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Two former paralegal students are launching a proposed class action against Fanshawe College and its board of governors, alleging the program did not prepare them for the licensing process or legal practice.
The lawsuit, which alleges negligence and breaches of Ontario’s Consumer Protection Act by the college, is seeking more than $10 million in damages on behalf of students enrolled in the Fanshawe paralegal program since 2020. The total includes $2 million in punitive damages, a rare court award intend to punish defendants and deter similar behaviour in the future.
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The proposed action claims Fanshawe left its paralegal students unprepared for the required licensing examinations with the Law Society of Ontario, the regulator of the legal profession in the province, and legal practice.
Among the allegations, the lawsuit contends the college and its governing body failed to meet minimum instructional hours, employed unqualified instructors and failed to teach required competencies.
The statement of claim alleges students in the program paid $16,971.20 for tuition, plus other costs, expenses and taxes. Fanshawe breached the terms of its contract with enrolled students by running a program that was “substantially not in compliance” with the Law Society of Ontario’s Paralegal Education Program Accreditation Policy, the lawsuit contends.
Statements of claim, and statements of defence filed in response, contain allegations not yet tested in court.
The statement of claim for the proposed class action was filed in the Ontario Superior Court of Justice in Toronto Sept. 12.
In an emailed statement Wednesday, Fanshawe College declined to comment on “any ongoing legal proceedings or issues.”
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“We are very proud of our track record of high-quality education and student experience for students across the globe,” the college said.
Fanshawe College is an accredited paralegal program, according to the registry on the Law Society of Ontario website. The one-year Fanshawe paralegal program is structured as a graduate degree, requiring students to have a college diploma in a law-related field, a university degree or relevant work and education in a related field to enter.
The action, which must be certified by a judge to proceed as a class-action lawsuit, is being led by Toronto lawyer Eric K. Gillespie
The certification hearing is often the first major battleground in the class action process. A lawsuit that is successful at the certification stage is deemed by the court to bind a large class of individuals, in this case a group of Fanshawe paralegal students, not just the individual plaintiffs who brought the action.
The merits of the claim are argued at later stages of the class action process. Because a class action involves the rights of many claimants, all class action settlements must be approved by the court.
jbieman@postmedia.com
@JenatLFPress
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