IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: Gardner (Re), 2010 NSSC 298
Date: July 27, 2010
Docket: B 34208
Registry: Halifax
District of Nova Scotia
Division No. 01 - Halifax
Court No. 34208
Estate No. 51-1171299
In the Matter of the Bankruptcy of Audra Grace Gardner
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LIBRARY HEADING
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Registrar: Richard W. Cregan, Q.C.
Heard: May 12, 2010
Written Decision: July 27, 2010
Subject: The bankrupt, a medical doctor, had financed her studies with a line of credit from a bank. From time to time she had to delay her studies because of depression. After graduating she began a Family Medicine Residency, but soon found that she had to take a leave of absence. She made an assignment and now asks to be discharged. She has been unable to work for the past year and a half and has been advised by her doctor to seek training in some less stressful occupation. It is not clear what she will be able to do or what course her health will take.
Issue: Should she receive an absolute discharge, be required to pay a significant sum into her estate or should her application be adjourned for a period of time?
The legal issue is whether there is a fact proven under Subsection 173(1) of the Bankruptcy and Insolvency Act, namely that mentioned in Paragraph (a). Specifically the question is whether the circumstances giving rise to her debts are such that she cannot justly be held responsible for them.
Result: It was determined that she could not be held responsible. She was granted an absolute discharge.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET .