Does the negative covenant principle apply in Canadian law?
Ontario, Canada
The following excerpt is from Counterforce Inc. v. Volpe, 2009 CanLII 18675 (ON SC):
Hence, where the negative covenant principle has been applied in Canadian law, it has been limited to the clearest of cases, where the negative covenant is without doubt negative, enforceable, and breached. See, e.g. Button v. Jones, [2002] O.J. No. 476.
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