Our firm acts for Bonnie Potter, the representative Plaintiff in a class proceeding against Loyalist College of Applied Arts & Technology.
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
