Forster v Forster
Glenn Maximillian Forster
Law Firm / Organization
Carson & Co.
Lawyer(s)

Grant Carson

Patrick Ross Harold Forster
Law Firm / Organization
Cuelenaere LLP
Lawyer(s)

Jay D. Watson

Marthe Louise Forster
Law Firm / Organization
Cuelenaere LLP
Lawyer(s)

Jay D. Watson

Background:
The farmland comprised 14 parcels held as tenants in common. The partnership between Glenn and Patrick ended in 2015, with no agreed division of land. Glenn claimed Patrick failed to fulfill a verbal agreement to divide the land in 2017, prompting the application under The Farming Communities Land Act (FCLA).

Legal Issues:

  1. Glenn argued for partition under the FCLA, claiming it resembled English partition laws.
  2. Patrick and Marthe opposed, asserting that arbitration clauses in the Partnership Agreement and subsequent contracts ousted the court's jurisdiction.
  3. The court also examined whether "jointly engaged farming operations" under the FCLA existed.

Court Findings:

  • The court ruled that the FCLA prerequisites were unmet as the parties were not jointly engaged in farming at the time of the application.
  • The arbitration clauses were not dispositive but were left for resolution under the competence-competence principle.

Conclusion and Costs:
The application was dismissed. While typical costs exceeded $2,000, the court reduced costs to $1,000, awarded in favor of Patrick and Marthe, citing their delay in initiating arbitration.

Court of King's Bench for Saskatchewan
KBG-MF-00007-2023
Real estate
$ 1,000
Respondent