Frequently Asked Questions:
Is there a cost to Class Members of joining the Class Action?
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.
Press Released from Juroviesky and Ricci LLP:
TORONTO, Jan. 25 /CNW/ – In the wake of the Ontario government’s failure to acquire a unanimous consensus regarding the passage of the York University back-to-work legislation, 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 class wide violations of various statutory and common law duties to the students of York University.
The suit claims that the students of York University are entitled to a refund of the students’ tuition and other fees paid to York, and for damages (direct and indirect) 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 see the press release and materials posted on Juroviesky and Ricci’s website www.yorktookmymoney.com and/or www.jrclassactions.com.
According to Henry Juroviesky of Juroviesky and Ricci LLP, “It’s unfortunate that this matter has evolved into a stalemate labor negotiation between York University and the Union, and has lost its primary focal point, namely the welfare of the York University students, and as such the only practical option the students have for immediate relief and the possibility to salvage their academic track is via the court system through this class action.”
Note that the detailed statement of claim filed with the Ontario Superior Court of Justice is the result of an extensive and independent investigation conducted by Juroviesky and Ricci LLP. In respect of Canada, to the knowledge of Juroviesky and Ricci LLP, no other statement of claim has been filed in this matter against the Defendant and no other law firms, as at the time of filing its statement of claim, represent plaintiffs in this litigation.
Because lawyers at Juroviesky and Ricci LLP have conducted a thorough investigation on this matter, they are in a superior position to answer questions about the claims alleged in the statement of claim, and can be contacted to discuss this case through the telephone number and/or e-mail address indicated below.
To be included as a lead or representative plaintiff on this matter, you must meet certain legal requirements. If you would like to join this class action as a lead or representative plaintiff, join as a class member, or otherwise be included in the York University Class Action database, please visit the following website:www.yorktookmymoney.com and provide us with the information requested.
More information on this and other class actions can be found on the Juroviesky and Ricci LLP Class Action website at www.jrclassactions.com.
Statement of Claim:
You can read the Statement of Claim or the charges on York University by the Plaintiff Jonathan Turner. They are pretty much going after them for unjust enrichment, breach of contract and breach of the Consumer Protection Act (CPA).
You can read the full document here: Statement of Claim
You may join the Suit by filling out the form at: http://www.yorktookmymoney.com/
This information will be permanently available under the header title Class Action Law Suit Info