The moving party sought an order under section 178(1.1) of the Bankruptcy and Insolvency Act to release her student loan debts, which survived her 2012 bankruptcy discharge.
The court found that while the moving party acted in good faith, she failed to provide sufficient evidence to prove that she would continue to experience financial difficulty to such an extent that she would be unable to repay the debt.
The motion was dismissed due to significant gaps in the evidentiary record regarding her and her partner's employment and financial circumstances.