Class Action Suit Against York Initiated by Law Firm

The law offices of Juroviesky and Ricci LLP have filed a class action lawsuit in the Ontario Superior Court of Justice against York University alleging widespread violations of the Consumer Protection Act and certain common law causes of action.

In general, the suit claims damages for losses suffered by students enrolled in full and part time programs at York University for the Fall/Winter 2008/2009 semester. For further details, please read the Press Release and the Statement of Claim (links found below).

You may join in on the class action suit by filling in a form at: http://www.yorktookmymoney.com/

The firm’s website is: http://www.jruslaw.com/

Contact the student organisers here: getourmoneyback@gmail.com

 

Please read the Retention Agreement before submitting your form.

 

YorkStrike2008 or any of its affiliated members do not endorse nor promote pursuing this action. We take no responsibility for the use, application or subsequent outcomes of the above information. Use at your own liability.

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80 Comments

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80 responses to “Class Action Suit Against York Initiated by Law Firm

  1. General Consensus

    Oh snap…

  2. James Sheldon

    And if they lose…?

  3. Russian Jew

    3rd comment

  4. @ James Sheldon

    Lawyers make their money, students will pay for these services regardless if their client wins or loses.

  5. Don’t see how they can win. In court, that is. But it’s a high profile case — so good for their business. And yet another poke in the already black-eye for York… So, York will probably settle.

  6. HIYA

    Yes no matter what, the lawyers will make their money of this case. The question is whether you will get any money out of this lawsuit…

  7. James Sheldon

    @ underhealingwaters

    So if I sign up and become one of the litigants, and we lose, I personally have to shell out some of my hard-earned money to pay the lawyers?

    MADNESS! inb4 MADNESS? THIS IS SPARTA!

  8. yamz

    “1. The Plaintiff is 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. If no recovery is obtained, the Plaintiff will owe nothing for costs and other expenses.”

  9. B

    I may be mistaken, but in a class action suit, lawyers only get paid if they win no?

  10. @ Yamz

    I made a mistake. Thank you for clarifying!

  11. tester

    underhealingwaters: why dont you read the details before posting. See below. Those who sue York really have nothing to lose.

    III. CONTINGENCY FEE AGREEMENT

    1. The Plaintiff is 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. If no recovery is obtained, the Plaintiff will owe nothing for costs and other expenses.

    2. The sole contingency upon which the Lawyers shall be compensated is a recovery in the Litigation, whether by settlement or judgment. The Lawyers will request that the court approve legal fees of 25% of the total recovery in addition to the Lawyers’ 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.

    3. 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.

  12. KH

    correct me if i’m wrong but it sort of seems like a win-win to participate. if they loose, we dont loose anything and if we do win then i cant imagine the legal fees will be more than what we would get back. not to mention, the more people involved the more likely york is to settle, no?

  13. Digital Media Student

    I am up for it. Who else?

  14. Hard

    Let’s go. Time to fuck Dr. Shoukri!

  15. arch

    let’s do it then.

  16. @ tester

    Honest mistake.

    -Basil

  17. Hard

    @ Basil

    No problem man.

  18. yorkstrike2008

    You do not pay anything. The laywers make their money only if they win.

  19. tester

    underhealingwaters: no worries. I see you already corrected before I corrected you.

  20. Glau

    I’m tempted to sign up.. is there anything to lose? Other than me giving out my personal info (ie. address..)

  21. Hallsters

    thats great news! i was actually talking to someone yesterday about this whole mess and he went to Dalhousie (sp?) and he said every year there was some sort of strike when he was there. So in his final year he and a few people convinced the student union to file a class action law suit against the university, once the school was slapped with the law suit they resolved the strike in a matter of 2 days. Perhaps this will be a wake up call to York and they will realize that they need to resolve this. Too many people have suffered a lot due to this strike.

  22. Mark E. Smith

    everybody check your york email

    Dear fellow students,

    As you most likely know by now, Premier McGuinty’s attempt to pass
    back-to-work legislation will probably fail today because the NDP is
    against the bill. The Ontario Legislature will therefore go through
    the normal steps of passing the bill which means going through first
    hearing, second hearing, and royal assent.

    Today a communication will be released from the Senate Executive very
    soon outlining how classes will resume in regards to the Ontario
    Legislature passing back-to-work legislation after receiving “royal
    assent”. Here are the official models being proposed by the University:

    Date of Royal Assent Return to Class

    Monday, January 26 Wednesday, January 28
    Tuesday, January 27 Thursday, January 29
    Wednesday, January 28 Friday, January 30
    Thursday, January 29 Monday, February 2
    Friday, January 30 Monday, February 2

    However, members of the Senior Administration believe that there is no
    way the government will allow the strike to go beyond next week.
    According to one senior Administrator, Premier McGuinty is frustrated
    and the NDP will have not have the capacity to go against public
    opinion forever (“the NDP will be committing political suicide”).

