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


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.


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


No, because it's not against public policy.


(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.


Condition not defeated.


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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