Representative Mandates
Western University: Characterization of unpaid tuition under the BIA
This case set a precedent in its findings that (i) unpaid tuition constituted a debt in the nature of a student loan under the Bankruptcy and Insolvency Act (“BIA”), such that it is not released upon a student’s discharge from bankruptcy; and (ii) the conferring of a degree by the university is a purely discretionary matter, and not one of right in this case.