Washington Moyo and Siphiwe Mutindo v.
Registered Owners of Plan 0212889, Black 40, 43, and 44
Brookfield Residential Properties Ltd. (Formerly Carma Developments)

On March 22, 2018, Mr. Washington Moyo and Ms. Siphiwe Mutindo purchased the property located at 19 Prestwick Estates Link S.E. Calgary, AB. As part of its development, a caveat was registered against it. This Caveat, a restrictive covenant, requires that all properties developed under plan 0212889 are to set back garage construction at least 1.5m from the property line.

After purchasing their home, Mr. Moyo and Ms. Mutindo discovered that their new garage is only set back 1.37m and 1.4m from the property line, respectively. Knight LLP was then engaged to help address this unfortunate issue. In the fall of 2018 Knight LLP brought an Application seeking to have the restrictive covenant amended to exclude Mr. Moyo and Ms. Mutindo’s property from the garage set back requirements. We suggested this course of action both to minimize the cost of compliance to our client and eliminate the disruption that a demolition and new construction may have on their neighbors.

On October 22, 2019 Master J.T. Prowse, Q.C. confirmed that all persons who own property subject to plan 0212889 and located in blocks 40, 43, and 44 must be given notice to our clients’ proposed exemption before it may be granted. As a result, you received the letter which leads you here today. Below you will find links to download all materials that have been filed so far in this proceeding. Please do not hesitate to contact us if you encounter any issues in accessing the following documents.

We are happy to provide you with information regarding the foregoing matter, however we may not be able to provide legal advice specific to your circumstances. We recommend that you contact a lawyer for independent legal advice with any concerns you may have.

This matter has been adjourned to Tuesday April 30, 2019 at 10:00am at the Calgary Courts Centre, located at: 601 5th Street SW Calgary, AB.


20190326 (F) Originating Application

20190326 (F) Affidavit of Washington Moyo

20181022 (F) Service Order

20180430 (-) Plan 021 2889