Part 12 published on 01/11/05
Rogers Agreement does not confer a right of first refusal
Rogers Cable Communications Inc. (“Rogers”) asserted that the agreement between Rogers and the Condominium Corporation conferred upon Rogers the right (a right of first refusal) to enter into a bulk services agreement on terms comparable to those contained in any such offer received by the Condominium Corporation from another supplier. The Court found that Rogers’ agreement did not confer any such right of first refusal. The Court found that the agreement only required that the Condominium Corporation delay entering into another agreement for a period of 10 days following notice to Rogers of the offer from the other supplier. After the 10-day delay, the Condominium Corporation was then free to enter into the agreement with the other supplier, if it so desired.