    The senior Administration therefore believes that classes will resume
    this Thursday, January 29.

    As a result:

    The final date to drop your fall courses without receiving a grade
    will be Thursday, February 5.

    The end date for fall classes will be on Tuesday, February 17.

    And exams will start on Wednesday, February 18.

    If we are to use the estimated start date of Thursday January 29, the
    Winter term will begin on Tuesday, May 19.

    That is all the information I have thus far. If you have any questions
    or concerns, please feel free to contact me personally at
    647-448-0576. We are committed to getting you back into your
    classrooms, and we will do everything in our power to keep you
    informed during these difficult times.

    Yours sincerely,
    Krisna Saravanamuttu
    VP Equity YFS

  23. Arjun Gandhi

    I am contemplating if I should do this

  24. Hallsters

    this part i don’t get ” If we are to use the estimated start date of Thursday January 29, the
    Winter term will begin on Tuesday, May 19.” this must be a typo….why would winter term begin in May? i hope they mean it would END May 19th

  25. Bob Sternman

    I am doing it. It might push York to come back to table and negotiate.

  26. G

    @ Hallsters

    Most likely a typo they probably meant March not May.

  27. someone

    what if the recovered costs are less than the expenses? then it’s my understanding that you will have to pay the lawyers out of your pocket…what are the chances of that happening?

  28. Kelso

    so the only way to get some money back is to join? if they win not everyone will get money back??

    i am not sure how these things work..

  29. Just Another Yorker

    For all of us applying to graduate schools later on, do we really want to be affiliated with a university that had a class action law suit filed against it? how is that helpful to us?

    and i doubt all the energy, and possibly even more money, spend on a lawsuit is worth the few thousand dollars we lost.

    what’s done is done. 50,000 of us should have mobilized to pressure the york admin and cupe3903 to keep this thing from going on this long. we didn’t.

    so we deal with our fate, quit whining and focus on doing the best we can do when we get back to classes. most profs will help with remediation. just talk to them.

    don’t dig yourself another hole.

  30. UnderGrad Int'l

    Wow, May 19? *cyber faint*

    Email her back and say serious typo! Is she tryna send ppl crazy?

  31. James Sheldon

    V. TERMINATION

    1. The Plaintiff may terminate this Agreement as to the Lawyers, with or without cause and without penalty, by providing the Lawyers with written notice of termination. The Lawyers may terminate this agreement if the Plaintiff fails to cooperate in the prosecution of this action.

    If at any time before the judgement you want out, just say so.

  32. Let's be realistic

    im in! already gave all my information, it’s time we fought for our rights!

  33. angrystudent

    Lawyer fees have to be paid out ofcourse, but if enough students join it could mean a lot less money to pay individually!

    Lets get our money back! I’m not paying thousands to sit at home and then work my ass for for a few months!!

    Is there any way of determining how many have signed up already/ what the fees will be per person? I am so in.

  34. caitron

    hey, just got another e-mail from YFS. there was “a slight typo” hahaha
    the winter term is set to start March 2nd.

  35. pass/fail

    im one of the pple who want the strike to end no matter what but u do realize that if they force the workers back now the problem itself will not have been solved and all of us should prepare ourselves for another LOOOOOOOOOONG strike in the near future!!
    im a second year student so this current strike will not affect me as it does with graduating students. However, if another strike were to happen in the next 2-3 years my life will probably be ruined!!

    i wanna get back as much as i can but they have got to solve this problem first!!!

  36. Let's be realistic

    @ angrystudent and everyone who signs up:

    i created the email

    getourmoneyback@gmail.com

    if anyone signs up for the class action lawsuit as well email me and we can figure out the numbers and organize!

  37. Hello, you peoples, you, *giggles*

    I internashnal students and like, i dont gets it, i payed 5 million rupees converted into currency of canadian$$$ and i am in calumet right now, giving jobs blow to like those low cast peopleezz..

    i dont gets it cupe doll sir, is strike over or like what? whhhhhhhhhhhhaaat….

  38. YorkIsAwesome

    This law suit is pathetic. Anyone who signs up for this is pathetic. Again, how is this strike York’s fault?

