what is the interpretation of the covenant?
British Columbia, Canada
The following excerpt is from Natura Developments Ltd. v. Ladysmith (Town), 2015 BCSC 1673 (CanLII):
Before doing so, however, I will briefly address the law respecting the interpretation of the covenant. The issue was considered recently in McCorquodale v. Baranti Developments Ltd., 2015 BCCA 133, where it was held that a court must determine the meaning of a grant by reference only to its plain language, except for where that wording creates an ambiguity, or the circumstances demonstrate that the parties could not have intended a particular use (para. 23). In that case the court was interpreting an easement.
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