Rarotonga, 2010

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Contracts - Right of First Refusal (ROFR)

. Greta Energy Inc. v. Pembina Pipeline Corporation

In Greta Energy Inc. v. Pembina Pipeline Corporation (Ont CA, 2022) the Court of Appeal considered the contractual law of 'right of first refusal' (ROFR):
[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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