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Information on the Student Loan Class Action 1997-1998
- What is the Student Loan Class Action 1997-1998?
- Who might be concerned by the class action?
- Claim period
- Chronology of events
- Legal documents
- Contact us
What is the Student Loan Class Action 1997-1998?
On December 2, 2005, the Supreme Court of Canada rendered a decision that recognized the right of certain students who received a loan in 1997 and 1998 to benefit from an exemption from the payment of interest provided for in their last loan certificate. The Court also recognized the rights of students having overpaid such interest to obtain reimbursement from the government of Québec.
In its judgment of December 7, 2007, the Superior Court of Québec ordered that such overpaid interest be reimbursed by way of individual claims in accordance with the claim procedure hereinafter detailed.
Who might be concerned by the class action?
The following students are eligible to claim reimbursement:
GROUP A: All students who, on June 30, 1997, had obtained one or more student loans after signing a Loan Certificate issued by Aide financière aux études, who did not obtain other student loans after June 30, 1997, and who completed or abandoned their studies after June 30, 1997.
GROUP B: All students who, on April 30, 1998, had obtained one or more student loans after signing a Loan Certificate issued by Aide financière aux études, who did not obtain other student loans after April 30, 1998, and who completed or abandoned their studies after April 30, 1998.
On June 2, 2008, Aide financière aux études sent a personalized notice to all persons who might be eligible to file a claim. Pursuant to the judgment rendered in this case, the notice was sent to the last postal address confirmed with the Régie de l’assurance maladie du Québec. Persons who have not received a personalized notice can nevertheless check their eligibility for a reimbursement by clicking on Student Loan Class Action 1997-1998 under the heading Your on-line services on our Web site.
Claim period
To receive a reimbursement of the interest overpaid, eligible persons were required to file a claim as of June 2, 2008 and no later than June 1, 2009.
Chronology of events
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December 7, 2007
The Superior Court of Québec rendered its first judgment in the case of the class action relating to student loans of 1997 and 1998.
That judgment was handed down following a class action suit launched in 1999 by Harry Dikranian, lawyer, against the Attorney General of Québec. Mr. Dikranian alleged that, as a result of the amendments to the Act respecting financial assistance for education expenses in 1996 and 1997, the students concerned were required to pay interest on their student loan earlier than planned. These legislative amendments reduced the exemption period applicable to interest payments and the repayment of principal for the years 1997-1998 and 1998‑1999.
Pursuant to the Superior Court order, Aide financière aux études of the Ministère de l’Éducation, du Loisir et du Sport must ensure reimbursement of the interest overpaid by the persons concerned. The Superior Court determined the mode of repayment of the amounts owing. In particular, it ordered that overpaid interest be recovered through individual claims filed via the Aide financière aux études Web site.
January 7, 2008
In its second judgment, the Superior Court of Québec ratified the agreement governing the payment of fees and disbursements. Twenty percent (20%) of the total amount owing to each person in principal, interest and an additional indemnity, plus the applicable taxes, would be deducted from each reimbursement and paid as remuneration to the plaintiff’s lawyers.
In addition, the Superior Court ordered the deduction of the percentage owed to the Fonds d’aide aux recours collectifs, as stipulated under the Regulation respecting the percentage withheld by the Fonds d’aide aux recours collectifs:
- a) 2% from any liquidated claim less than $2 000;
- b) 5% from any liquidated claim exceeding $2 000 but less than $5 000;
- c) 10% from any liquidated claim exceeding $5 000.
June 2, 2008
- Beginning of the individual claim period. Claims must be filed on-line via the Aide financière aux études Web site, under the section Student Loan Class Action 1997‑1998.
- Mailing of personalized notices to all persons who may be concerned by the class action. The notice explains the reimbursement terms and procedure. Pursuant to the judgment rendered in this case, the notice was sent to the last postal address confirmed with the Régie de l’assurance maladie du Québec. Persons who have not received a personalized notice can nevertheless check their eligibility for a reimbursement by clicking on Student Loan Class Action 1997-1998 under the heading Your on-line services on our Web site.
June 7, 2008
Publication of a notice of judgment in theLe Journal de Québec, Le Journal de Montréal and The Gazette.
January 27, 2009
The Superior Court of Québec rendered a third decision that confirmed the eligibility under the class action of persons who resumed their studies after 1997 or 1998 without obtaining a new loan certificate. A new notice of judgment was sent to these persons to inform them of that decision and the claim process.
March 11, 2009
The fourth judgment rendered by the Superior Court of Québec establishes the application procedures further to the third judgment rendered on January 27, 2009.
March 17, 2009
A personalized notice was mailed to all the persons who might be concerned by the judgment rendered on January 27, 2009. The notice explained the conditions relating to the reimbursement process.
June 1, 2009
End of the individual claim period.
December 7, 2009
Initially scheduled date of hearing of the judicial contestations before the Superior Court of Québec
Note: the date of hearing has been postponed to May 2010 (see judgment dated March 11, 2009)
May 31, 2010
Date of hearing of the judicial contestations before the Superior Court of Québec
Room 17.09
Palais de Justice de Montréal
1, rue Notre-Dame est
Montréal
Hour: 9:15 a.m.
Legal documents
- Judgment rendered December 7, 2007 (
255 ko) - Reimbursement calculation method (Annex 1) ( 14 ko)
- Judgment rendered January 7, 2008 ( 121 ko)
- Personalized notice sent on June 2, 2008 ( 37 ko)
- Notice of judgment published on June 7, 2008 (Annex 2) ( 31 ko)
- Judgment rendered January 27, 2009 ( 23 ko)
- Judgment rendered March 11, 2009 ( 14 ko)
- Personalized notice sent on March 17, 2009 ( 22 ko)
Form
- Power of attorney ( 31 ko)
Contact us
For any information regarding the claim procedure provided for as part of the 1997-1998 student loan class action, please call our client services at one of the following numbers:
418 646-3979 (au Québec),
1 866 584-3979 (toll-free in Canada and the United States).
Our offices are open Monday to Friday, from 8:30 a.m. to 12:00 noon and from 1:00 p.m. to 4:30 p.m.
