Toronto—Today, the Honourable Madam Justice Joan L. Lax of the Ontario Superior Court of Justice ruled against consideration of the $200 million class action lawsuit to stop prohibited college ancillary fees. Justice Lax's ruling found that the enforcement of the Minister's 'Binding Policy Directive' on ancillary fees is the responsibility of the government, not the Court.

"Today's ruling means that hundreds of thousands of students who were wrongfully charged fees have no legal recourse," said Jen Hassum, Chairperson of the Canadian Federation of Students-Ontario. "We've always known that the McGuinty government had the ability to stop prohibited ancillary fees but this ruling makes it clear that it is solely their responsibility."

The lawsuit against all 24 public colleges in Ontario was filed by two former college students in June 2007. The legal action was initiated as a result of the failure of successive Training, Colleges and Universities Ministers to enforce their own 'Binding Policy Directive' that prohibits tuition-related ancillary fees.

"Premier McGuinty has known about the prohibited ancillary fees for more than 14 years, yet his government continues to turn a blind eye while the colleges wrongfully take tens-of-millions of dollars from students every year," said Dan Roffey, a former George Brown College student who was one of two representative plaintiffs. "The McGuinty government has publicly refused to take responsibility because this case was before the Court. Now Premier McGuinty is going to have to stop hiding behind lawyers and fix this problem."

"While we are disappointed with today's ruling, Dan and I have no regrets about bringing this case forward," said former Conestoga College student Amanda Hassum. "It took our lawsuit to bring attention to these unjust fees and I hope that the government will finally take action because of it."

The representative plaintiffs have an automatic right to appeal the Ontario court's ruling and will make a decision on how to proceed after consulting with their legal counsel. Representatives of the Canadian Federation of Students-Ontario will be meeting with Training, Colleges and Universities' Minister Milloy next week to discuss concerns about high tuition fees, prohibited ancillary fees and the government's chronic under-funding of Ontario's public colleges.

"As long as college students are being charged prohibited fees, this fight isn't over," said Jen Hassum.

More information, including a copy of the ruling, is available in the Materials section.

For more information, contact:

Jen Hassum, Chairperson, CFS-Ontario, 416-925-3825 or 416-832-9073 (cell)

Doug Elliott, Representative Plaintiffs' Legal Counsel, Roy Elliott
O’Connor LLP, 416-362-1989 ext. 226

Dan Roffey, Representative Plaintiff, 647-222-7633 (cell)

Amanda Hassum, Representative Plaintiff, 519-221-5322 (cell)

Toronto—The Honourable Justice Joan L. Lax of the Ontario Superior Court of Justice is expected to issue her ruling tomorrow on whether to allow the court to hear a $200 million class action lawsuit against the province’s 24 community colleges. This unprecedented case was launched on behalf of Ontario’s college students by two college students, Andy Hassum and Dan Roffey. The class action is seeking to recover $200 million in ancillary fees paid by Ontario’s college students, fees that are prohibited by a Binding Policy Directive issued by the Ontario Government.

In an effort to prevent the court from proceeding to consider the underlying merits of the students’ case, the defendant colleges brought a motion seeking to have the case thrown out. The colleges’ position was that the government’s “binding policy directive ” is a kind of guideline and not a “law,” and therefore does not entitle any students to sue to recover fees collected in violation of the directive. The colleges did not deny the existence of the Binding Policy Directive or their collection of the prohibited fees. However, they claimed that only the government could enforce the Directive, and not the students from whom the fees were actually collected.

On January 8, 2008 a hearing was held to consider the defendant’s motion to strike the case. After two and a half months of deliberation, Justice Lax is now expected to issue her ruling.

The representative plaintiffs and their legal counsel, and representatives of the Canadian Federation of Students, will be available for comment immediately following the release of the ruling.

An electronic copy of the ruling, along with a media release and background documents, will be posted on the website: www.StopUnfairFees.ca.

The ruling is expected in the morning of Friday, March 28, 2008.

The Canadian Federation of Students–Ontario unites more than 300,000 college and university students across the province from more than 35 students’ unions.

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For more information, contact:

Dan Roffey, Representative Plaintiff, 647-222-7633 (cell)

Amanda Hassum, Representative Plaintiff, 519-221-5322 (cell)

Doug Elliott, Plaintiff’s Legal Counsel, Roy Elliott O’Connor LLP, 416-362-1989

Jen Hassum, Chairperson, CFS-Ontario, 416-925-3825 or 416-832-9073 (cell)

by Mark Wierzbicki
The Satellite, Mohawk College
February 19, 2008

Both Mohawk College and the Ontario provincial government declined comment this week on a memo sent by the government instructing colleges to stop charging certain ancillary fees of students.

