[22] ... According to the appellants, the motion judge applied too high a standard by requiring them to prove a specific intention to “eviscerate” the ROFR, a test set out in GATX Corp. v. Hawker Siddeley Canada Inc. (1996), 1996 CanLII 8286 (ON SC), 27 B.L.R. (2d) 251 (Ont. C.J.), at para. 72.
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