What is the legal test to find implied waiver?

With respect, this ground of appeal engages different standards of review. The legal test to find implied waiver is an extricable question of law and is reviewable on a correctness standard. If the application judge articulated the correct legal test, his application of the test to the evidence is also a question of law and is also to be reviewed on a correctness standard. If he identified and applied the test properly, his findings on whether there was an implied waiver are to be reviewed on a palpable and overriding error standard (See McPherson v. Campbell, 2019 NSCA 23, ¶18 and cases cited therein). Analysis