Can a condition precedent be waived if the buyer of a property arranged financing on or before 30th November 1975?
British Columbia, Canada
The following excerpt is from Sky Ranches Limited v. Nelson, 1977 CanLII 387 (BC SC):
At the trial a considerable amount of argument was directed to the question as to whether or not this was a condition precedent and if so could it be waived by the plaintiff. However, I have found that the buyer did arrange the financing on or before 30th November 1975 so there is no need to analyze the rather complicated case law on this topic as it exists in Canada, The obtaining of financing was a condition which was met and not a condition or condition precedent that was waived: Barnett v. Harrison, 1975 CanLII 33 (SCC), [1976] 2 S.C.R. 531, 57 D.L.R. (3d) 225 at 247-48, 5 N.R. 131.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
Is a buyer entitled to return the deposit money paid by the buyer to the buyer? (British Columbia, Canada)
Can a person whose equitable interest in a property is being challenged give value for their legal interest in the property? (British Columbia, Canada)
What are the conditions of a conditional discharge for common assault? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Is a joint tenant of a property owned by a deceased spouse entitled to claim the property from the deceased? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
Are judicial review proceedings a condition precedent to a damages action for abuse of power? (British Columbia, Canada)
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
