If a waiver is ineffective against any of the class members, does this have any effect against the class?
British Columbia, Canada
The following excerpt is from Haghdust v. British Columbia Lottery Corporation, 2013 BCSC 16 (CanLII):
If the waiver is ineffective, then it has no effect against any of the class members. The effectiveness of the waiver per se is a matter that is common to any of the class members who signed the waiver. Either way, determining the effectiveness of the waiver moves the litigation forward: Lam v. University of British Columbia, 2010 BCCA 325 at para. 55-60, 321 D.L.R. (4th) 150, Finch C.J.B.C.
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