Page ContentThis 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. Case Comment - BNY Capital Corp v. Katotakis - Rights of first refusal in a shareholders’ agreement.