Recent Trends In Leave Applications: The Saskatchewan Farm Security Act

Section 9(1)(d) of The Saskatchewan Farm Security Act ("SFSA") prohibits creditors from commencing an action against farm land without first obtaining an order of the Court.

Before such an application can be made, however, the creditors must first complete a lengthy process that includes:

• serving a notice on the farmer and the Farm Land Security Board ("FLSB");
• waiting the prescribed 150 days; and
• participating in a mandatory mediation with the farmer that is conducted by the FLSB.

If no arrangement is concluded, the FLSB prepares a written report to the Court commenting on, among other things, whether the farmer:

On the subsequent application, the creditors have the burden of establishing either of these factors, failing which the application is liable to be dismissed, forcing the creditors to start the process over again.