Meghan Butler

In an estate dispute concerning alleged breach of fiduciary duty by an attorney for property, the estate trustee moved to strike the defendant’s statement of defence and counterclaim due to failure to satisfy undertakings given on discovery.

The court held that although the motion was brought outside the timetable set at a trial management conference, the obligation to satisfy undertakings continues and the motion could still be heard.

However, striking pleadings is a drastic remedy reserved for cases of blatant disregard for court orders, which was not established on the facts.

The court instead ordered the defendant to comply with numerous outstanding undertakings, including production of banking and brokerage records and clarification of pleadings.

No costs were awarded.

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.