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ARTICLE · 07 FEBRUARY 2024

Suspension Of Limitation Periods During Saskatchewan Farm Foreclosure Process

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Foreclosure allows lenders to recover debts by selling the property of defaulting borrowers. In Saskatchewan, this process provides special protections for farmers.

CanadaReal Estate and Construction
Jeff Lee
Jeff Lee
Shay Brehm
Shay Brehm
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The Legal Harvest: this is the second blog in a series that covers the latest developments in agriculture and food-related law, including litigation, legislation and regulations.

Foreclosure allows lenders to recover debts by selling the property of defaulting borrowers. In Saskatchewan, this process provides special protections for farmers.

The Saskatchewan Court of Appeal considered the suspension of limitation periods during the Saskatchewan farm foreclosure process in MFI Ag Services Ltd. v Farm Credit Canada, 2023 SKCA 30.

In this case, the lender commenced foreclosure proceedings by serving a Notice of Intention to Foreclose ("NOI") under section 12 of The Saskatchewan Farm Security Act, SS 1988-89, c S-17.1 ("SFSA") in March 2010. The farmer made a number of payments to the lender following service of the NOI and negotiated a repayment agreement. As a result, the lender did not proceed with an application pursuant to the NOI within the three-year

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