Background: The case involved easements and restrictive covenants on the property titles of David Andrew Madsen Carmichael and Shawna Jodine Dawe's property. The legal dispute centered around whether these could be cancelled under s. 35 of the Property Law Act.

Legal Issues: The petitioners sought to cancel an easement and a restrictive covenant that granted Tara Layne Pearson various usage rights detrimental to the petitioners' possessory interests. They argued that the easement significantly detracted from their possessory rights and contained unenforceable positive covenants. Further, they contended that the easement and covenant were attempts to circumvent subdivision restrictions under s. 73 of the Land Title Act.

Held: Justice Tammen ruled that the easement and restrictive covenant were invalid. It was concluded that the easement granted Pearson excessive control over the land, effectively negating the petitioners' ownership rights. The restrictive covenant was deemed unnecessary once the easement was set aside.

Costs/Damages: The court declared both the easement and restrictive covenant unenforceable and ordered their cancellation. The petitioners, David Andrew Madsen Carmichael and Shawna Jodine Dawe, were successful and awarded costs at Scale B, though the total amount wasn't specified in the document summary provided.