The memo, sent in July of 2004 and addressed specifically to Ontario’s college presidents, prohibits colleges from collecting money from students for some specific uses.

“No ancillary fees for other items (e.g. building and information technology infrastructure improvements or student support services) are to be levied on students unless specifically approved by the ministry,” orders the text of the memo. However, as of this academic year, Mohawk students are still being charged over 100 dollars each for information technology costs. Students are also charged hundreds of dollars in other ancillary fees – program specific and miscellaneous mandatory fees that are not classified as regular tuition – most of which are legitimate.

Jay Robb, Mohawk’s media relations representative, cited the fact that the case is before the courts in the form of a class-action lawsuit filed by students as a reason for its silence on the issue. Similarly, when asked why they failed to enforce their own directives, the province refused comment.

“To be clear… I am unable to comment in any manner that may influence, or may be perceived to be influencing, proceedings currently before the courts,” wrote Kevin Dove, Senior Media Relations/Issues Coordinator for the Ministry of Training Colleges and Universities in an email.

This does not sit well with Doug Elliot, lawyer for Amanda Hassum and Daniel Roffey, the two former college students who on behalf of all Ontario college students have sued Ontario’s colleges for 200 million dollars over the issue.

“It’s a political cop out by the minister, [John Milloy, minister of Training, Colleges and Universities] plain and simple,” says Elliot of the ministry’s decision to decline comment. “The minister is hiding behind the judges robes. It’s quite pathetic.” In his opinion, since the Ministry of Training, Colleges and Universities is not one of the parties before the courts in the lawsuit, they are free to comment and should do so. “They have no stake in it at all, it’s between the students and the colleges.”

Ken Marciniec, Communications Coordinator for the Canadian Federation of Students, thinks that the Ministry needs to step up to its duties.

“Of course he [John Milloy] has a responsibility to enforce the rules. Saying that a matter is before the courts will not suffice,” says Ken. He isn’t letting the colleges off the hook either. “They may try to use the fact that it’s before the courts but they have a responsibility to explain to students why they are being charged illegal fees.”

The Canadian Federation of Students, through a Freedom of Information request, obtained the memo from the provincial government. It is posted on the website stopunfairfees.ca, along with other documents and information about the lawsuit.

When asked how the colleges might recoup losses if they are forced to pay the full 200 million dollars, Marciniec says the onus may be on the government to increase funding.

“It’s incumbent upon the government to help fund the settlement. The ministry knew this was going on and has turned a blind eye to it,” he says.

Doug Elliot has what some may consider a more novel idea however.

"Maybe the people who chose to ignore this directive should donate their salaries."

Toronto—Today, two students, acting on behalf of thousands of other college students across Ontario, launched a $200 million class action lawsuit against the province's 24 community colleges of applied arts and technology, claiming that certain types of prohibited ancillary fees have been collected illegally. At the same time, they notified the Government of Ontario of their intention to serve it with a similar statement of claim in 60 days.

Ancillary fees are charged to students for auxiliary services and are in addition to tuition fees. However, government policy prohibits the collection of ancillary fees to fund capital projects or core academic operations, which are already covered by tuition fees or general purpose operating grants. Despite clear restrictions, the government of Ontario has allowed it to become a universal practice for colleges across the province to collect fees for such things as information technology, labs, libraries, and the mandatory lease of laptops.

"Ontario's college students have been paying illegal fees for years and the Ontario government turned a blind eye," said Dan Roffey, one of two students who launched the case. "What kind of message does it send to students when we are told that we will fail if we cheat on an assignment, but at the same time we catch our college administrators cheating on our fees?"

"As a student who has struggled to make ends meet, I am angry that the government pretended to freeze tuition fees while allowing additional fees to be collected illegally," said Amanda Hassum, the second representative plaintiff. "Premier McGuinty broke his promise to students by claiming to lock the front door while leaving the back door wide open."

The two students who launched the court challenge are acting as "representative plaintiffs" in a class action lawsuit that is seeking compensation for every student who paid the illegal fees.

