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ARTICLE · 29 MAY 2019

Agricultural Law Netletter - Thursday, March 7, 2019 - Issue 414

Miller Thomson
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Saskatchewan Court of Appeal has dismissed an appeal from the decision of a Chambers justice who refused to grant the application of farmers for relief from forfeiture by postponing a Lessor's

CanadaFinance and Banking
Brian Kaliel K.C.
Brian Kaliel K.C.
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HIGHLIGHTS

  • Saskatchewan Court of Appeal has dismissed an appeal from the decision of a Chambers justice who refused to grant the application of farmers for relief from forfeiture by postponing a Lessor's right to seize farm equipment so that they could use the farm equipment to plant and harvest their 2018 crops. The Court observed that the automatic stay of an appeal under the Saskatchewan Farm Security Act had rendered the Appeal moot. The appeal could not be heard until after the farmer's 2018 farming operations had been substantially completed. The court directed the farmers to deliver the leased equipment to the Lessor "without further delay" and rejected the farmers' arguments that the Chambers judge had erred in fixing the amount owing under the leases. (Naber v. Calidon Financial Services Inc., CALN/2019-005, [2018] S.J. No. 506, Saskatchewan Court of Appeal)

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