Counsel for the residents is Peter Major of McLennan Ross. These homeowners represent 149 of 404 lots listed on the restrictive covenant as benefitted lands.
The participating Riverview residents have since been collectively identified in the style of cause of this legal action as: Jennifer Foy et al, and we will be identified as such going forward. The suffix “et al” means “and others” and includes all 149 homeowners, as the example shows.
At the time, counsel for the Cochrane Golf Club advised that they would consent to our request to be added providing that doing so did not preclude them from later challenging whether the restrictive covenant applied to each or any of the homeowners. Peter Major (our lawyer) agreed, as that is simply an argument they would always be entitled to raise in this dispute. No ground was given up to reach this agreement. The agreement to add homeowners as Respondents needs to be formalized by way of a Consent Order that will need to be approved by a Justice (it was).
At the time, counsel for the Cochrane Golf Club advised that they would consent to our request to be added providing that doing so did not preclude them from later challenging whether the restrictive covenant applied to each or any of the homeowners. Peter Major (our lawyer) agreed, as that is simply an argument they would always be entitled to raise in this dispute. No ground was given up to reach this agreement. The agreement to add homeowners as Respondents needs to be formalized by way of a Consent Order that will need to be approved by a Justice (it was).
