Onward and Upward: More Support from BCSC in dealing with Restrictive Covenants Preventing High-Density Development

In a recent article, Jacob Gehlen wrote about the decision in Smith v Clearwater, where the BC Supreme Court exercised its discretion under section 35 of the Property Law Act (the “PLA”) to cancel a restrictive covenant prohibiting multi-family development. Recent court decisions have addressed several similar matters, including DBKS Homes Ltd. v Taylor, 2025 BCSC 1202, where the […]