Wednesday, January 17^th

York University Students Launch Class Action Lawsuit



January 17, 2001 (TORONTO) - York University students have launched a class action lawsuit against the university for economic losses and damages suffered as a result of the recent strike by teaching assistants, contract faculty and research assistants.

The lawsuit, filed in the Ontario Superior Court of Justice on January 12, 2001, seeks damages for breach of contract and negligent misrepresentation, plus punitive damages and a refund of tuition fees on behalf of all students affected by the 78-day strike - believed to be the longest ever at a Canadian university.

On January 9, 2001, Lorna Marsden, York University President, was quoted as saying that, “There are no winners this morning except undergraduates. This is their day and it’s taken far too long.”

In response, Jeffrey Kaufman of Fasken Martineau DuMoulin LLP, the law firm representing the students, said, “The notion that this is a victory for the students is absurd. The students are taking legal action because the university has failed to consider the economic impact on students caused by the delay in completing their education as a result of the strike.”

“Although York has unilaterally decided to compensate some students in a few areas, the university’s actions do not give fair and adequate compensation to the thousands of students who have suffered, and will continue to suffer, damages as a result of the prolonged strike and extended academic year,” Mr. Kaufman added.

The lawsuit claims that York University breached its contractual relationship with each student by failing to provide academic services, formal instruction, examinations and grades within the timeframes set out when students paid for their courses. It contends that the extension of the academic year imposes further economic losses on York students, and that the university’s actions violate its obligation to act in accordance with academic integrity and fairness to students.

“We don’t think it’s fair that students, who are innocent victims of the strike, should be punished,” said Hooman Rowshanbin, a fourth year student and one of the representative plaintiffs in the lawsuit. “Many of us are on tight budgets, and don't know how we're going to pay for an extra month's rent and living expenses for the extended school year. Students will lose at least a month of income from their summer jobs and possibly summer employment altogether. The income generated from summer employment is critical for paying students’ tuition fees for the following year.”

Mr. Rowshanbin is the founder of the York University Student Circle, which has the support of over 2,000 students. The Student Circle was instrumental in obtaining the signatures of some two thousand students to a petition asking that York University provide a refund of tuition fees paid by the students to York University.

“It’s been a very frustrating time,” said j wallace, President of the York Federation of Students. “The two parties were only $250,000.00 apart for much of the last month of negotiations. It’s amazing that the lives of 50,190 students can be put on hold for less than five dollars apiece. Student interest in this lawsuit is very high, as the compensation currently being offered by the university is insufficient and fails to include anything for lost wages.”

Lead counsel Jeffrey Kaufman noted that this class action lawsuit has significant factual and legal differences when compared with the Ciano case, which was an unsuccessful class action brought on behalf of students against York University after a previous strike in 1997.

“In the Ciano case, Mr. Justice Winkler concluded that a contract existed between York University and each student, but dismissed the case because the plaintiff did not establish that he had suffered compensable damages,” said Mr. Kaufman. “However, we intend to show that there are real compensable damages arising in this case.”


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