Fraser River Pile and Dredge Ltd. v Can-Dive Services Ltd.

Ability: Crystalization

Once Can-Dive’s rights under the waiver crystallized (i.e., when the loss occurred), those rights could not be revoked by a subsequent agreement between A and B.

Third Party Contract • 10×

1. Intent of the Contracting Parties to Extend to 3rd Party: In this case, explicit. 2. Scope of Activities: Can-Dive’s role as charterer was activity contemplated by the waiver clause.