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Sunday, February 07, 2016
Saskatchewan Justice

The Land Contracts (Actions) Act implements procedural requirements before an action for foreclosure of a mortgage or cancellation of an agreement for sale respecting land can be taken.

A person who wants to take an action must first give 30 day's notice to the Provincial Mediation Board of his or her intention. Then, the person must apply to a judge to set a date to hear the application for permission to commence the action.

Notice of the hearing is to be served on the registered owner of the mortgaged land, or on the purchaser in the case of an action under an agreement for sale of land, as well as on any person, other than a tenant, in personal occupation of the land. This includes anyone farming the land whether or not they live there. Notices must be served at least 15 days before the hearing.

The judge has wide discretion on an application for leave to commence an action. For example, the judge may require the parties to the proceedings to give information about the value of the land, the state of cultivation of the land, and the income and assets of the parties. The judge may also adjourn the hearing from time to time for periods not exceeding eight months in total, may vary any order, including an order for adjournment, stay an order, order any party to the application to pay costs or any part of them, and may grant or refuse an application.

The refusal to grant an application does not prevent another application being made for leave to commence the action. However, any order of the judge may be appealed to the Court of Appeal within 15 days after the date of the order. A notice of appeal must be given to the other party four days before the appeal hearing. There is no appeal from the Court of Appeal except on a question of law.

If the mortgagor (land owner) is a corporation, the corporation may agree to waive the Act or its benefits or rights. Otherwise, any such agreement is invalid.

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