What is the test for acquiescence in a motion for consent?
Alberta, Canada
The following excerpt is from Barker v. Budget Rent-A-Car of Edmonton Ltd., 2011 ABQB 127 (CanLII):
It is necessary that the acquiescing party must act in full knowledge of its legal rights. Secondly, the party raising acquiescence must show that it has suffered substantial prejudice as a result of it reliance on the acquiescence: Schnick v. Rosen 470 AR 359, 2009 CarswellAlta 46 at paras. 38‑39.
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