Can a waiver be waivered?
British Columbia, Canada
The following excerpt is from Majormaki Holdings v. Wong, 2007 BCSC 1399 (CanLII):
While a mere allegation as to a state of affairs in which a party may have received legal advice is insufficient to constitute a waiver, waiver will be deemed to have occurred where, by its pleadings, a party puts its state of mind with respect to its legal position at issue: see Pacific Concessions v. Weir, 2004 BCSC 1682.
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