Saskatchewan is the only common law province that requires any pre-action process for foreclosure. In the other judicial sale and foreclosure provinces, the lender begins foreclosure by serving and filing the statement of claim or equivalent originating document with the court. When compared to provinces using power of sale as the primary method of foreclosure, the addition of the LCAA to standard judicial sale and foreclosure proceedings may appear particularly arduous. The interprovincial variation, even from other judicial sale and foreclosure provinces,may cause confusion to lenders operating in multiple jurisdictions.
The general trend in other law reform agency recommendations is toward less process and speedier resolution. The agencies indicate that the balance between lender and borrower rights should be more even, and that a minimum amount of process will still provide the necessary protection to the borrower.
(Refer to Part 6.)