Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 SEPTEMBER 2017

Agricultural Law Netletter - Thursday, September 7, 2017 - Issue 379

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

The Bank of Montreal ("BMO") brought an application for the appointment of a receiver for a beef farm owned and operated by Linden Leas Limited ("Linden Leas").

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
Author LinkedIn connections

Issues added on the 7th and 21st of every month.

HIGHLIGHTS

  • A Justice of the Nova Scotia Supreme Court has dismissed a farmer's application to strike out a bank's application to appoint a receiver, on the grounds that the bank failed to comply with the 15 day notice provisions under the Farm Debt Mediation Act. The Justice did so firstly because there was a factual issue with respect to whether the notice was delivered in time to allow 15 days' notice, and secondly because 5 years had passed since the alleged defect in service had occurred during which many steps had been taken, including a Farm Debt Mediation, and a forbearance agreement pursuant to which the bank had agreed to forbear taking legal proceedings if certain payments were made by the farmer. The Justice indicated that waiver and estoppel may overcome the effects of insufficient notice and prevent farmers from arguing that proceedings are "null and void" as a result of non-compliance with FDMA notice

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Canadian Income Tax Source Deductions And Payroll Taxes: What Every Foreign Employer Needs To Know

Foreign companies hiring Canadian employees or allowing remote work from Canada face immediate payroll obligations that begin the moment employment duties are performed on Canadian soil. Understanding income tax source deductions, CPP and EI premiums, provincial payroll taxes, and director liability rules is essential for compliance, regardless of whether the employer maintains a physical Canadian presence.
CanadaTax
Miller Thomson
Miller Thomson
Article

Quebec’s Bill 24: New Consent Requirements For AI Generated Advertising And The Legal Risks Business Cannot Afford To Ignore

Quebec's new Bill 24 prohibits businesses from using a person's identity or image in consumer advertising without consent, creating significant compliance obligations for companies using AI-generated content, synthetic voices, and digitally altered spokespersons. The legislation introduces broad enforcement powers and extends liability beyond content creators to platforms that distribute or facilitate unauthorized representations.
CanadaConsumer Protection
Miller Thomson
Miller Thomson