Our lawyers understand the rapidly changing Saskatchewan market.

Business Practice

In business, planning ahead can be a good thing.

Business Practice

Need help sorting this one out?

Dispute Resolution Practice

We speak Bakken.

Land & Resources Practice

Gold looks different in Saskatchewan.

Land & Resources Practice

Insights

Insolvent or Bankrupt Farmers not protected by Part II of The Saskatchewan Farm Security Act against Secured Creditors

In Lemare Lake Logging Ltd. v 3L Cattle Company Ltd. and The Attorney General for Saskatchewan, the Saskatchewan Court of Appeal determined that Part II of The Saskatchewan Farm Security Act (The SFSA) is inoperative by virtue of the doctrine of federal paramountcy in circumstances where an application is made to appoint a receiver pursuant to s. 243(1) of the Bankruptcy and Insolvency Act (The BIA). Part II of the SFSA provides that a mortgagee must obtain an order from a court before commencing an action against a farmer mortgagor. Part II also sets out a number of steps that a mortgagee must follow before seeking an order and time restrictions. On the other hand, section 243(1) the BIA provides that on application by a secured creditor, a court may appoint a receiver to take possession of property of the insolvent or bankrupt person. The BIA only provides the timing restriction that a receiver may not be appointed before the expiry of ten days after the day on which the secured creditor provides notice of its intention. The Court found the effectiveness, and ultimately the purpose of s. 243(1) of the BIA was undermined by Part II of the SFSA. The Court found the BIA intended a receiver to act efficiently in the context of insolvency, as proceedings are time sensitive. Those entering into a agreement as, or with a farmer, should be aware that the decision in Lemare Lake Logging Ltd. v 3L Cattle Company Ltd. and The Attorney General for Saskatchewan allows the appointment of a receiver by a secured creditor without compliance with Part II of the SFSA in the event of insolvency or bankruptcy. ..

Read More

Court of Appeal Explains Courts' Powers to Appoint Estate Administrators

The Saskatchewan Court of Appeal has provided new clarity on the ability of courts to appoint estate administrators. In Sinclair v Sinclair, the Court heard an appeal brought by a brother against his sister, the executor of the estate. Each was an equal beneficiary, with the estate to be divided between them. The essential issue between the siblings was the brother’s wish to keep his mother’s house and the sister’s wish to sell it, as directed by the mother’s Will. (To further complicate their relationship, the siblings were also sole beneficiaries and co-executors of their father’s estate.) ..

Read More

Read More Insights

Careers

Our people are our greatest asset and the key ingredient to our ability to serve our clients. If you are interested in a career with a client focused organization that values its people Kanuka Thuringer LLP is the place for you.

Learn More about Careers with Kanuka Thuringer

"The great thing about Kanuka Thuringer is that as an articling student you are guaranteed a broad range of experiences. Throughout my articles I was given the opportunity to assist with many interesting files in a wide variety of practice areas."- Mya Osatiuk

Mya Osatiuk

Contact

Regina Office

Kanuka Thuringer LLP
Barristers and Solicitors

1400 - 2500 Victoria Avenue
Regina, Saskatchewan
S4P 3X2

Office Hours:
Monday-Friday
8 a.m. - 5 p.m.

Tel: 306.525.7200
Fax: 306.359.0590
Email: firm@ktllp.ca

Swift Current Office

Kanuka Thuringer LLP
Barristers and Solicitors

EI Wood Building, 350 Cheadle Street W
Swift Current, Saskatchewan
S9H 4G3

Office Hours:
Monday-Friday
8 a.m. - 5 p.m.

Tel: 306.773.4800
Fax: 306.773.0040
Email: firm@ktllp.ca