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CLASS ACTION Fees for educational services and for the purchase of school materials

CLASS ACTION Fees for educational services and for the purchase of school materials

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The Class action

 

On December 6th, 2016, the Honourable Carl Lachance, Justice of the Superior Court of Quebec, authorized a class action against 68 school boards on behalf of all the members of the following class:

"All persons who have paid, as parents, tutors, or assignees, for their children registered in one of the schools forming part of the educational institutions of the respondents, costs for educational services (...) and for the purchase of textpooks or instructional materials, mandatory or optional, required for the teaching of programs of studies of elementary and secondary education, as well as costs for reference and reading material, from the 2009-2010 school year, except for the ten (10) school boards listed at paragraphs 20. i., ii, iii, iv, v, vi, x, xii, xiii and xv, from the 2008-2009 school year, until the judgment date, that are not subject to the exception contemplated by section 7 of the Education Act (CQLR, chapter I-13.3), subject to certain reservations with respect to the Commission scolaire des Samares for which the following clarifications should be made:

♦ With respect to the Commission scolaire des Samares, all of the matters that were the subject of the discontinuance recorded in the minutes of the hearing dated February 27, 2012 in the court record 705-06-000005-109 of the Superior Court of the district of Joliette will be excluded from the claim;"

Ms. Daisye Marcil has been appointed as the representative of all class members. The representative plaintiff alleged that the 68 school boards targeted by the class action authorized their schools or allowed them (i) to require parents, tutors or assignees to pay fees for educational services, (ii) to require them to purchase textbooks as well as mandatory or optional instructional materials required for the teaching of the programs of studies of elementary and secondary education which, under the Education Act and the Charter of Human Rights and Freedoms, must be provided free of charge; and (iii) to require them to pay fees for reference and reading material related to such programs.

You may consult the main proceedings filed in the context of the class action in the "Official Documents" section of this website.

 

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