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Friday, October 31, 2014
Saskatchewan Justice

The Limitation of Civil Rights Act limits a creditor's right to enforce an agreement for the sale of land or a mortgage.

If a court has ordered cancellation of an agreement for sale or sale of the land, or foreclosure of the mortgage, the creditor is entitled only to the amount received from the sale or foreclosure but not to any money in addition if those funds are insufficient. The court order operates as full satisfaction of the debt.

This Act does not apply where The Saskatchewan Farm Security Act applies. In addition, lands or goods specified under The Exemptions Act are exempt from seizure.

If a tenant has an option of buying land and has not fulfilled any condition of the purchase, the lessor's right is restricted to recovery of the reasonable rental value of the land as determined by the courts.

In the case of the sale of goods, the Act provides that the seller's right to recover any unpaid amount is restricted to the seller's lien on the item sold and his or her right to repossession. However, an action to take possession of a washing machine, stove, heater, sewing machine, refrigerator or freezer held as collateral security for failure of the debtor to make a payment is prohibited without an application to the Court of Queen's Bench.

The judge may make such orders as he or she deems just, including ordering the delivery of the property to the secured party, or postponing the order subject to payment or fulfillment of such other conditions by the debtor as the judge deems fair.



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