  39. WHO THE hell is tejaswi mowhlah or whatever? screw off you troll.

  40. FuckMeTwiceAdam

    Okay :S

    @ Tejaswi Mowlah

    You’ve been giving blow jobs to pay for rent or something?

    Basically Tejaswi the strike isn’t over until the bill is passed ?

  41. York Student

    I just read that CUPE 3903 paid its member $40 to be on Queen’s Park tomorrow!

    Why dont they do it for love? Oh probably because they dont even believe in their cause.

    UNION member: SHOW ME THE MONEY!!!

  42. I am a professor here people. It will be over by February 2nd. -Gary

  43. CupeDoll

    @ Tejawsi: I don’t know if you’re serious or not, but yes, I suspect it is far from over.

    I just got news from the exec at CUPE that we’re going to be asking for an injunction, meaning the strike is not going to be over soon, as we had hoped.

  44. FuckMeTwiceAdam

    @ CupeDoll

    ooo wait, whats tht you mean by injunction?

  45. 1styear@york

    This is ridiculous, I need to have some time to get back to York, this Thursday is a little too short notice, I need the weekend to get my things in order, so that I can be back at York to start on Monday. Honestly, it will be very difficult for a lot of us to get back so soon. You have already destroyed a chunk of our year, why give us this courtesy to start on a Monday fresh. Some of us have jobs that we need to give notice to, at least let us finish the week in peace. Even if we do start Thursday, I cannot possibly be back until the following Monday, so please don’t make us lose another day of school. Is there anything we can do about this, or is start back day out of our hands completely?

  46. someone

    we gettin’ arab money!!

  47. VICTORY

    This is to boost morale and make us even stronger in this everlasting fight against this imperialist monster

    Solidarity Forever

    Demand the Impossible

    Viva la Revolution
    Go CUPE Go

  48. VICTORY

    It doesn’t let me post the youtube video to let you guys see this video
    How can I post youtube videos here?

  49. compensation

    I agree. There are similiar students who feel they should be refunded and compensated. York has to take responsibilty for not providing what we payed for during this time- and extension into June is not the correct answer to many.

  50. support

    Full support in what you are trying to do!

  51. VICTORY

    Arise, you prisoners of starvation!
    Arise, you wretched of the earth!
    For justice thunders condemnation:
    A better world’s in birth!
    No more tradition’s chains shall bind us,
    Arise you slaves, no more in thrall!
    The earth shall rise on new foundations:
    We have been nought, we shall be all!
    ‘Tis the final conflict,
    Let each stand in his place.
    The international soviet
    Shall be the human race
    ‘Tis the final conflict,
    Let each stand in his place.
    The international working class
    Shall be the human race

    We want no condescending saviors
    To rule us from their judgment hall,
    We workers ask not for their favors
    Let us consult for all:
    To make the thief disgorge his booty
    To free the spirit from its cell,
    We must ourselves decide our duty,
    We must decide, and do it well.
    ‘Tis the final conflict,
    Let each stand in his place.
    The international soviet
    Shall be the human race
    ‘Tis the final conflict,
    Let each stand in his place.
    The international working class
    Shall be the human race

    No saviour from on high delivers,
    No faith have we in prince or peer.
    Our own right hand the chains must shiver,
    Chains of hatred, greed and fear.
    E’er the thieves will out with their booty,
    And to all give a happier lot.
    Each at his forge must do their duty,
    And we’ll strike the iron while it’s hot.
    So comrades, come rally,
    And the last fight let us face.
    The Internationale,
    Unites the human race.
    So comrades, come rally,
    And the last fight let us face.
    The Internationale,
    Unites the human race

    Solidarity Forever!

  52. ram

    @ Tejaswi
    cupe doll here is not the genuine cupe doll. She has a photo of a person or a doll with some hair. It is never blank. DO not believe that.

  53. BigD

    If u kids want your money back via lawsuit u will forfeit your credits… wasted sept/oct for NOTHING. Think about that b4 signing up to get your tuition minus 25% back…

  54. screw cupe

    @ victory

    How much did cupe pay you to write that? $40 an hour or $40 a verse?

  55. TRUTH

    This is a video to boost moral and make us even stronger

    http://www.metacafe.com/watch/592778/ussr_national_anthem/

    Solidarity Forever

    Viva la Revolution
    Go Cupe Go

  56. Ms Doan

    folks, how to get informed through an email from YFS?

  57. ram

    @ YorkIsAwesome & Just Another Yorker

    You both are pathetic.

    While, you morons may like to pay for services and not recieve anything, a vast majority of people don’t like that.

