Is a true condition precedent a valid condition precedent?
Ontario, Canada
The following excerpt is from Georgina Island Development Inc. v. Neale, 2008 CanLII 30302 (ON SC):
The rule in Turney v. Zhilka, supra, provides that a true condition precedent cannot be waived by either party without express reservation of a power of waiver. On the record before me I find that the present circumstances are in accordance with the reasoning of this rule.
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