Is a plaintiff’s inability to collect wages for December a forfeiture of his right to wages?
Saskatchewan, Canada
The following excerpt is from Knight v. Ducklow Motors Ltd., 1926 CanLII 157 (SK CA):
It is not in my opinion accurate to describe the plaintiff’s inability to collect wages for December as a forfeiture of his right to wages, for he had no such right to forfeit. His right to wages for that month never materialized. Neither can an offer by the defendants to pay these wages be described as a waiver of their right to forfeit such wages. In a legal sense, there were no wages to forfeit and no forfeiture to waive. A waiver signifies nothing more than an intention not to insist upon a right. Such intention in equity will not, without consideration, bar the enforcement of the right, unless it amounts to a release (Stackhouse v. Barnston, 10 Ves. Jun. 453 [32 E.R. 921]).
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