On June 12, 2024, the Appeal Court of Alberta heard oral arguments regarding the Cochrane Golf Club's desire to remove a restrictive covenant restricting further non-golf development of their lands.
The hearing was presided over by:
- The Honourable Justice Patricia Rowbotham
- The Honourable Justice Jolaine Antonio
- The Honourable Justice Kevin Feehan
On June 26, 2024, the appellate court dismissed the CGC appeal. The restrictive covenant remains valid and enforceable.
I. Decision Overview
[1] Cochrane Golf Club Limited appealed an April 12, 2023 chambers judge’s order dismissing its originating application seeking discharge of a caveat registering a restrictive covenant against its golf club lands, which are adjacent to lands of the Town of Cochrane and residents of the Riverview subdivision of the town. It also appealed the dismissal of its application for a declaration that the covenant did not run with the land, was void or unenforceable, and constituted an expropriation.
[2] For the reasons listed herein, the appeal is dismissed.
Key points made by the Justices
[24] The golf course should not be allowed to take the full benefit of the 2006 agreement for which it bargained, build and sell the multi-family units for an income of at least $3.6 million, and later attempt to escape its corresponding obligations. That would not be a fair or reasonable outcome.
(30] The covenant is not "spent, unworkable, or obsolete", and the financial interests of the golf club do not make it so. The covenant continues to do what it was intended to do, which is to generally prohibit further commercial intrusions into the golf course after construction of the multi-family units in 2006, without a significant change in the needs of the town and the support of the residents.
V. Conclusion
[31] The appeal is dismissed.
Appeal heard on June 12, 2024
Memorandum filed at Calgary, Alberta
this 26th day of June 2024
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