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ARTICLE · 28 APRIL 2026

Millhouse Farms: How Using Leased Equipment Bound The Borrower Without A Signed Certificate Of Acceptance

Miller Thomson
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When a borrower takes possession of leased farm equipment, uses it for a full harvest season, and makes payments—but never signs the certificate of acceptance—can the lease still be enforced? The Saskatchewan Court of Appeal addressed this exact question in Millhouse Farms Inc. v De Lage Landen Financial Services Canada Inc., reaffirming that acceptance by conduct can complete a contract even when formal paperwork remains incomplete.

CanadaLitigation, Mediation & Arbitration
Dustin Gillanders
Dustin Gillanders
Kristen Ward
Kristen Ward
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Introduction

When a borrower never signs the certificate of acceptance, can you still enforce the lease if they've taken the equipment, used it for a season, and made payments? That's exactly the scenario the Saskatchewan Court of Appeal confronted in Millhouse Farms Inc. v De Lage Landen Financial Services Canada Inc., 2026 SKCA 21 ("Millhouse Farms"). This dispute over a farming equipment lease reaffirmed core principles of contract formation under Saskatchewan Law.

For commercial lenders and equipment lessors, the decision is a useful reminder that acceptance by conduct can complete a contract even when the paperwork is incomplete, and that courts will look at what the parties actually did, not just what they signed, when enforceability is challenged.

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