# Can a student sue a public college to increase tuition fees middle of the program?



## scorpion_ca (Nov 3, 2014)

An international student selected a two years program with a public college in AB and the tuition fees were $30,000 at the time of admission. The student completed the first year of the program successfully and paid $17,000 for the first year tuition fees. The second year/third semester class will start this fall and the college has increased tuition fees for that program in the mean time and now student will have to pay $18,000 instead of $13,000.

Student has been trying to resolve this issue with the college but so far no luck. Here is what student is thinking to do at present -

- Pay the increased tuition fees
- Complete the program
- Once the program is complete within 9 months, sue the college at the civil court in AB and try to recover the addition fees.

Can a student sue a public college to increase the tuition fees in middle of the program? Thanks!


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## mordko (Jan 23, 2016)

Whatever he/she signed needs to be carefully reviewed. Presumably these papers stated that tuition fees are subject to increases. If so, the case would be weak.


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## scorpion_ca (Nov 3, 2014)

How could a college increase the tuition fees in the middle of the program? It doesn't make a sense.


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## olivaw (Nov 21, 2010)

A question such as this might be better answered by a lawyer. If the student cannot afford a lawyer there are free legal resources such as Calgary Legal Guidance, Edmonton Community Legal Centre, Student Legal Services, Legal Aid Alberta etc.


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## carverman (Nov 8, 2010)

scorpion_ca said:


> A
> Student has been trying to resolve this issue with the college but so far no luck. Here is what student is thinking to do at present -
> 
> - Pay the increased tuition fees
> ...


Just my opinion, but I doubt it...and any lawyer will tell the student that it is a waste of time. 

If the college has raised the fees at the beginning of a semester, it may have reasons to do that. A college is a public domain place of study but run and managed by administrators responsible to the province who has cut back considerably on funding but expecting the students to make up the difference and ESPECIALLY FOREIGN STUDENTS.



> The 2016–2017 tuition fee schedule for international students entering any of U of T’s three campuses will see a nine per cent rise for arts and science programs and an eight per cent rise for applied science and engineering programs.
> 
> Most international students will experience tuition fee increases of five per cent.
> 
> Overall, the average increase for international students will be at 5.9 per cent, which is close to the five per cent increase for domestic students’ professional programs.


more on this.

http://thevarsity.ca/2016/03/07/tuition-fees-continue-to-rise-2/


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## birdman (Feb 12, 2013)

I'm not a lawyer but suggest that it could be a tough go in a lawsuit. My reasoning for this is twofold:
1. Was there a signed contract for the 2 year program at the $30,000. price.
2. If there was not, by virtue of paying the higher price for the second year the person has entered into a contract for services at the higher price.

Also, I highly doubt a lawyer would take this on a contingency basis and if a lawyer was hired on a fee basis the legal fees vs chance of winning would eat up anything you "may" recover. If it were myself I would forget it but if one wanted to persue it I would think their best bet would be to write letters to the highest people in the school (eg senior mgmt, board, president, etc) or take a small claims court action by themselves. Just my thoughts.


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## Mukhang pera (Feb 26, 2016)

scorpion_ca said:


> An international student selected a two years program with a public college in AB and the tuition fees were $30,000 at the time of admission. The student completed the first year of the program successfully and paid $17,000 for the first year tuition fees. The second year/third semester class will start this fall and the college has increased tuition fees for that program in the mean time and now student will have to pay $18,000 instead of $13,000.


It is essentially a matter of contract law. Did the parties enter a binding contract under which the college offered to provide a 2-year program as a fixed price of $30,000 and the student accepted the offer? Then I would say the college is bound to honour the agreement, unless there was an escalator clause (to borrow a commercial tenancy term) allowing for an increase in midstream.

Was there a reason (in writing, I would hope) for $17,000 (more than half) being charged in the first year? Was it spelled out that only $13,000 would be due in the second year and now the college has reneged?

Speaking from personal experience...someone who attended 3 universities (at separate times) on a full-time basis for 9 years following Ontario grade 13, I never saw a university to commit to tuition costs for more than one year at a time. The fees were set each year, they increased each year and that was just the way it was. I completed 3 degrees, but I was never under any apprehension in the first year of any program that the cost of completing the degree would be on a prix fixe basis.

As for hiding in the weeds, paying the increased amount, then suing to recover after the fact, there are risks. The student would be well advised to at least put an objection on record at time of payment...a payment under protest so to speak. To pay up and say nothing leaves the door open arguments as to the true construction of the contract (if any), an agreed variation of terms, acquiesence, estoppel, and on and on.

