Billington Barristers Obtain Emergency Injunction to Halt Home Construction in Violation of Restrictive Covenant

A homeowner purchased an executive home in an exclusive new residential development. A restrictive covenant protected all homeowners so that all homes in the community would be built to a particular style and standard. When it became clear that the home across the street was being built in violation of that restrictive covenant, Richard Hayles and Rick Billington, Q.C. obtained an emergency injunction to halt construction of those parts of the house that violated the restrictive covenant. The injunction, granted by Queen’s Bench Justice Bernette Ho prevented the owner and builder from completing the construction until the design was modified to comply with the terms that are incorporated into the land title for all owners in the community.