Frequently Asked Questions
Is there a cost to Class Members of joining the Class Action?
No.
Class Members (You) are not liable to pay any of the expenses of the litigation, whether lawyers' fees or costs. Recovery of costs and other expenses is contingent upon a recovery being obtained (meaning a settlement with York University is reached or damages are awarded by a court). If no recovery is obtained, Class Members will owe nothing for costs and other expenses.
The sole contingency upon which Juroviesky & Ricci shall be compensated is a recovery in the litigation (meaning a settlement with York University is reached or damages are awarded by a court), whether by settlement or judgment. Juroviesky & Ricci will request that the court approve legal fees of 25% of the total recovery in addition to the Juroviesky & Ricci reasonable disbursements in the litigation plus applicable taxes. "Disbursements" shall include but not be limited to costs of travel expenses, telephone, copying, fax transmission, depositions, investigators, messengers, mediation expenses, computer research fees, other computer service fees, court fees, expert fees, other consultation, class action and paralegal fees and expenses. Any recovery in the litigation shall first be used to reimburse disbursements.
In the event that the litigation is resolved by settlement under terms involving any "in-kind" payment, the contingency fee agreement shall apply to such "in-kind" payment.
What about the former Class Action filed against York University because of the strike in 2000?
In 2000, a Class Action was launched by the law offices of Polten & Hodder (Ciano v. York University). This action was dismissed by the Ontario Superior Court of Justice before it reached the Certification level. York University made a motion for Summary Judgment on the basis that there was no genuine issue for trial in that there was no “evidence of damages sustained as a result of the strike which was an essential element of the cause of action” and that “[l]oss of class time was not proof of the damages.”
The reason that our Class Action against York University is different than Ciano v. York University is that our claims arise from legislation whereas Ciano v. York University was based solely on common-law principles. Our claims are being made under the Consumer Protection Act, 2002 which was not in effect in 2000 when the previous Class Action was launched. Unlike in the Ciano v. York University action, under the Consumer Protection Act, 2002 actual damages need not be proven.
If I withdrew from my classes, am I eligible to sign up for the Class Action?
If you withdrew from your winter or fall semester classes and received a full refund of the tuition you paid, you continue to be eligible to sign up for the Class Action. However, any money you have already received from York University cannot be claimed again by signing up. If you have received a refund from York University, the only damages you may receive in the event of recovery in the litigation (meaning a settlement is reached or damages are awarded by a court) is the non-refunded tuition, and those damages outside of the tuition for which you already received a refund.
Additionally, if you have withdrawn from either your fall or winter semester at York University, and you have received no refund from York University, you are eligible to sign up.
Naturally, in the case where the action is unsuccessful, you may receive NO lost tuition or costs.
What if the “Back-to-Work Legislation” is passed?
If the “Back-to Work Legislation” is passed, it will have no effect on the Class Action itself. The action is based on the Consumer Protection Act, 2002, in that York University students are entitled to receive the level and quality of education that they were told they would receive upon paying their tuition. If the Striking Workers return to work, there will be no effect on the past three months and the detrimental effect the Strike has had on the quality of education York University Students would receive.
In the event of recovery in the litigation, what kind of damages are you seeking?
The Statement of Claim is currently seeking the widest range of damages possible. For example such items as loss of income; tuition reimbursement; reimbursement for housing; and other living costs, etc. However the court always has the ability to rule out certain types of damages in our claim, and as such, the claim for damages may be narrowed significantly by the court before or after Class Certification.
Should I return to classes at York University?
This action should have no effect on your decision to return to classes at York University in the event that the “Back-to-Work Legislation” is passed. Regardless of your personal choice of returning to York University or not, you will continue to be eligible to sign up for the Class Action.
May I be punished academically or otherwise by York University for my participation in this Class Action?
York University does not have a policy in writing (that was available to us), regarding expulsion for bringing a cause of action against the University. Nonetheless, everyone in Canada has a right to be able to pursue legal action against any organization, individual, or authority that breaches a contract or fails to provide a service within the specified terms of an agreement. York University is responsible for providing students with an education within and expected period allotted (as pleaded in the Statement of Claim), and any extension of the semester or term would be in violation of the agreement made between them and students. Unless Students agreed in writing to terms stating that York University may expel students and/or void their legal right to sue the school under a valid cause of action, then York CANNOT expel any students for participating in this Class Action and participating in a legal cause of action.
Furthermore, it’s highly unlikely that York is going to expel 20%+ of its student body for being members of an injured Class.