Discrimination against Disabled Students receiving ODSP
The Claim: This case concerns the Canada Student Grant for students with Permanent Disabilities (CSG-D). In Ontario, and elsewhere in Canada, the grant is paid automatically to students who have a permanent or persistent disability (as defined) without the need of application, and without being informed of other grants.
The federal government introduced a package of amendments to the Canada Student Loan Program in 2009, including turning the CSG-D into a flat grant of $2,000 to all students verified as being students with permanent disabilities. In the 2021-22 academic year, the CSG-D was doubled to $4000 per annum due to the global pandemic.
In addition to loans and grants for educational expenses, most Ontario students with disabilities also receive financial support for living expenses from ODSP. To prevent double recovery for living expenses, ODSP is automatically adjusted by the amount of the OSAP support for any non-education expenses a student receives. Prior to 2021, the CSG-D was treated as exempt income and did not have any impact on a student’s ODSP support.
This claim alleges that as of 2021, the ODSP Director of Income Maintenance directed that the amount of the CSG-D would no longer be treated as exempt income, and students in receipt of the grant, who also were receiving ODSP, were then assessed a dollar for dollar overpayment for the full amount of the CSG-D, effectively neutralizing the grant and taking that money away from the students.
Students were not advised of the reason for the determination that these amounts would be clawed back and were required to repay that amount, or otherwise saw a reduction in their ODSP support until the full amount of the clawed back amount was recovered.
The claim alleges that the Director’s decision is discriminatory and is an improper breach of section 15 of the Charter.
The Class: This claim is being brough on behalf of “all individuals in Ontario who were entitled to receive the Canada Student Grant for students with Permanent Disabilities (CSG-PD, now CSG-D) and were eligible to obtain student aid under the Ontario Student Assistance Program with support from the Ontario Disability Support Program.”
Our Partners: Ross & McBride LLP.
The court will decide at a later date if the case will proceed as a class action.
- September 9, 2024: The Statement of Claim was issued.
- Statement of Claim (September 9, 2024)
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.