Supreme Court

Decision Information

Decision Content

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

_________________________________________________________________

 

LIBRARY  HEADING

__________________________________________________________________

 

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 .

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.