What is the immunity of a debtor from forfeiture of his exemptions from the provisions of the Suspension and Condominium Act?

Saskatchewan, Canada


The following excerpt is from Burrows v. Johnston, 1928 CanLII 117 (SK CA):

The extent of the immunity from forfeiture of his exemptions which accrue to a debtor from such a statute, notwithstanding his misdealings with assets otherwise available for his creditors, is expressed as follows in an American decision: “This exemption is granted without any reference to the merit or demerit of the debtor. It is founded upon a policy that has no relation to the character or conduct of the parties claiming the benefit of it. It is to the interest of the state that no citizen should be stripped of the implements necessary to enable him to carry on his usual employment, and that families should not be made paupers or beggars, or deprived of shelter and reasonable comforts, in consequence of the follies, the vices, or the crimes of their head. The right to enjoy the benefit of the exemption does not in any manner depend upon the question whether the party is solvent or insolvent; whether he possesses other slaves or other property, or not; or whether he has or has not made a fraudulent disposition of other property, with intent to hinder and delay his creditors. The statute makes no such exceptions, and it is not for the court to ingraft them upon it.” [Moseley v. Anderson, 40 Miss. 49, cited in Freeman on Executions, 3rd ed., par. 24a, at p. 1127.]

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