3. Which functions of The Land Contracts (Actions) Act should be maintained and which are no longer necessary?

The second approach is a collection of reforms that, together, would restrict the application of the LCAA to primary residences and remove all of the pre-action procedures except for the actual application for leave to commence. Although presented here as a collection, these reforms could be implemented independently or in some other combination:

The first possible reform would amend the LCAA to only require leave to commence when seeking to foreclose on a primary residence.

The second possible reform would amend the LCAA to remove the obligation to serve a notice of intention on the Provincial Mediation Board before seeking leave to commence, by implication removing the obligation to wait 30 clear days following the service of the notice of intention before making an application to the court.

The third possible reform would amend the LCAA to remove the requirement of the lender to apply for an appointment for a hearing for leave to commence. As a result, a lender could start an action by applying to the court for leave to commence, without first making an application for an appointment.

(Refer to Part 7.2.)

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