Foreclosure involves lengthy legal proceedings taken in the Court of Queen’s Bench and is governed by several statutes, including The Land Contracts (Actions) Act (the LCAA). The LCAA is consumer protection legislation intended to protect borrowers by requiring lenders to obtain leave of the court before starting foreclosure. The protection is provided as time: time to bring the mortgage up to date, refinance, or sell the property before foreclosure or judicial sale or, if that is not possible, time to find alternative accommodation. The LCAA is 70 year old legislation, having been enacted in 1943. This Final Report considers the steps required by the LCAA for non-farm land mortgages and recommends reforms to better protect borrowers in current conditions.
The Land Contracts Act is meant to protect consumers by requiring leave of the court before a mortgagee may start foreclosure proceedings. The Commission reviews the steps required by the Act for residential mortgages and considers whether they remain necessary or desirable. It suggests approaches that might be taken for reform of the Act and invites responses.
To address the problem of light pollution, municipalities could enact by-laws and the province could enact provincial minimum standards. Appendices of American legislation addressing this issue and a sample by-law from the Royal Astronomical Society of Canada are included.
This paper focuses on policy options available for the province with respect to solar access legislation. The three most relevant policy issues for Saskatchewan include legislation to define solar easements, legislation to allow a board to grant solar access rights in appropriate cases, and zoning regulations that include solar access.
At present, only trust companies are permitted to act as corporate trustees, executors, and administrators in Canada. However, trust companies have increasingly become multi-purpose financial institutions. The trust and fiduciary part of their business has diminished in importance. At the same time, because of our aging population, more people require assistance to manage the wealth they have accumulated over a lifetime, and may require a variety of fiduciary services. In other jurisdictions, including the United States, Britain, and other Commonwealth countries, trust and fiduciary services are more widely available, and more varied in content. This consultation paper examines the law governing corporate trustees and fiduciaries in Saskatchewan, and asks whether the monopoly on trustee services currently possessed by trust companies is still necessary. This project is part of the Commission’s focus on legal issues affecting the elderly.
This Report is concerned with the maintenance of public confidence in the real property system, and whether and how title insurance might affect that public confidence. The Commissions identified two separate aspects of maintaining that confidence:
(1) consumer protection; and
(2) protection of public infrastructure.
The Commissions make a number of recommendations that they believe will both protect the interests of individual purchasers and protect the existing public system of land registration, while guaranteeing as much freedom of choice as is compatible with those goals.
Reverse mortgages can provide access to home equity for cash-poor seniors, but critics suggest that the true cost of these loans is high, and that borrowers forced to move for health or other reasons may find the reverse mortgage to be a problem. The Commission recommends regulation, including disclosure requirements to insure that consumers are fully informed about the effects of reverse mortgages.
Recreational activities such as hunting, fishing, hiking and cross-country skiing often take visitors onto private or Crown land without the permission of the landowner. A landowner may be liable for injuries to visitors even if they are trespassers. The Commission recommends reducing liability of landowners who are not operating commercial recreation facilities.
Reverse mortgages allow seniors to use equity in their homes while remaining in the home. The interest is allowed to accumulate, and is paid off when the person dies or leaves the home. There are various benefits and drawbacks to reverse mortgages. The Commission looks to regulation of these loans, including the need for full disclosure and independent advice and counselling.
The Manitoba and Saskatchewan Law Reform Commissions consider title insurance and its effect on both individuals and the public interest in residential real property transactions. Some conveyance practices have been found to be inefficient and unsecure, and suggestions are made to improve security of title without causing delay or difficulty in transfer
This paper is a companion to theTrustees Act: Proposals for Reform (2002) and addresses the powers of personal representatives who are not trustees as defined in The Trustee Act. The Commission recommends including some provisions garnered from existing statute in The Administration of Estates Act and omitting other out-dated provisions, in effect replacing the Devolution of Real Property Act.
This report, issued in December, 2002, completes the Commission’s project on the law of trusts. It is the product of an extensive research program that included circulation of consultation papers on aspects of the law of trusts for comment from the bar and public. The report recommends adoption of a modernized Trustees Act reflecting the contemporary needs of settlors,
The law regarding the partition of land is governed by English legislation rather than Saskatchewan statute, with a few exceptions. The existing Farming and Communities Land Act and the Matrimonial Property Act contain out-dated and obscure reasoning, and clarification on the partition and sale of land is recommended. The Commission recommends that a Partition and Sale Act be adopted in Saskatchewan.
The Commission recommends that common law relationships be included under The Matrimonial Property Act. People in same-sex common law cohabitation relationships should be able to opt into the system. In addition, the province ought to consider a scheme under which cohabitees, whether in a sexual relationship or not, may choose to be governed by the legal rules that apply to families.
The Statute of Frauds requires that many sorts of contracts be evidenced in writing and signed by those bound. The Commission suggests that these requirements are necessary only in the case of contracts for sale of land. It recommends that The Statute of Frauds be repealed and that provisions regarding the sale of land be included in The Land Contracts (Actions) Act.
After fifteen years of experience with the Matrimonial Property Act, the Commission recommends amendments to correct problems of implementation. Clear definitions of matrimonial property and value ought to be included to avoid problems in the division of matrimonial property. Provisions ought to be introduced to address the status of gifts and inheritances received during the marriage.