    WAKE UP CALL…YorkU reputation was gone a long time ago. Come on, everyone knows YorkU is a joke. “If you can hold a fork, you can go to york”. You will never hear such sentiment towards schools like U of T or McGill, and that’s for a good reason.

    YorkU is a crappy school and everyone knows it. It is terrible. Strike ridden and has no reputation. At this point, we just need to get as much money back as possible.

  58. Stop and Think

    Wait, seeing as we all know how shitty york is…why did we choose to enroll there? I’ve been asking myself that question for a very long time now.
    Share you’re reasons people; lets make this interesting

    Why did you choose to enroll at this hellhole?

  59. ram

    @ Stop and Think

    The entrance scholarship and other awards YorkU gives out is the main reason why I went to York.

    Second, they accept low average students. My high school average was fair-decent ~75-80%.

    Third, the school is relatively easy. Yes, it is crap, but imagine, you can be an OK student and still get a UNIVERSITY DEGREE. And it only costs you SOME WORK.

    Finally, my degree may not enable me to be the next CEO, but I hope to be able to get a fair-decent job.

    Again, unless you are at Schulich and/or Osgoode, you are not seen as being in the “A-Team” or the “elite squad”…

    Sorry to break the news, but York is not a good university.

  60. York Student

    Umm, York isn’t that bad of a university…
    Plus, just so you know it’s not all about marks.

    What I mean is that a program like YSDN (York/Sheridan Design Program) is somewhat hard to get into. There’s the application process, then the portfolio interview and lastly they make sure they get 80%+ overall avg students. I think that’s good that they probably took 10% down compared to Schulich/Osgoode because there’s the portfolio interview which is quite a bit of things to create, make and present.

    So I’d say yes York sucks but not all of York’s program suck. Just the less known ones…

  61. lol @ york

    firstly, to be fair and on topic, it doesn’t seem fair to hold York responsible for CUPE’s antics (as shitty a school as it may be). money is money, but I for one have the decency to not further complicate York’s predicament. Sue CUPE 3903, or at the very least throw eggs at them. Secondly… york does kinda blow… I’ve seen the hippie drum circles.

  62. interested in lawsuit

    My dad’s a lawyer so I’m going to send this form to him to review and see what he says, what it means etc. and I’ll post what he tells me.

  63. angrystudent

    How sure are we that the NDP will vote yes to BTWL at some point? They seem keen on getting CUPE back to the bargaining table….I’m just not totally convinced….Does anyone know what the procedure is here? Any way BTWL could be implemented without a totally unanimous vote?

  64. Let's be realistic

    @ interested in lawsuit

    please do that it’d be very helpful!

  65. fed up

    Class action lawsuits are a scam. The lawyers make the money and the individuals who are represented get pennies. These lawyers are the new ‘ambulance chasers’, those who aren’t good enough to be hired by the good firms.

  66. YorkIsAwesome

    @Ram

    If York is so terrible why did you even go here? Are you that cheap that you would rather save 8K over four years than go to a ‘better school’. As Fed Up said, class action law suits are a scam. If you want to be a part of a process that will just line the pockets of some slimey lawyers, go ahead. However, I for one, will have no part of it. All this will do is take money out of York’s money, money that could be going towards buying new books in the Scott library, or some new computers in the William Small Center.

    By signing up for that class action law suit, that proves that you either have no ability to think, or are just a slimey as the slimest CUPE3903 member. Or how about this, maybe you are both.

  67. UnderGrad Int'l

    Oh my goodness, how can you York students come on here and insult the very school you sit in? Are you serious? Don’t be ungrateful and bitter that you may have applied to other more difficult schools and ‘only’ York accepted you. It is a crying shame that you call yourself a York student. *shakes head*

    And I read continually on this site how other universities have this idea of York as if you can hold a fork you can go to York. That’s about the ‘dumbest’ thing that I have ever heard and I don’t know why you all even repeat that. Please stop it.

    And guess what, if you ever find a perfect university, DON’T go there, because when you enroll it will no longer be perfect. My point? If you have such disdain for York ship out. Why is that so difficult. And if you feel that you’re hear because York is your only option then that goes to show how NOT indemand you are, not YORK UNIVERISTY which boasts 50 thousand students. why would you even try to demean any university level education. Wow. You ppl are amazing.

