Stefan Zhelev

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.

The defendants moved for an order for security for costs against the plaintiff Quebec corporations, alleging insufficient assets in Ontario.

The plaintiffs conceded the need for security but contested the quantum, payment schedule, and holder of the security.

The court reduced the defendants' projected costs, determined security should be on a partial indemnity scale (60% of revised costs), and ordered staged payments into court.

The plaintiffs were awarded partial indemnity costs for the motion, having been successful on the contested issues of quantum and scheduling.

The responding party attempted to enforce two historical Ontario Municipal Board (OMB) orders regarding sewer extensions by initiating enforcement proceedings in the Superior Court without an originating process.

The moving party municipality brought a motion to strike the proceedings.

The court granted the motion, finding that the OMB has exclusive jurisdiction to enforce, vary, or rescind its own orders under the Ontario Municipal Board Act, and relief must be sought directly from the OMB.