I am almost 100% certain that it's based on the percentage at the closing time (and date) of the waiver period that the order is calculated....BUT...I'll be damned if I can find out for sure. I did some google searching and couldn't come up with proof one way or another. Now it's really bugging me, lol.
NHL CBA says that the order of waiver priority is determined at the time in which waivers are requested. Also stipulates that a request for waivers must be in by 12:00pm EST at which point teams have 24 hours to respond to that request.
So if a player is placed on waivers at noon, games which happened that evening don’t have any impact on the order for waiver claim.
In the case of Fabbro, who was waived at noon EST on November 9th, the points percentage following the end of games on November 8th would be used to determine waiver priority.
So the Oilers had priority over Columbus but didn’t put in a claim.