What is the test for a right of performance in a contract where an event has not yet occurred?
British Columbia, Canada
The following excerpt is from Argo Ventures Inc. v Choi, 2019 BCSC 85 (CanLII):
Where there is a true condition precedent, such that the obligations under the contract, on both sides, depend upon a future uncertain event, the happening of which depends entirely on the will of a third party, there is no right of performance on either side until the event occurs: Zhilka v. Turney, 1959 CanLII 12 (SCC), [1959] S.C.R. 578 at 583-584.
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