How have courts interpreted the principle of waiver in a personal injury case?
Ontario, Canada
The following excerpt is from Trillium Motor World v. General Motors et al, 2014 ONSC 1338 (CanLII):
Perell J. relies on Simkoff v. Simkoff, 2009 MBCA 80 (CanLII)¸which articulates the principle in a similar way: However, a mere reference to the receipt of legal advice does not constitute waiver. Waiver must involve something more. It requires not simply disclosing that legal advice was obtained, but pleading reliance on that advice for the resolution of an issue.
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