The claim is that when the 1998 nursing class entered Loyalist College, they were offered a “Queen’s” option.  The option allowed persons who entered the nursing program at Loyalist to obtain a degree in nursing from Queen’s University after four years.  It turned out that no such option was available, and our claim is for breach of contract or negligent misrepresentation against Loyalist College. 

Pursuant to the Class Proceedings Act, it was necessary for us to apply to a Judge to have the case certified as a class proceeding.  Our firm, on behalf of Ms Potter, and the firm Reynolds O’Brien LLP, on behalf of Jill Hickey Button, and the 1997 Loyalist class, were unsuccessful on the initial Motion.  The matter was then appealed to the Ontario Divisional Court and eventually to the Ontario Court of Appeal.  The Ontario Court of Appeal allowed our appeal and certified the matter as a class proceeding.

Now that the matter has been certified, it moves forward much in the manner of a regular law suit.  Ms Potter’s claim will be adjudicated and the decision in her case will bind the others in this litigation, unless they choose to opt out of the litigation.

In class proceedings in Ontario, once they have been certified as our matter has, there is a significant possibility that they will settle.  In this matter, we are attending, together with representatives from the 1997 class, at a Mediation scheduled for Belleville on August 31, 2009.  The purpose of that Mediation will be an attempt to reach a mutually agreed settlement in this matter.  Loyalist College has also brought an action against Queen’s University in this matter, and they will also be in attendance at the Mediation.  Ms Potter and several other members of your class will be in attendance to represent the interest of the class members. 

If a settlement is reached at the Mediation, then first, the Court must approve the settlement.  Thereafter, members of the class will receive notice of the settlement including the details, and how it would affect them.  At that point, members of the class will have two options.  One is to accept the settlement that has been agreed to, or to opt out of the class proceedings and deal with the matter on their own. 

With respect to this matter, I have attempted to have a representative of my office contact each of you with respect to your own personal circumstances.  Although you are being treated as a group within this matter, we are aware that many of you have different circumstances, which will result in different damages assessments. 

Broadly put, it appears to us that there are three different classes of students. 

In the first class are those students who reattended two full years at university to earn their Bachelor of Science or Bachelor of Nursing degree after completion of the three years at Loyalist. 

A second class of students will be those who have returned to school, but on a part time basis while they were also employed, or doing other things in an effort to obtain their Bachelor of Science or Bachelor of Nursing degree and may have now completed that or be in the process of completing that degree.

There will be a third group of students who, for various reasons, have finished the three years at Loyalist and have not returned to any other post secondary education.

All students who commenced the nursing program in 1998 are part of this class.  We have retained an economic loss expert, Professor Jack Carr, to provide us with detailed information with respect to the losses of the students for Loyalist’s alleged breach of contract.

Attached is a link to the CanLII website where you can see the decision of the Ontario Court of Appeal certifying this as a class proceeding. 

If any member of the class that commenced the nursing program at Loyalist College in 1998 is not aware of this litigation or has not been in touch with my office, I would ask that you immediately contact us and advise of your whereabouts.  By being in contact with all of the students in advance of the Mediation, I will be in the best position to protect your interests.

Should you have any questions, do not hesitate to contact our office at info@pcslaw.ca or 613-967-9930.

Link certifying class proceeding:

http://www.canlii.org/en/on/onca/doc/2006/2006canlii20079/2006canlii20079.html 

Mike Pretsell and David Little have been practicing Workplace Safety and Insurance Board (WSIB) law for a total of over 25 years.  They have represented injured workers at all levels of WSIB appeals.  We want to pass on some ideas about how the system works and how you can get the results you need.  Remember that we offer a free telephone consultation in our areas of practice, including WSIB.

The WSIB has made a decision I disagree with – What can I do?

Almost every decision the WSIB makes in a claim can be appealed.  When working with WSIB claims, to “appeal” means asking the WSIB to reconsider and change their decision. However, you can only appeal a decision that is in writing.  If the WSIB has made a decision that you disagree with, but has not put it in writing, you have to request that the decision be put in a letter to you.

When the Board sends you a letter that goes against your interests, you have to appeal within a certain period of time.  Generally, the time period is six months; however, some decisions have to be appealed within 30 days.  The letter to you will explain which time limit applies. 

It is critical that you send a written objection to that decision that you disagree with.  Do not rely on a phone call!

To object to a WSIB decision, and to start an appeal, you should write to the person who wrote you the decision and tell them that you object.  Here is a sample letter you can use:

Your name and address: . . . . . . . . . . . . .

Your claim number . . . . . . . . . . . . . . . . . .

Date of Letter: . . . . . . . . . . . . . . . . . . . .

Claims Manager

Workplace Safety and Insurance Board

200 Front Street West

Toronto ON M5V 3J1

Dear Sir or Madam:

Please be advised that I object to your letter dated [date of letter].  The decision is not in accordance with the evidence and Board policy.

Please send me an appeal form and a copy of my file as soon as possible.  Details of my objection will be provided on the objection form. 

Yours very truly,

[Your signature]

Here are some suggestions for your letter:

1. If you have additional information you can send to the Board about your claim, you can send it with the letter.  Make sure your claim number is on each page you send to the Board;

1. You can either mail the letter to the WSIB office, or you can fax it toll-free to 1-888-313-7373;

1. About a week after you send your letter, telephone the person that you are sending the letter to and make sure that they have received it.  Ask them to confirm that they have sent your file to the “access” department, which is the department that photocopies files and provides appeal forms;

1. Two weeks after that, you can telephone the access department and make sure your file has actually been sent to that department.  One of the glitches at the WSIB is that your Case Manager must send the file to the Access department before you will actually get a copy of your file and an objection form.

1. When you get the file from the WSIB, you should read it thoroughly.  However – and this is very important – keep the file in order!  People who work with the WSIB will want to see that file in exactly the order that it came in.

1. The Board does not charge for a photocopy of the file, or for an appeal;

1. If you want to get help with your file, it is a good idea to get assistance before the appeal form is filed.  There is no time limit to filing the appeal form once you have it.  The appeal form is a very important document because it is the first thing that is read by most Appeals Resolution Officers.  Therefore, it pays to put considerable time and effort into preparing the appeal form

We hope that you’ll find the information provided to be useful. If you have any questions, don’t hesitate to contact us at 613.967.9930