The appellants appealed a trial judgment, arguing the trial judge erred in concluding they waived their right to sue for damages arising from a secret $50,000 payment because the doctrine of waiver was not pleaded.
The Court of Appeal dismissed the appeal, noting the trial judge alerted the appellants to the issue prior to argument, no objection was raised, and the appellants tolerated the circumstances for three years.
The court found no substantial wrong or miscarriage of justice.
