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Re Noble and Wolf [1948] OR 579 (HC)

Facts:

A covenant that land should not be sold or transferred to Jews, Hebrews, Semitic, Negro, or coloured race or blood.
Wolf, an interested purchaser applied to have the covenant rendered invalid based on the fact it was against public policy.
This time cottage members from the surrounding property defended the covenant.

Issue(s):

Is this covenant against public policy?

Ratio:

Common law rights are not to be deemed abrogated by statue, unless the legislation intent to do so is express.

If there is any doubt that there is a prevailing public policy, the benefit of the doubt is extended to the contract.

Analysis:

To extend public policy to invalidate this covenant is wrong.
*If there is any doubt as to the prevailing public policy or its effect, it is deemed to be the duty of the court to extend the benefit of the doubt to the contract which the supposed public policy is claimed to supersede.

Holding:

The covenant is valid and enforceable. Motion dismissed.


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