Restrictive Covenants Information

The following information has been compiled by a group of Rosemont residents and does not represent the Rosemont Community Association. The CA is sharing this information solely as a communication service to connect these residents with those who may have a Restrictive Covenant on their property and wish to exercise their legal rights in relation to nearby properties affected by Restrictive Covenants.

June 9, 2026 Update

Dear Rosemont Neighbours,

As a committee we have been working over the past two years to maintain the integrity of Rosemont as a community based residential neighbourhood. A development application for 70 and 74 Chelsea St. has been approved (May 28th by City Hall) DP2026-01173.  This application allows for 6 units and 3 garage spaces to be built on a lot that is currently a single-family bungalow. One of these properties (#70) has an existing restrictive covenant which applies to the entire application. We are fighting this development to preserve the character and qualities of the community we all currently enjoy.

At recent community meetings held May 12 and May 20, approximately 40 residents attended to discuss the proposed development on Chelsea Street. The majority of those in attendance agreed that the community should oppose the development. 

To support these efforts, the community has retained Curtis Marble, a lawyer with extensive experience representing communities involved in similar development disputes, as well as Carol McClary, a former employee of the City's Development Department. Carol will represent the community before the Appeal Board, which is one of the first steps in the process. Curtis will initially be sending a demand letter seeking to halt the development while the community pursues its concerns through the appropriate channels. Curtis would also serve as legal counsel in pursuing an injunction to enforce the existing restrictive covenant, should it be determined that such action is both feasible and necessary, and if the appeal process with the City is unsuccessful.

As you can imagine, there are significant costs associated with this process. Our objective is to proceed as effectively and efficiently as possible, taking one step at a time and incurring only those expenses necessary to achieve the desired legal outcome: preventing the development. Carol McClary's services will be provided on a flat-fee basis of approximately $2,500. The information and analysis she prepared can also be utilized by Curtis in support of the legal strategy. Legal counsel is billed at a rate of $600 per hour, so it is important that we maintain a reserve fund to cover anticipated legal expenses as the matter progresses.  By carefully managing the process and resources, we aim to ensure that the community is well represented while pursuing all reasonable avenues available to protect the neighbourhood's interests.

To ensure transparency and accountability, a dedicated bank account has been established with two signatories from separate households. Funds will only be accessible with the approval of both individuals:

  • Kris Olsen

  • Gudrun Nielsen

We are asking those that can contribute $500 but any contribution would be sincerely appreciated.

To support this process, you can send contributions by e-transfer to rosemontcovenant@gmail.com. If needed, cheques are also accepted and can be made payable to Rosemont Covenant and delivered to Kris Olsen at 72 Roseview Drive NW, T2K 1N7.

If we do not act on this development we may lose the ability to act on one closer to you or that concerns you in the future. Thank you for your support and commitment to preserving the character of our community. 

Sincerely,

Rosemont Restrictive Covenant Committee

Questions:  Jean Blackstock (403) 305-9447

For more information on resident-led initiatives regarding Restrictive Covenants, please contact restrictivecovenantrosemont@gmail.com