Patton v. Cappa, 2004 Can (II 42676 (QC. v.A.)
Mtre Desrosiers successfully convinced the court that the deceased person could bestow an immovable subject to a right of first refusal provision.
The court's decision to qualify the rights as personal had the effect of extinguishing this right when the property was transferred by will. Had the court decided otherwise and qualified the rights as real, the property would have been subject to a servitude, which could have been harmful to an eventual sale or full enjoyment of the property. In addition, the co-contracting parties could have defeated or bestowed by exercising their right of first refusal.