Saunders v. Vautier established the rule that beneficiaries of a trust can call upon the trustee to terminate the trust and distribute the trust property as they direct. The Commission’s recommendation is to abolish this rule in Saskatchewan by amending The Variation of Trusts Act. The Commission believes that modification of a trust should occur only with court approval under the Act.
Distress allows a landlord to seize and sell a tenant’s goods to satisfy arrears in rent. It is a remedy fraught with uncertainty and in need of integration into the personal property security regime. The Commission recommends abolishing distress in its current form, and replacing it with a new system that would allow a landlord’s interest in rental payments to be converted into security interests.
This Report considers changes to the proposed Personal Property Security Act since publication of Tentative Proposals for a New Personal Property Security Act. These proposals follow a December 1990 Commission publication that recommended repealing the existing Personal Property Security Act and replacing it with a new Act. Changes were made to the proposed Act as a result of extensive discussion and developments since publication.
Though The Personal Property Security Act has functioned well for the seven years it has been in place, it is in need of sufficient amendment to warrant its repeal and replacement. Most importantly, this approach would allow harmonization of the personal property security law of Western Canada. The Commission proposes a draft of a new Act.
Saskatchewan’s out-dated consumer credit legislation needs to be reformed to better address the needs of consumers. This is a final report based on the Commission’s earlier tentative proposals. The Commission recommends enactment of two statutes: The Consumer Credit Act and The Pawnbrokers Act. These proposals reflect current thinking in the area of consumer protection.
This Handbook offers an in depth look at the Saskatchewan Personal Property Security Act. Information is provided on the content of the Act, including basic explanations of the provisions of the Act and of relevant case law that has emerged. The authors offer their opinions on the strengths and weaknesses of the legislation and provide commentary where appropriate.
The complexity of the law of perpetuities and accumulations can lead to unexpected and undesirable results. Social concerns originally justifying the rules no longer obtain. The Commission thus concludes that the rule against perpetuities and accumulations ought to be abolished
Marriage is now seen as a partnership between two people who expect to share in the obligations and benefits of their union. Matrimonial property legislation should be amended to reflect the current view. The Commission outlines basic principles it believes ought to guide any change to the legislation.
Ademption resulting from equitable conversion has had unjust consequences for beneficiaries. This report proposes amendment of The Wills Act to provide that when a testator enters into an agreement for sale of devised property, the beneficiary takes the interest of the testator under the agreement, mortgage or option agreement.
The Matrimonial Property Act, though a significant improvement over foregoing legislation, retains some flaws. The Commission recommends that the Act be amended to correct these flaws and to better reflect current ideas of marriage as a partnership.
Under the common law, wives had no legal status as persons apart from their husbands. While this has been reformed by statute, the Saskatchewan Married Persons’ Property Act does not create legal equality between married men and women. This report reviews some discriminatory sections and recommends that an Equality of Status of Married Persons Act be enacted to simplify and modernize the law.
The application of the Limitation of Actions Act creates specific problems in real property transactions subject to the Land Titles Act. The Commission recommends repealing the sections of the Limitation of Actions Act that deal with agreements for sale. Amendments to the Land Titles Act would also help clarify matters.
There are still examples of discrimination on the basis of marital status within Saskatchewan statutes. Married women are presumed dependent on their husbands in many provincial laws enacted in the early 1900s. Reform is needed to abolish this assumption.
A legal framework on personal guardianship is needed to protect elderly and mentally disabled people in need of care. The Commission recommends that this area of law be reformed so that personal guardians can be appointed for people who cannot take care of themselves, whether or not property management is involved.
The Commission recommends the enactment of The Occupiers’ Liability Act as set out in this report. The law as it stands currently is unnecessarily complex. Enacting this proposal can mitigate the confusion in the law.
The enactment of an Occupiers’ Liability Act is proposed in this Report. The law as it stands is unnecessarily complex. Enacting this proposal would mitigate the confusion in the law.
The Law Reform Commission submits draft legislation for a Personal Property Security Act. The proposed Act follows work in other Canadian jurisdictions and the United States in harmonizing personal property security agreements. Where possible, the Commission attempts to modify and adopt, rather than replace, existing law.
The division of matrimonial property is inadequate in Saskatchewan law. This report contains recommendations concerning the exercise of judicial discretion and co-ownership of the matrimonial home.
This report follows the Commission’s tentative proposals on personal property security law. Draft legislation is included to introduce the technical proposals. Background information on basic characteristics of the proposed Act is also included.
A personal property security transaction occurs when a person borrows money or purchases something on credit and gives the lender or seller security for the debt. The law in this area has developed chaotically. As a result, the Commission has decided to undertake a study of personal property law in the province with a final report to be submitted to the Attorney General.
This Report makes proposals that are predicated on the idea that marriage is a partnership of equals in which contributions are made by both the husband and wife. Contributions will vary between cases and over time. Consequently, the distribution of property requires a combination of certainty and flexibility.
This Working Paper outlines a variety of approaches to remedying the unfairness in matrimonial property law. The present law of matrimonial property is unfair as it does not allow recognition of the wife’s role. In response to this out-dated and complex law, the Commission outlines a variety of approaches that have been recommended or implemented in other jurisdictions. Approaches can be classified as discretionary, fixed, composite or patch-up.
Over the last decade, there has been an increased awareness of the rights of women. The law does not adequately address these issues. This minor paper is the first of three on the division of matrimonial property. The Commission discusses current law in Saskatchewan and its problems.
