Battle For Redevelopment: Restrictive Covenants vs. Municipal Planning Policies

Case citation: Howse v Calgary (City), 2022 ABQB 551, Howse v Calgary (City), 2023 ABCA 379

Before municipalities adopted statutory plans and land use bylaws, restrictive covenants were relied on mainly by developers and landowners to inform and control land development. Such private contracts are most commonly found registered on title to inner-city parcels first developed in the 1950s. As urban living evolves and regeneration strategies encourage the conversion of primarily single-family living to multi-use structures, a friction is brewing.

This rise in conflict between private covenants and public policies has resulted in Court intervention becoming increasingly necessary. Decisions from our Courts on this conflict, such as the recent Alberta Court of Appeal decision in Howse v Calgary (Calgary), provide valuable guidance to municipalities on the hierarchy between planning legislation and certain antiquated covenants and the steps that can be taken to ensure