People considering applying to modify or discharge a restrictive covenant in the Supreme Court may overestimate how long the process takes.

Based on a dataset of 50 recent matters–from the date of the originating motion to the date of final orders:

• 50% of cases are resolved within 109 days, or three and a half months; and
• 90% of cases are resolved within 266 days, or just under nine months.

At one end of the dataset a case was heard and determined within 8 days of the receipt of the Originating Motion. At the other end was a case that took 622 days. That case involved the construction of a regional sporting facility and the discharge of dozens of covenants.

From the date of instructions, the process typically requires one to two weeks to draft and file the originating process.