Can a restriction on the height of a house be interpreted as "not more than one storey in height"?

British Columbia, Canada

The following excerpt is from Hofer v. Guitonni, 2011 BCCA 393 (CanLII):

The appellants agree that the words of the restriction are free from ambiguity, but differ from the trial judge in their interpretation. They say that the words “not more than one storey in height” unambiguously reveal the intention of the drafters to preserve water views, relying on McCarten v. Davis, 2004 BCSC 962, where Mr. Justice Williamson found similar words to have that purpose. The trial judge distinguished McCarten on the basis that it involved the construction of a new home that clearly had two storeys of living space.

Other Questions

What is the legal test for a court to interpret the interpretation of the House of Commons Bill of Representatives in the context of cross-party legislation? (British Columbia, Canada)
What is the test for determining whether a member of a housing cooperative has a valid claim under the BC Housing Act? (British Columbia, Canada)
What is the case law in which a judge improperly interpreted a restrictive covenant to protect views? (British Columbia, Canada)
How have courts interpreted the interpretation of a "deposit clause" in standard form contracts? (British Columbia, Canada)
Can ICBC argue that s. 91 of the Insurance Code of Canada Act, s.91(1) of the Code of Civil Procedure, or s.92 of the Act, be interpreted in the context of statutory interpretation? (British Columbia, Canada)
Can a police constable walk down the sidewalk at the front of the house far enough to see the house number? (British Columbia, Canada)
What are the rules of interpretation in the interpretation of tax legislation? (British Columbia, Canada)
How has the Law Society of BC dealt with a case involving a lawyer’s attempt to avoid a restriction on his practice by concealing his non-compliance with the restriction? (British Columbia, Canada)
How has the BC government's policy of not funding interpretation services for deaf patients been interpreted in conjunction with receipt of medical care? (British Columbia, Canada)
Does a relationship between a brokerage house and a former client of the brokerage house constitute conversion? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.