Agricultural Law Netletter - Sunday, May 21, 2017 - Issue 372

HIGHLIGHTS

• A Saskatchewan Bankruptcy Registrar has conducted an in-depth review of Saskatchewan case law with respect to the facts which must be established to prove that a farmer is carrying on the "business of farming" under Part V of the Saskatchewan Farm Security Act, in relation to a claim that the farmer's homestead is exempt, and not subject to the claims of judgment debtors. The Registrar concluded that a third generation farmer whose primary income was from the operation of an off-farm business, and who had a limited income from the sale of forage crops, and a share of income from the sale of oats and straw harvested from his land for the 2 years preceding bankruptcy, was not carrying on the business of farming, and did not therefore qualify for the homestead exemption. (Trimble (Re), CALN/2017-045, [2017] S.J. No. 95, Saskatchewan Court of Queen's Bench)