Agricultural Law Netletter - Thursday, March 7, 2019 - Issue 414

HIGHLIGHTS

Saskatchewan Court of Appeal has dismissed an appeal from the decision of a Chambers justice who refused to grant the application of farmers for relief from forfeiture by postponing a Lessor's right to seize farm equipment so that they could use the farm equipment to plant and harvest their 2018 crops. The Court observed that the automatic stay of an appeal under the Saskatchewan Farm Security Act had rendered the Appeal moot. The appeal could not be heard until after the farmer's 2018 farming operations had been substantially completed. The court directed the farmers to deliver the leased equipment to the Lessor "without further delay" and rejected the farmers' arguments that the Chambers judge had erred in fixing the amount owing under the leases. (Naber v. Calidon Financial Services Inc., CALN/2019-005, [2018] S.J. No. 506, Saskatchewan Court of Appeal) NEW CASE LAW

Naber v. Calidon Financial Services Inc.;

Saskatchewan Court ofAppeal,

G.R. Jackson, N.W. Caldwell and R. Leurer JJ.A.,

December 28, 2018.

CALN/2019-005

Full Text: [2018] S.J. No. 506 | 2018 SKCA 103

Seizure of farm equipment — Saskatchewan Farm Security Act — Application for Relief against forfeiture.

Todd Naber, Colleen Naber, and Naber Specialty Grains Ltd. ("the Nabers") appealed to the Saskatchewan Court of Appeal from the decision of a chambers justice.

In January 2018, the Nabers brought an application pursuant to section 50 of The 2 Saskatchewan Farm Security Act, SS 1988-89 (the "Act") seeking relief from forfeiture with respect to farm equipment they had leased from Calidon Financial Services Inc. ("Calidon") so as to permit them to plant and harvest a crop in 2018 and thereby earn the funds to pay Calidon. The chambers judge dismissed their application and ordered them to deliver the leased equipment to Calidon without further delay (Naber v. Calidon Equipment Leasing, 2018 SKQB 84, CALN12018-009). The chambers judge held that the Nabers had failed to establish either their inability to pay arose from temporary circumstances or that postponing forfeiture for a period of eight months (which is the time they had requested) was reasonably temporary in nature.

Chambers judge's order which gave effect to the judgement was taken out on March 14, 2018. Before Calidon could act on the order by seizing the leased equipment, the Nabers filed a Notice of Appeal.

The effect of filing the Notice of Appeal was to stay the Order.

After the Order was stayed, the Nabers...