Can a notice of trial be served before a permit to continue the action has been granted?

In Maley v. Cadwell, the plaintiff had commenced action before the Act came into force, but before notice of trial had been served. The plaintiff applied for a permit to continue the action and in anticipation of receiving the same served notice of trial. The permit was not received before the date of trial so the plaintiff served notice upon the defendant that the notice of trial and entry for trial were not effective because of the provisions of the Act. The defendant immediately served notice upon the plaintiff that she waived the provisions of the Act and wished to proceed with the trial. The plaintiff did not participate in the trial and the defendant proceeded to obtain judgment on her counter-claim. On appeal, the judgment was set aside. In his reasons, Haultain, C.J.S., stated at page 54: By giving notice of trial before a permit to continue the action had been granted, he was laying himself open to a prosecution under s. 24 of the Act, and if he had not given the notice and had proceeded to trial, he would, undoubtedly, have been guilty of wilfully continuing an action in violation of the provisions of the Act, for which he would have been liable to a fine, or, in default of payment, to imprisonment, notwithstanding the so-called “waiver” by the defendant. I would therefore hold that the notice of trial was a nullity, being an illegal act, which could not be waived by the defendant and that the learned trial Judge was wrong in holding that the plaintiff had to proceed with the trial.