Noble v. Alley
Encyclopedia
Noble 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".
In 1933, Annie Noble had purchased a lot for a cottage in the Beach O' Pines
area on Lake Huron
. She decided in 1948 to sell the lot to Bernie Wolf, however, it was noticed that the original deed contained the following clause:
Though Wolf was Jewish, Noble still wanted to sell him the land and so they applied to the court to get the covenant nullified, but faced opposition from the "Pines" community.
Noble and Wolf argued that the recent decision of Re Drummond Wren, where the Ontario Court struct down a discriminatory covenant. However, At trial and on appeal the courts upheld the restriction.
The Supreme Court, in a six to one ruling, held that the convenant was invalid. They agreed with the lower court's dismissal of Drummond Wren and instead looked at the law of restrictive covenants and held that the language used in the restriction on alienation was too uncertain.
, an analogous case decided by the United States Supreme Court.
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...
decision where the Court 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".
In 1933, Annie Noble had purchased a lot for a cottage in the Beach O' Pines
Beach O' Pines
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...
area on 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...
. She decided in 1948 to sell the lot to Bernie Wolf, however, it was noticed that the original deed contained the following clause:
- (f) The lands and premises herein described shall never be sold, assigned, transferred, leased, rented or in any manner whatsoever alienated to, and shall never be occupied or used in any manner whatsoever by any person of the Jewish, Hebrew, SemiticSemiticIn linguistics and ethnology, Semitic was first used to refer to a language family of largely Middle Eastern origin, now called the Semitic languages...
, NegroNegroThe word Negro is used in the English-speaking world to refer to a person of black ancestry or appearance, whether of African descent or not...
or coloured race or blood, it being the intention and purpose of the Grantor, to restrict the ownership, use, occupation and enjoyment of the said recreational development, including the lands and premises herein described, to persons of the white or Caucasian race not excluded by this clause.
Though Wolf was Jewish, Noble still wanted to sell him the land and so they applied to the court to get the covenant nullified, but faced opposition from the "Pines" community.
Noble and Wolf argued that the recent decision of Re Drummond Wren, where the Ontario Court struct down a discriminatory covenant. However, At trial and on appeal the courts upheld the restriction.
The Supreme Court, in a six to one ruling, held that the convenant was invalid. They agreed with the lower court's dismissal of Drummond Wren and instead looked at the law of restrictive covenants and held that the language used in the restriction on alienation was too uncertain.
Read Also
Shelley v. KraemerShelley v. Kraemer
Shelley v. Kraemer, 334 U.S. 1 , is a United States Supreme Court case which held that courts could not enforce racial covenants on real estate.-Facts of the case:...
, an analogous case decided by the United States Supreme Court.