Summary

Keywords

Bankruptcy and Insolvency — Procedure — Appellant seeking to have student loan debt released through the proposal process — What is the correct interplay between the phrase “date on which the bankrupt ceased to be a full- or part-time student” under BIA s. 178(1)(g)(i) and the scheme of the regulations under the CSLA and/or the CSFAA specifically noting that under those regulations it is specifically contemplated that a student may cease to be full- or part-time numerous times throughout studies, or afterward, and then apply to be reinstated to that status — Whether, or when she may have been reinstated to that status, or when she again ceased to have that status never to be reinstated to it, the courts below lacked a basis in fact on which to fix a date under s. 178(1)(g)(i) for purposes of determining whether BIA s. 178(1)(g) applied to her consumer proposal or not — Whether a creditor has the onus to prove by evidence that a person who has had a consumer proposal approved by her creditor and the court is by BIA s. 66.28 nevertheless subject to s. 178(1)(g).

Summary

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Between September 1987 and October 1994, the appellant, Izabela Piekut, obtained a series of student loans through a federal government program. She graduated in 1994 and obtained her teaching diploma the following year. The appellant received two further student loans in 2002 and 2003, when she earned a master’s degree. In 2008, the appellant enrolled in part-time studies, earning her second master’s degree in 2009. That time, she funded her studies herself, with no student loan. In October 2013, the appellant made a consumer proposal under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3. A certificate of full performance of that proposal was granted. In June 2019, the appellant applied to the court for a declaration that, by operation of law, she had been released from all debt and interest associated with her government student loans. Her application was dismissed. Her subsequent appeal was also dismissed.

Lower Court Rulings