What is the test for a "true condition precedent" in real estate?
Ontario, Canada
The following excerpt is from Wu, Re, 2006 CanLII 16344 (ON CA):
Turney v. Zilka and other similar cases involving “true conditions precedent” typically involve the interpretation of agreements for the purchase and sale of real estate and terms negotiated by the parties to allocate the risk of uncertain future events, such as planning approval, that are beyond the control of the parties but that will affect the value of the property that is the subject of the contract. That contractual setting is, in our view, distinguishable from the circumstances of the present case.
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