Share on LinkedInShare on LinkedIn

ARTICLE · 07 NOVEMBER 2005

Case Comment: BNY Capital Corp. V. Katotakis

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Contributor
Borden Ladner Gervais LLP

Borden Ladner Gervais LLP

With over 750 lawyers, intellectual property agents and other professionals, BLG services...

View firm profile
Explore more from Borden Ladner Gervais LLP

This is a case comment on the Ontario Court of Appeal’s February 23, 2005 decision in BNY Capital Corp v. Katotakis (2005), 1 B.L.R. (4th) 168

CanadaLitigation, Mediation & Arbitration

Originally published July 2005

This is a case comment on the Ontario Court of Appeal’s February 23, 2005 decision in BNY Capital Corp v. Katotakis (2005), 1 B.L.R. (4th) 168.

The decision concerns rights of first refusal in a shareholders’ agreement. It stands for the proposition that "superior proposal" conditions in selling notices are not contrary to rights of first refusal.

FACTS

BNY Capital v. Katotakis

arose from a shareholders’ agreement between Stamos Katotakis, William Waters, together with their corporate entities, and BNY Capital Corporation. Between them, they held over 80% of the shares of Financial Models Company Inc. The shareholders’ agreement contained rights of first refusal and rights of first offer with respect to the shares in Financial Models.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from