MacLean (Re)

MacLean (Re)

Discharge is refused under s.172 because the debtor borrowed to finance medical education, failed to obtain the anticipated professional qualification or benefit, has been underemployed and did not demonstrate sufficient efforts or evidence to justify discharge; the debtor may reapply after October 1 upon providing detailed education, employment and job-search documentation.

Citation
2012 NSSC 24
Parties
Applicant/debtor: Brian Joseph MacLean; Creditor: Royal Bank of Canada; Trustee: PricewaterhouseCoopers Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 January 2012
Procedural Posture
Bankruptcy and Insolvency / Discharge Application (hearing Adjourned to Allow Reapplication)
Outcome
Discharge refused; reapplication permitted after October 1 subject to specified documentary evidence.
Legal Topics
Refusal of Discharge, Education Financed Debt, Section 172 BIA
Source Language
English
Bankruptcy and Insolvency Creditors' Rights Refusal of Discharge Education Financed Debt Section 172 BIA

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Parties

Brian Joseph MacLean

Applicant/debtor

Royal Bank of Canada

Creditor

PricewaterhouseCoopers Inc.

Trustee

Procedural Posture

Bankruptcy and Insolvency / Discharge Application (hearing Adjourned to Allow Reapplication)

Legal Issues

  1. 1 Whether discharge should be refused under s.172 of the Bankruptcy and Insolvency Act
  2. 2 Whether debts incurred to finance education justify refusal of discharge where debtor obtained little or no professional benefit
  3. 3 Whether debtor has demonstrated sufficient effort to obtain employment and repay creditors

Ratio Decidendi

Discharge is refused under s.172 because the debtor borrowed to finance medical education, failed to obtain the anticipated professional qualification or benefit, has been underemployed and did not demonstrate sufficient efforts or evidence to justify discharge; the debtor may reapply after October 1 upon providing detailed education, employment and job-search documentation.

Court Disposition

Discharge refused; reapplication permitted after October 1 subject to specified documentary evidence.

Orders

  • Discharge refused under s.172 of the Bankruptcy and Insolvency Act.
  • Applicant granted liberty to reapply after October 1 of the same year.