Is a right of first refusal included in the agreement?
Alberta, Canada
The following excerpt is from Whitney v. Re/Max of Western Canada (1982) Ltd., 1996 CanLII 10459 (AB QB):
But the Plaintiffs do not advance a claim for rectification to somehow include the right of first refusal into the agreement (the Defendant buying the franchise subject to that right) and they do not raise waiver or estoppel in their pleadings, so none of those are presently issues in this lawsuit. A trial courts jurisdiction is limited to adjudicating on the issues properly brought forward by the litigants: McBride v. Kolenko (1990), 115 A.R. 348 (Master). Three
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