IMPORTANT NOTICE FOR POTENTIAL CLASS MEMBERS IN YORK UNIVERSITY 2000-2001 STAFF STRIKE LAWSUIT – NOTICE OF DISCONTINUANCE
Please Read this Notice Carefully. It May Affect Your Legal Rights.
By Order of the Ontario Superior Court of Justice dated July 6, 2016 all persons who were registered as students of York University as at October 26, 2000 are advised that:
- On January 12, 2001 a proposed class action lawsuit was launched against York University by Hooman Rowshanbin, Roderick Hynes, Natalie Mitrovski, Bradley Diamond and Kristopher Moulton. The Plaintiffs were, at that time, represented by the law firm of Fasken Martineau LLP;
- The proposed class action alleged that students attending York University in 2000-2001 suffered economic losses as a result of a strike by York’ faculty and research assistants between October 26, 2000 and January 11, 2001;
- York University generally denied the plaintiffs allegations and has defended this action;
- In 2011, by order of the class action case management judge the proposed plaintiff Natlie Mitrovski was removed as a representative plaintiff and the law firm of Roy Elliot O’Connor LLP (now Roy O’Connor LLP) was appointed as lawyers of record for the proposed representative plaintiffs;
- A series of decisions from courts in Ontario make it very difficult and unlikely for this case to succeed. The Defendant York University would have a strong argument to strike or dismiss the case, and to seek costs against the plaintiffs. The plaintiffs, their counsel and the Defendant York University agreed to settle the based on the plaintiffs discounting the claim. York University has agreed, as part of the settlement, not to seek any reimbursement for its costs to date in defending the claim.
- In April 2016, the parties filed motion materials with the Ontario Superior Court of Justice to obtain approval of the discontinuance. The discontinuance was approved by the Court and it will be filed and take effect on October 18, 2016.
- Neither the plaintiffs nor their legal counsel shall receive any compensation for this discontinuance.
YOU SHOULD TAKE NOTICE THAT the limitation period for bringing a claim, if there is any time left within it, will recommence when the notice of discontinuance will take effect on October 18, 2016.
On the expiry of a limitation period a right to sue may be extinguished.
TAKE NOTICE THAT because the limitation period for a bringing a claim will recommence with or on the filing of the notice of discontinuance, if you wish to pursue a court claim against York University in relation to the 2000-2001 strike, you should issue a Notice of Action or Statement of Claim, if you have not already done so, before October 18, 2016.
PUBLICATION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE SUPERIOR COURT OF JUSTICE.