Court of Appeal win in Right of First Refusal on a Commercial Real Estate Sale

Jeremy D. West and Serena K.H. Lam of Watson Goepel’s litigation team, successfully defended the earlier Summary Trial win by Serena and founding partner Bob Watson, in the British Columbia Court of Appeal in Alim Holdings Ltd. v. Tom Howe Holdings Ltd., 2016 BCCA 84 (reasons released February 24, 2016).

The appeal concerned a right of first refusal on a commercial real estate sale. The court accepted the argument on behalf of Watson Goepel LLP’s client on issues of specific performance; duties of contracting parties to act in good faith; and negligent misrepresentation.

The case before the Court of Appeal turned largely on the interpretation of the word “and” in a commercial contract.

Click HERE to read the full decision.

If you wish to find out more about litigating commercial real estate agreements, including how to interpret a right of first refusal, please contact Jeremy D. West or Serena K. H. Lam of our Litigation Department.