J. 2000 SKQB 190 QB A.D. 2000 No. 49/2000 J.C.M.J. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF MOOSE JAW BETWEEN: ROYAL BANK OF CANADA, and GERARD ROBERT ALDRIDGE, RESPONDENT R. Shawn Smith for Applicant Gerard R. Aldridge for self FIAT MACDONALD, J. April 26, 2000 This application under Section 2 of The Saskatchewan Farm Security Act requires consideration of the following points in relation to the provisions of Act; 1) The purpose of The Saskatchewan Farm Security Act as set out in Section of the Act. 2) The motion materials filed by the applicant are deficient and ought to a least include; a) copy of the notices of intention with proper proofs of service. b) copy of the documents preporting to be the “equitable mortgage” to which the materials filed refer. (2) c) certified copy of the title to the land in question to establish that the “equitable mortgage” is registered and that the proper parties are before this court. d) all material intended by the applicant to be used to discharge the burden of proof described in Section 18 of the Act. e) specific deposition as to whether the land in question is or has been “homestead”. 3) The Farm Land Security Board ought to complete it mandatory tasks under Section 12 under the Act and provide its report in the format described in the legislation. The apparent refusal by the respondent to provide information should not be allowed to derail the process of financial review as information is available from other sources to deal with the matters in Section 12 (12)(a) and (b). The review if necessary could express the limitations evident from any refusal by the respondent to participate. The Board may apply incentives to the respondent to participate by following the procedures in Sections 12(4), (5) and(7) of the Act. 4) The deficiency in the applicant’s motion might ordinarily merit simple dismissal of the application, but Section 20 of the Act would then give the respondent grace period of one year. This result would be unwarranted given that the scheme of the legislation is to encourage discussions between debtors and creditors and the only material before me indicates that the respondent has refused to participate in the discussions on the mortgage issues. 5) Accordingly, the application is adjourned to August 21, 2000 at 1:30 p.m. and leave is given to each of the applicant and respondent to file further materials. The Farm Land Security Board is requested to provide its report to the court following the procedures set out in Section 12 of the Act, by that same date. 6) No costs to any party. 7) The registrar is instructed to send copy of this fiat to the Farm Land Security Board.
This application under s.2 of the Saskatchewan Farm Security Act (SFSA) requires the Court to consider a number of points in relation to the act. The applicant's materials are deficient. Several necessary documents must be filed. In addition, the Farm Land Security Board has not completed its mandatory tasks under the Act. HELD: Application adjourned and leave is given to each party to file further materials. The Farm Land Security Board is requested to provide its report to the Court. Ordinarily, the deficiency in the applicant's motion might merit dismissal, but the Act would then give the respondent a 1 year grace period. This result is unwarranted given that the scheme of the legislation is to encourage discussions between debtor and creditor and the respondent has refused to discuss mortgage issues. Further, the respondent's refusal to provide information should not be allowed to derail the process of financial review by the Farm Land Security Board. No costs to any party.