Andrews v. Rago: Restrictive Covenants — "Forever" in Ontario Really Means "40 Years"?

Summary

This practice note discusses the decision of the Ontario Superior Court of Justice in Andrews v. Rago, [2019] O.J. No. 917 (S.C.J.) ("Andrews"), which addressed the question of whether a restrictive covenant which was granted "forever" (without a fixed expiry date) really lasts forever or is deemed to have expired 40 years after registration. First, this practice note briefly explains the meaning of a restrictive covenant and describes s. 119(9) of the Land Titles Act, R.S.O. 1990, c. L.5 ("LTA"), which provides for the deemed expiry of certain restrictive covenants. It then reviews the facts and the legal analysis in the Andrews case in some detail, including the court's interpretation of s. 119(9) of the LTA. Finally, this practice note discusses the practical implications of the Andrews case.