Background:
The petitioners, including Anoroc Holdings Ltd. and others, owned strata lots in the Cove Lakeside Resort in West Kelowna, B.C. A restrictive covenant required owners to rent their units through a single rental management system. They sought to cancel the covenant under Section 35(2) of the Property Law Act (PLA), arguing it was invalid and uncertain. The same covenant had been previously canceled for another unit in 585582 B.C. Ltd. v. Anderson.

Legal Issues:

1. Binding Precedent: The petitioners argued the decision in Anderson BCCA should apply, as the facts were similar. The respondent, 585582 B.C. Ltd., contested that the covenant was valid and different evidence existed in this case.
2. Issue Estoppel: The petitioners claimed that the respondent was estopped from relitigating the covenant's validity based on the Anderson case, while the respondent disagreed, stating the facts and parties differed.
3. Uncertainty of Covenant: The petitioners argued the covenant was an unenforceable "agreement to agree" with no clear terms. The respondent maintained that the covenant was clear and enforceable.

Conclusion:
The court found that the facts differed from Anderson, particularly because a disclosure statement and rental agreement existed before the covenant was registered. The court ruled that the restrictive covenant was not invalid for uncertainty and denied the petitioners' request.

Costs:
The court awarded costs to the respondent, 585582 B.C. Ltd., though the exact amount was not specified in the document.