What is the test for service in a restrictive covenant?
Alberta, Canada
The following excerpt is from Re Fear, 2005 ABQB 104 (CanLII):
Mr. Justice Slatter in Potts v. McCann [2001] A.J. No. 999, 2002 ABQB 734 at paragraph 21 said this about service: In proceedings to set aside or vary a restrictive covenant, it is necessary that all of the owners of the encumbered properties be parties to the proceedings. Those who are not applicants should be respondents.
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