HIGHLIGHTS
- An Alberta Master has granted summary judgment directing that farmland which had been held in the joint names of a father, his son and his daughter-in-law, be either transferred to the son and daughter-in-law irrevocably as joint tenants, or as sole owners, after the father purported to sever the joint tenancy. The Master concluded the evidence established that any resulting trust arising from the initial transfer of the farmland into the name of his son and daughter-in-law had been rebutted, and that his son and daughter-in-law had an absolute right to ownership of the land in any event. The Master also directed that a livestock brand registered in the joint names of the father and the son be transferred to the son if the father could not demonstrate that he still owned cattle. (Bos v Bos, CALN/2018-027, [2018] A.J. No. 1107, Court of Queen's Bench of Alberta)
- A Justice of the Saskatchewan Court of Queen's Bench has held that a farmer cannot oppose an application under s. 11 of the Saskatchewan Farm Debt Security Act for leave to commence foreclosure proceedings by arguing that the mortgage in question is not valid. The Court held that it was only required to consider whether it was reasonably possible for the farmer to meet his obligations under the mortgage and that he was making reasonable efforts to do so, as well as the other conditions stipulated by the SFSA. An objection to the validity of the mortgage because the lender failed to obtain a proper non-owning spouse declaration in compliance with the Homesteads Act (Saskatchewan) could only be made after the foreclosure action had been commenced. (Raymore Credit Union v Olson, CALN/2018-028, [2018] S.J. No. 340, Saskatchewan Court of Queen's Bench)
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Originally published in LexisNexis
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