J. Robert Leblanc

Malmac Enterprises Inc., a mortgagee in possession, sought a declaration that West Bay Road is an access road under the Road Access Act and an injunction to prevent Melissa and Nicola Alkhoury from blocking access to property 600 West Bay Road.

The Alkhourys, owners of the adjacent property 590 West Bay Road, had repeatedly blocked the road which traverses their land.

The court found West Bay Road to be an access road and that the Alkhourys' barriers prevented all road access to the property.

The Alkhourys had also failed to comply with Minutes of Settlement to construct an alternate access road.

The court granted the declaration and injunction, restraining the Alkhourys from blocking the road, except as permitted by the Act.

A bankrupt applicant sought an order under s. 178(1.1) of the Bankruptcy and Insolvency Act declaring that the statutory non-dischargeability of student loan debt under s. 178(1) did not apply.

The court considered the applicant’s circumstances, including long‑term financial hardship, limited earning capacity, and significant personal and medical challenges.

Applying the statutory two‑part test, the court was satisfied the applicant had acted in good faith in connection with the student loans and continued to experience financial difficulty that would prevent repayment.

The court concluded the statutory criteria were met and granted relief permitting the discharge of the student loan debt.