Does an unconditional appearance by defendants waive an irregularity in an action?
Saskatchewan, Canada
The following excerpt is from Shebelsky v. Saskatchewan Government Telephones, 1959 CanLII 201 (SK QB):
Although it was not contended that by entering an unconditional appearance the defendants in the present case waived the irregularity, I feel I should make some observations on the case of Huber v. Szeles, supra, in view of the headnote in the case. It states: “The bringing of an action by an infant without a next friend is only an irregularity, which will be waived by an unconditional appearance by the defendant.”
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