Waiver of breach
A waiver of breach is a party's choice, made expressly or by conduct, not to rely on a particular breach of contract by the other party, for example by accepting late payment or performance without objection. A waiver usually requires clear knowledge of the breach and an intention to give up the right to enforce it.
How BC law treats it
Courts in BC require clear evidence that a party knowingly gave up its right before finding a waiver. Contracts usually include a non waiver clause stating that waiving one breach is not a waiver of any other breach, and that waivers must be in writing.
What it means for your business
If you accept late or incomplete performance, say in writing that you reserve your rights.
Risks and common mistakes
Repeatedly accepting late payments without reserving rights can make it harder to enforce strict deadlines later.
For the full explanation, see our entry on Waiver.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
