Piekut v. Canada (Minister of National Revenue)
Izabela Piekut
Law Firm / Organization
Reedman Law
His Majesty the King in Right of Canada as represented by the Minister of National Revenue
Law Firm / Organization
Kowarsky Ritson LLP
His Majesty the King in Right of the Province of British Columbia as represented by the Minister of Finance

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 of Appeals for British Columbia
CA47755
Bankruptcy & insolvency
Respondent