"This case is about playing by the rules," said Doug Elliott, the students' legal counsel and named partner of Roy Elliott Kim O'Connor. "The government sets the rules for how fees are collected and they have a responsibility to ensure that the colleges obey those rules. If they won't enforce the rules, we will do it for them."

The Canadian Federation of Students, which represents more than 500,000 college and university students from coast to coast, and nearly 300,000 students in Ontario, helped the plaintiffs connect with their legal counsel and compile the background research for their case.

"No educational institution should be able to circumvent the law in order to download additional costs onto individual students," said Jesse Greener, Ontario Chairperson of the Canadian Federation of Students. "It is our hope that this case will prevent such fees from being collected in the future."

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For more information contact:

Jesse Greener, Ontario Chairperson, Canadian Federation of Students, 416-925-3825 or 416-301-5747 (cell)

C?a Jutras, Ontario Francophone Representative, Canadian Federation of Students, 416-828-0476 (cell)

Doug Elliott, Roy Elliott Kim O'Connor LLP, 416-350-2470

Formal complaint issued to government

Cambridge—One of the two representative plaintiffs in the unprecedented class action lawsuit against Ontario colleges has issued a formal complaint to Ontario's Minister of Training, Colleges and Universities Chris Bentley in response to the Minister's public assurance that, "when the ministry receives specific complaints, they've followed up."

Last month, two students, acting on behalf of thousands of other college students across Ontario, launched a $200 million class action lawsuit against the province's 24 community colleges of applied arts and technology, claiming that certain types of prohibited ancillary fees have been collected illegally. Despite clear restrictions, the Government of Ontario has allowed it to become a universal practice for colleges to collect fees for such things as information technology, labs, libraries, and the mandatory lease of laptops.

So far there has been no indication that college administrators will obey the law and cease charging the illegal ancillary fees before students return to class in September. Conestoga College president John Tibbits' response to the lawsuit was that Conestoga, "...will continue charging these fees," and that, "[Students] have the option; don't come."

"That kind of contempt for students and blatant disregard for the law from the top administrator at Conestoga deserves clear and immediate action from the government," said Amanda Hassum, a student at Conestoga College. "The Ministry has already admitted that illegal ancillary fees are being collected and I have brought this to the attention of the Minister. When is he going to do something about it?"

Students hope that the lawsuit will pressure the government to enforce the law and compel colleges to stop collecting illegal fees.

"Students have been bilked out of hundreds of dollars each because the government has neglected to enforce the law and failed to properly fund college education," said Jen Hassum, Chairperson of the Canadian Federation of Students-Ontario. "We remain ready to assist the parties in negotiating a resolution that recognises the damages suffered by students and addresses the government underfunding that precipitated this problem."

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For more information contact:

Jen Hassum, Chairperson, Canadian Federation of Students-Ontario, 416- 925-3825 or 416-832-9073 (cell)

Amanda Hassum, Representative Plaintiff, 519-221-5322 (cell)

Jesse Greener, Campaigns and Government Relations Coordinator, Canadian Federation of Students-Ontario, 416-925-3825 or 416-301-5747 (cell)

Toronto—On the heels of the launch of a $200 million class action lawsuit, students are encouraged by the Ontario government's public confirmation that "[a]ncillary fees are not to be charged for core academic or capital issues..." A directive, reportedly issued yesterday, indicates that the government will finally begin enforcing its long-standing policy that prohibits Ontario's 24 community colleges from charging fees such as computer, library or laboratory fees.

Education critics for both opposition parties and the union representing college faculty and staff have publicly expressed their support for the students' class action lawsuit and the campaign to stop the collection of prohibited fees at colleges and universities.

The Canadian Federation of Students points to years of inadequate government funding as the root cause of the current illegal ancillary fee regime at Ontario colleges. "Ontario is ninth out of ten in government funding for colleges," said Jesse Greener, Ontario Chairperson of the Canadian Federation of Students. "The government has essentially employed a strategy of underfunding in which they have allowed colleges to charge hidden tuition fees with a wink and a nod."

The Federation is calling on the government to work with the colleges to ensure that students who were forced to pay the illegal fees are reimbursed. "I am happy to hear that our lawsuit is already getting traction with government decision makers," said Daniel Roffey, one of the two representative plaintiffs in the class action lawsuit. "But the fact of the matter is that students who were charged illegal fees must be compensated. We are still waiting for the government to address this matter."

