The first approach is a complete repeal of the LCAA, removing any foreclosure procedures before a statement of claim is issued and served on the borrower, and bringing Saskatchewan practice in line with the practice in other judicial sale and foreclosure provinces. By reducing the amount of process and judicial oversight, repeal of the LCAA would also bring Saskatchewan foreclosure practice closer to the practice in the extra-judicial sale provinces.
The purpose of the LCAA could still be achieved by other means, for example, a statutory “notice of default,” a statutory redemption period, or relying on the discretion currently available to the court.
(Refer to Part 7.1.)