A review of covenants affecting land will guide the practitioner from the doctrines that underlie covenants, to how covenants arise, to their operation and to their enforcement. Whether you are new to the practice of real property law or have had extensive experience, this program will be a practical, immediate aid to your daily practice, and an ongoing future reference. A panel of outstanding speakers will explore the formation of covenants as contracts and interests in land, the doctrine of privity of contract and privity of estate in the context of leases, mortgages, condominiums and municipal agreements, and much more. Not to be missed.

Focus:  A review of covenants affecting land will guide the practitioner from the doctrines that underlie covenants, to how covenants arise, to their operation and to their enforcement. Whether you are new to the practice of real property law or have had extensive experience, this program will be a practical, immediate aid to your daily practice, and an ongoing future reference. A panel of outstanding speakers will explore the formation of covenants as contracts and interests in land, the doctrine of privity of contract and privity of estate in the context of leases, mortgages, condominiums and municipal agreements, and much more. Not to be missed.

Highlights:
• Privity of contract and privity of estate
• Positive covenants, restrictive covenants
• Easements
• Leasehold covenants
• Covenants and the condominium,
• Covenants and municipal agreements
• Covenants, representations, conditions and warranties
• Covenants and the agreement of purchase and sale
• Covenants and title registration — implied covenants
• Covenants and The Limitations Act

   Webcast Available

9:00 am Introductory Remarks

9:10 am Privity of Contract and Privity of Estate
• Covenants as contracts and interests in land
• Assignability of benefits
• Assumption of burdens
The Honourable Mr. Justice Paul M. Perell, Superior Court of Justice

9:30 am Positive Covenants
• Enforceability of positive covenants
• Amberwood
• Alternate mechanism to enforce
Craig R. Carter, Fasken Martineau DuMoulin LLP

9:50 am Restrictive Covenants
• Which covenants run with the land?
• What are the requirements to make them enforceable?
Jeffrey W. Lem, Davies Ward Phillips & Vineberg LLP

10:10 am Easements
• Comparing and using easements and covenants
• Which covenants run with the easement?
• Enforcing positive covenants in easements
Jeremy G. Johnston, Retired Counsel, Fraser Milner Casgrain LLP; Doctoral Student, Osgoode Hall Law School

10:30 am Break

10:45 am Leasehold Covenants
• Covenants that run with the lease
• Personal covenants
• Assumption agreements
• Non-compete covenants
Natalie Vukovich, Daoust Vukovich LLP

11:05 am Covenants and the Condominium
• Positive covenants enforceable by condominium corporations
• Covenants in declaration
Stephen M. Karr, Harris, Sheaffer LLP

11:20 am Covenants and Municipal Agreements
• Nature and enforcement of covenants under municipal agreements
Leo F. Longo, Aird & Berlis LLP
11:35 am Covenants, Representations, Conditions and Warranties
• What are the differences between each concept?
• What are the available remedies for breach?
Bradley N. McLellan, WeirFoulds LLP

11:50 am Covenants and the Agreement of Purchase and Sale
• Vendor’s liens
• Purchase deposits
• Merger
TBA

12:05 pm Covenants and Title Registration — Implied Covenants
• Statutory covenants
• Enforcement
• Covenants in patents
Maurizio Romanin, LawyerDoneDeal Corp.

12:20 pm Covenants and The Limitations Act, 2002
• Discovery and discoverability where covenants concerning land are in question
• The limitations periods applicable to private covenants
• Continued and repeated defaults on covenants
Jonathan F. Lancaster, Fasken Martineau DuMoulin LLP

12:35 pm Mortgage Covenants
• Enforcement of mortgage covenants against assignees
• The Mortgages Act
• Enforcement of covenants against the mortgagee
Richard Horodyski, Gowling Lafleur Henderson LLP – Hamilton

12:50 pm Question Period / Concluding Remarks

1:00 pm Program Concludes