Students say that all parties should begin negotiations toward a fair settlement that reflects the damages they and their families have suffered. "The Canadian Federation of Students is prepared to assist the parties in finding a constructive resolution to the problem," said Greener. "Any long-term solution to weaning colleges off of illegal fees must include proper government funding in order to ensure that core academic services receive the resources they require."

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For more information contact:

Jesse Greener, Ontario Chairperson, Canadian Federation of Students, 416- 925-3825 or 416-301-5747 (cell)

Joel Duff, Ontario Organiser, Canadian Federation of Students, 416-925-3825 or 416-707-0349 (cell)

Dan Roffey, Representative Plaintiff, 647-222-7633 (cell)

Will a Tory Government Immediately Stop Illegal Ancillary Fees?

Toronto—During tonight's Ontario election leaders' debate, Progressive Conservative Party leader John Tory criticised Premier McGuinty for looking the other way while college and university ancillary fees have been used as backdoor tuition fee increases.

In June, two former college students launched a $200 million class action lawsuit against all 24 public colleges to stop the collection of illegal ancillary fees. Internal government documents obtained by the Canadian Federation of Students prove that the McGuinty government has known about the illegal fees and done nothing to enforce its own policy which prohibits them.

"Students are pleased that Mr. Tory recognised the importance of this issue by raising it in the leaders' debate," said Jen Hassum, Chairperson of the Canadian Federation of Students-Ontario. "Now students need to know exactly where he stands."

"Will a John Tory government immediately end the collection of prohibited ancillary fees and provide adequate government funding to the colleges to replace revenue improperly obtained from students?"

Ontario New Democratic Party leader Howard Hampton has already made his position clear. Responding to a Canadian Federation of Students-Ontario election questionnaire, Mr. Hampton indicated that, as Premier, he would ensure that the collection of prohibited ancillary fees is halted immediately.

Premier McGuinty has not responded to students about this matter and has allowed the illegal fees to be collected again this September. The Ontario Liberal Party is the only party that has not responded students' election questionnaire.

The Canadian Federation of Students–Ontario unites over 300,000 college and university students from more than 35 students' unions throughout the province.

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For more information, contact:

Jen Hassum, Chairperson, CFS–Ontario: 416-925-3825 or 416-832-9073 (cell)

Ken Marciniec, Communications Coordinator, CFS–Ontario: 416-803-6066 (cell)

Toronto—The union representing staff at Ontario's 24 community colleges is offering its full support to a class action lawsuit by two students.

The students have filed suit against the colleges for charging a number of user fees that are not permitted by the Ontario government. The fees include computer, library, and other so-called "ancillary" fees.

"We applaud the students who have come forward to expose these illegal charges that all college students are forced to pay on top of their already-too-high tuition fees," said Warren (Smokey) Thomas, president of the Ontario Public Service Employees Union. "We fully support this lawsuit."

Colleges are using ancillary fees and high tuition fees to hide their own poor management of the public dollars they receive, said Paddy Musson, chair of the union's College Academic Division.

"While it is true that Ontario ranks ninth out of 10 Canadian provinces in per-student funding of its colleges, we have serious concerns about the way the colleges spend the dollars they do have," said Musson, who teaches at Fanshawe College in London. "Over the last three years we have seen a gradual increase in college funding, but this has not translated into improved student-teacher ratios at all.

"That's why we have been pushing the McGuinty government to implement strong accountability measures to make sure public dollars go to education quality."

Musson said ancillary fees and high tuition fees have a negative impact on the education students receive at college.

"These fees mean students are forced into the workplace to make ends meet," she said. "They have less time to study and they come to school tired. Getting rid of illegal ancillary fees can only improve the quality of education we provide and the quality of graduates our colleges produce."

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For more information contact:

Paddy Musson, Chair, OPSEU College Academic Division 519-615-1110 (cell)

There will be a briefing on new developments in the unprecedented $200 million class action lawsuit against Ontario's community colleges.

The representative plaintiffs and their legal counsel, Doug Elliott from the law firm Roy Elliott Kim O'Connor LLP, will provide the briefing which will include a review of documents recently acquired through access to information.

Representatives of the Canadian Federation of Students will provide an update on the campaign to stop unfair fees. A video clip related to the upcoming Ontario election and ancillary fees will be launched on YouTube as part of the campaign. A preview screening for media will take place during the briefing.

The Canadian Federation of Students-Ontario, unites more than 300,000 college and university students across the province.