  68. CurrentYorkStudent

    Well I looked into it, correct me if I’m wrong, but the claims are:
    1) $250 million, or something along that line, for general damages.
    2) $25 million for punitive damages.
    3) Refund on expenses including but not limited to, tuition ~$6k, living expenses e.g. residence.
    – the Lawyers will be requesting 25% of the recovery fees. 25% of about $275 mill comes out to around $68.75 mill.
    After subtracting that out, the Plaintiffs receive $206.25 mill. Holy crap? How does that make class action lawsuits a scam?

    Regarding participation in the lawsuit:
    “4. If the Plaintiff agrees to serve as Representative Plaintiff, the Plaintiff will not accept any payment for serving as a representative party on behalf of the Class BEYOND the Plaintiff’s pro rata share of any recovery, except such reasonable costs and expenses (including lost wages) directly relating to the representation of the Class as ordered or approved by the court.

    6. The Plaintiff understands that he/she may not fall within the definition of a “Class Member”, and as such, may not be entitled to any recovery (should there be any recovery as a result of the Litigation).”

    If I’m wrong please do refer to the site
    http://www.yorktookmymoney.com/ and read the ENTIRE page for yourself.

    @ YorkIsAwesome

    I don’t think it’s right for you to be insulting those in support of the lawsuit, however I’ll be a hypocrite and say you yourself seem to be some sort of a York *****. Also, FYI 8k may not be a big deal to you, but for others that’s a lot. Hell that’s one year of tuition in my eyes.

  69. CurrentYorkStudent

    @UnderGrad Int’l

    I for one, got accepted to every university I applied to, that includes U of T.
    I chose York because it had a decent reputation, offered a decent scholarship, and it was much closer than any other university.
    Don’t start. I go to a university simply to get a proper education. I don’t give a crap about being a “York Student”. My relationship with York is purely a Supplier – Consumer one, and as harsh as that may sound, that is reality. They get our money, they give us an education. The only relationship building here is between Student-Student, Student-Professor, not Student-University. I’m just a student ID and $$ to them, as far as I’m concerned.

  70. CurrentYorkStudent

    I still chose to go to york anyways, even knowing that york has a bad reputation. As long as it provides the resources to further my own education, I’m happy. They get my money, and a better reputation if I do well, thus they’re happy. However, right now I’m not too happy. Stupid strike.

  71. UnderGrad Int'l

    What amazes me is that in replying you ppl just add further suport to my point. *puzzled facial expression*

    THAT IS EXACTLY MY POINT! No one forces you to go to York, you go. And whether you like it or not, whatever uni you graduate from you are Alumni of that school and your said degree WILL bear the name of that university! *bewlidered face again!*

    How the hell are you gonna go to a university for 4 or 2 years and not be identified in some way with it. Don’t be silly. Ignorance is bliss.

  72. UofT Student

    hahaha
    Stupid Yorkies
    Should have come to the dark side…we have candy 😛

  73. lol @ york

    regardless of what someones reasons for going to a university may be i don’t see the problem in criticizing an institution regardless of affiliation. what… i picked york so i shouldn’t be allowed to say anything bad about it? newsflash… i haven’t been in class for a while…. have you?

  74. Let's be realistic

    @ UofT Student

    I don’t believe we’re stupid for having chosen York to receive our education and for you sake you better not hope your university doesn’t strike in February because then who’s the stupid one?

  75. “what if the recovered costs are less than the expenses? then it’s my understanding that you will have to pay the lawyers out of your pocket…what are the chances of that happening?”

    Very good point. Even if the lawsuit isn’t thrown out the first minute by a judge (which I think it will…how is this York’s fault? Blame the damn union. I would rob every single CUPE member blind and burn their cash/bonds just out of spite — after spending said money on gas and matches), if the decision is less than the claims and every class-action member gets $50 before lawyers’ fees…then you just got owned.

    Since personally I haven’t lost any money (and I’m okay with a compressed school year, I just want my education back) except for a possible couple K’s for the first summer month, I’m not going to be greedy. Good luck to the rest of you!

  76. CurrentYorkStudent

    @ UnderGrad Int’l

    From what I understand, the point you are making is I chose to go to York, so I shouldn’t be insulting them. Ahhh… I get it, they’re perfect right? I should be a good little person and just shutup and take it as it is – being left out of school since Nov. 6 and all. But if you stand by that point, well, I guess I understand a little better what kind of person you are. -cough-
    If anything I have a right to complain BECAUSE I attend the school. I’m done debating with you.

  77. Pingback: Top Posts « WordPress.com

  78. Allyson Lunny the real one

    I don’t know what homophobe impersonated me, but to impersonate a professor seems to me to be an academic offence. I’d like to know what email was used & I am filing a complaint.

  79. currentyorku

    cupe

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