The applicant, Nicole Jean St. Dennis, sought a declaration that her student loan debt from her first period of post-secondary study was discharged by her assignment in bankruptcy.
The case required an interpretation of s. 178(1)(g)(ii) of the Bankruptcy and Insolvency Act, specifically determining when an individual "ceased to be a full- or part-time student" for the purpose of the seven-year delay period for student loan discharge.
The applicant advocated for a "multiple date approach," where the seven-year period runs from the cessation of studies related to the specific loan.
The respondent argued for a "single date approach," where the period runs from the last date of any studies.
The court adopted the multiple date approach, finding that the applicant ceased to be a student for the purposes of her student loans in October 2004, thus meeting the seven-year delay requirement before her December 2011 bankruptcy.
The application was granted, and the student loan debt was discharged.
