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Re Noble and Wolf, [1949] 4 DLR 375 (Ont CA).

Facts:

Land developer specified in deed that it could not be used or sold to Jews or people of colour. Owner tried to sell it to a Jewish person, wanted ruling it was unenforceable.

Issue(s):

Is a racist and anti-semitic condition in a deed unenforceable for public policy reasons?

Ratio:

No, because it's not against public policy.

Analysis:

(Re Drummond Wren) Provision opposing Jews or others of "objectionable" nationality ruled void for contrary to public policy and uncertain. Distinguishable because:
-No time limit in that case
-No special use for lands

This is a summer community where the people innocently decided among themselves to exclude others.
-Interracial harmony is good but it can't be forced on people by laws.

Holding:

Condition not defeated.

Comments:

Concurrence 1: No public policy against this. Protect contract which is sacred. It's clearly certain.
Concurrence 2: Freedom of association.
Concurrence 3: Courts should be incredibly cautious when embarking on public policy.


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