Legal Question in Credit and Debt Law in Canada

ontario and canada student loan

I have a large Student and Canada Student Loan (68,000) and have been on interest relief for a period of 2 years. I am still unable to afford repayment because I have married and moved out of the country (to Germany) where I am unemployed. I do not think I will be moving back to Canada in the next few years but I will be visiting. I understand I am no longer eligable for interest relief, as I have moved and gotten married. What are my legal options and, as important, the consequences of non-repayment? Thank you sincerely.


Asked on 1/20/08, 2:14 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: ontario and canada student loan

We can only answer with reference to British Columbia. However, the situation is very likely the same in Ontario.

If you do not pay, you will probably be sued. You can be sued in either of 2 places (1) where the loan originated or (2) where you reside at the time the lawsuit is commenced. Probably you will be sued in Ontario.

If you do not attend and defend the lawsuit, a default judgment will be granted against you. If you do defend, you may or not be successful; if you are not a judgment will be granted against you.

If a judgment is granted against you, it may be registered in Germany as Germany and most Canadian Provinces have an agreement to register and enforce each other's judgments. You can't defend against the German Courts enforcing the judgment (except on technical grounds, which are too complex to explain here and which probably won't apply in any event if the Ontario authorities do their job properly).

Once the German authorities register the judgment they can force you to pay, in a manner similar to the Ontario authjorities forcing you to pay. They can seize your assets; they can attach your earnings; and in some cases put you in jail if you do not pay.

While you may delay the matter, the outcome is probably inevitable,and yo should make arrangements to pay. It might even be that you will be required to declare your debts to the German authorities before being granted the right to live in Germany, and they may not allow you to move there until you have cleared them up. If you move there and are sued in Germany, they may be able to require you to leave. You must check with a lawyer familiar with the German approach to such things.

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Answered on 1/20/08, 3:43 pm


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