Why You Shouldn’t Worry About The Recent Carruthers Caveat Decision

On February 6, 2026 a Justice of the Court of Kings Bench discharged the Carruthers caveat from two contiguous Glenora lots. The Carruthers Caveat refers to a restrictive covenant that was placed on properties in Glenora in 1911. The covenant restricts development on each lot to one private dwelling.

Recently the City Of Edmonton rezoned properties in Glenora along the new LRT line. The rezoning restricts what can be built on the lots and specifically prevents any new private dwelling houses to be built.

There is a specific section of the Land Titles Act that applies to this issue. In interpreting that section the court concluded that the question comes down to whether anything new can be built on the lot that complies with both the restrictive covenant and the zoning. If so, the caveat is valid. If not the caveat should be discharged if it is in the public interest to do so.

In Windsor Park most lots are zoned RS , small scale residential. New private dwellings can be built on lots zoned RS. Therefore a new restrictive covenant restricting development to private dwellings is not inconsistent with what can be built pursuant to the existing zoning. While the recent decision will have repercussions in Glenora, in Windsor Park it supports the validity of restrictive covenants under the current zoning.