The appellants appealed a decision granting the respondent specific performance of a right of first refusal contained in a charge on a farm property.
The application judge had found that the right of first refusal survived the balance due date of the charge.
The Court of Appeal allowed the appeal, holding that the application judge erred in interpreting the term of the charge.
The Court concluded that the right of first refusal expired on the balance due date and was not binding when the property was subsequently offered for sale.
