Beach O' Pines
Encyclopedia
Beach O' Pines is a private gated community
located on the shores of Lake Huron
in Lambton County, Ontario
, Canada
. Beach O' Pines was the site of what is considered one of the most important real estate and civil rights cases in Ontario and Canadian history, in which the Supreme Court of Canada
struck down a restrictive covenant
that restricted ownership of a section of land to "persons of the white or Caucasian race".
Beach O' Pines is located just outside of the community of Grand Bend
, Ontario
, and is bordered by to the northwest by Lake Huron
, the southwest by the Pinery Provincial Park
, the northeast by the subdivision of Southcott Pines, and the southeast by the Old Ausable River Channel, Highway #21, and the subdivision of Huron Woods.
case where the decision of the court struct down a restrictive covenant that restricted ownership to the properties inside Beach O' Pines to "persons of the white or caucasian race". The case began in April 1948, when Bernard Wolf signed an agreement to buy a cottage property in Beach O' Pines. A title search of the property by his lawyer discovered the restrictive covenant in the original property deed.
The covenant restricting the ownership of the property was upheld by the Ontario Court of Appeal and was overturned by the Supreme Court of Canada
in a vote of 6 to 1 because the language used in the text was ambiguous.
Gated community
In its modern form, a gated community is a form of residential community or housing estate containing strictly-controlled entrances for pedestrians, bicycles, and automobiles, and often characterized by a closed perimeter of walls and fences. Gated communities usually consist of small residential...
located on the shores of Lake Huron
Lake Huron
Lake Huron is one of the five Great Lakes of North America. Hydrologically, it comprises the larger portion of Lake Michigan-Huron. It is bounded on the east by the Canadian province of Ontario and on the west by the state of Michigan in the United States...
in Lambton County, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Beach O' Pines was the site of what is considered one of the most important real estate and civil rights cases in Ontario and Canadian history, in which the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
struck down a restrictive covenant
Restrictive covenant
A restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property...
that restricted ownership of a section of land to "persons of the white or Caucasian race".
Beach O' Pines is located just outside of the community of Grand Bend
Grand Bend, Ontario
Grand Bend, often referred to as simply "The Bend" or "GB," is a Southern Ontario community located on the shores of Lake Huron and a part of the municipality of Lambton Shores in the county of Lambton.Grand Bend is home to a variety of stores and eateries...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, and is bordered by to the northwest by Lake Huron
Lake Huron
Lake Huron is one of the five Great Lakes of North America. Hydrologically, it comprises the larger portion of Lake Michigan-Huron. It is bounded on the east by the Canadian province of Ontario and on the west by the state of Michigan in the United States...
, the southwest by the Pinery Provincial Park
Pinery Provincial Park
The Pinery Provincial Park is a park located on Lake Huron near Grand Bend, Ontario. It occupies an area of 25.32 square kilometres ....
, the northeast by the subdivision of Southcott Pines, and the southeast by the Old Ausable River Channel, Highway #21, and the subdivision of Huron Woods.
Noble v. Alley
Noble v. Alley was a famous Supreme Court of CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case where the decision of the court struct down a restrictive covenant that restricted ownership to the properties inside Beach O' Pines to "persons of the white or caucasian race". The case began in April 1948, when Bernard Wolf signed an agreement to buy a cottage property in Beach O' Pines. A title search of the property by his lawyer discovered the restrictive covenant in the original property deed.
The covenant restricting the ownership of the property was upheld by the Ontario Court of Appeal and was overturned by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
in a vote of 6 to 1 because the language used in the text was ambiguous.
See also
- Grand Bend, OntarioGrand Bend, OntarioGrand Bend, often referred to as simply "The Bend" or "GB," is a Southern Ontario community located on the shores of Lake Huron and a part of the municipality of Lambton Shores in the county of Lambton.Grand Bend is home to a variety of stores and eateries...
- Lake HuronLake HuronLake Huron is one of the five Great Lakes of North America. Hydrologically, it comprises the larger portion of Lake Michigan-Huron. It is bounded on the east by the Canadian province of Ontario and on the west by the state of Michigan in the United States...
- Pinery Provincial ParkPinery Provincial ParkThe Pinery Provincial Park is a park located on Lake Huron near Grand Bend, Ontario. It occupies an area of 25.32 square kilometres ....
- Noble v. AlleyNoble v. AlleyNoble v. Alley [1951] S.C.R. 64 is a famous Supreme Court of Canada decision where the Court struck down a restrictive covenant that restricted ownership of a section of land to "persons of the white or Caucasian race"....
- Supreme Court of CanadaSupreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...