Appellant
Respondent
Other
Background: Izabela Piekut obtained government student loans between 1987 and 2003. She pursued further studies, self-funded, and declared bankruptcy in 2013. In 2019, she sought a court declaration to be released from her student loan debt.
Issue on Appeal: The appeal focused on the interpretation of section 178(1)(g)(ii) of the Bankruptcy and Insolvency Act. The main question was whether the seven-year period for discharging student loans under bankruptcy law should start from the last date of being a full- or part-time student or from when the loans were disbursed.
Court Decision: The Supreme Court of British Columbia ruled against Piekut, stating the seven-year period started from the latest date she ceased being a student. The Court of Appeal upheld this decision, emphasizing the interpretation from a previous case, Mallory (Re), which aligned with the statute's plain language and legislative intent.
Legal Arguments/Issues: Piekut argued the period should start from the last date loans were received. The court maintained that the period started from the last date of being a full- or part-time student, regardless of whether those studies were funded by student loans. The ruling aimed to prevent "opportunistic bankruptcies."
Costs and Award: The appeal was dismissed. Both parties were ordered to bear their own costs, with no award in favor of the successful party.
Court
Court of Appeals for British ColumbiaCase Number
CA47755Practice Area
Bankruptcy & insolvencyAmount
Winner
RespondentTrial Start Date
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