Finally, with respect to a lawsuit, it would be a small claims matter, which makes it relatively simple and inexpensive, but not much point in the absence of proof on a balance of probabilities. A clear written contract would be a good starting point. I doubt one exists in this case, but maybe it does. If absent, then one would have to resort to sources such as college literature provided to the student containing representations as to costs, which representations a court would construe as having contractual force. Perhaps the least reliable source of proof would be an oral representation - eg. "the college registrar's assistant told me...". Then there would have to be proof that the representation was made, that it was made by someone with actual or apparent authority to bind the college and that was was reasonably relied upon.

But heck, if feeling litigious, why stop at a suit just to recover a measly 5 thousand bucks? Why not turn it into a litigation extravaganza? Include a claim for punitive and exemplary damages, intentional or negligent infliction of mental suffering. Perhaps decline to pay the amount being sought and sue for loss of what would have been a lucrative career, derailed by an attempt at extortion. Find others similarly affected and bring a class action. Bring the institution to its knees!


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## SMK (Dec 10, 2015)

What do you mean by "Student has been trying to resolve this issue with the college but so far no luck." The student has not received any response to the complaint, or was the answer not satisfactory?


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## Mukhang pera (Feb 26, 2016)

SMK said:


> What do you mean by "Student has been trying to resolve this issue with the college but so far no luck." The student has not received any response to the complaint, or was the answer not satisfactory?


I take that to mean there has been a dialogue kinda' like this:

Student: I'll pay $13k and not a penny more.
College: Well, the fees are $18k if you want admission to finish the program.
Student: That sucks.
College: Life sucks, get over it.


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## twa2w (Mar 5, 2016)

Mukhang has some good points
But i don't believe you can add claims for punitive damages etc in small claims court in Alberta.
Although this is a case for small claims court and not a lawyer, you can ask a lawyer for her opinion.
Alberta, like most provinces, has a lawyer referral service. You call the provincial bar Association, say you want a lawyer referral, tell them where you are and it is a contract law situation. They give you the the name of a lawyer. Call the lawyers office. Tell them it is a lawyer referral from the bar and make an appointment. You get 1/2 hour free. Some provinces it is an hour. 
Take all your documents with a summary of the facts and get the lawyers opinion.
If you exceed the free time, they will bill you though. Don't expect a written opinion, just a verbal one.


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## Mukhang pera (Feb 26, 2016)

twa2w said:


> Mukhang has some good points
> But i don't believe you can add claims for punitive damages etc in small claims court in Alberta.


twa2w might be right about Alberta small claims court jurisdiction to award punitive damages. In BC, such may be awarded. But we have some anomalies here too, such as a prohibition against bringing a defamation action in small claims court. In any event, I was not being too serious in that suggestion.

As twa2w suggests, a freebie consultation under lawyer referral might be worthwhile. There might also be some free legal clinics. Here, we have, for eg., the UBC Law Students’ Legal Advice Program. Alberta probably has some similar organizations. I am not sure any of them will provide you with a lawyer to appear in court at no charge. The UBC program provides representation in some cases, decided on a case-by-case basis. Not all provinces allow law students to appear as counsel in small claims court. So, if a lawsuit is really contemplated, be prepared to get advice, but to be self-represented in court.

Since my first comments, above, it also occurs to me there could be a consumer protection aspect to this case. That will depend on the facts and the application of provincial legislation to the facts.


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## scorpion_ca (Nov 3, 2014)

frase said:


> I'm not a lawyer but suggest that it could be a tough go in a lawsuit. My reasoning for this is twofold:
> 1. Was there a signed contract for the 2 year program at the $30,000. price.
> 2. If there was not, by virtue of paying the higher price for the second year the person has entered into a contract for services at the higher price.
> 
> Also, I highly doubt a lawyer would take this on a contingency basis and if a lawyer was hired on a fee basis the legal fees vs chance of winning would eat up anything you "may" recover. If it were myself I would forget it but if one wanted to persue it I would think their best bet would be to write letters to the highest people in the school (eg senior mgmt, board, president, etc) or take a small claims court action by themselves. Just my thoughts.


Student has contacted the director of the international centre and the director told that the fees are not negotiable. However, the director suggested to contact "a fund" at college for emergency situations and expressed that the student may be eligible for it. Student will contact to get the fund for emergency situation.

Although there is no sign contract for the 2 year program at the $30k, there is nowhere written in the acceptance letter that the fees could be increased in the middle of the program. Student does not have any intention to hire a lawyer. Student wants file a claim in a small court in AB at the end of the program.


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## scorpion_ca (Nov 3, 2014)

SMK said:


> What do you mean by "Student has been trying to resolve this issue with the college but so far no luck." The student has not received any response to the complaint, or was the answer not satisfactory?


Student has contacted the international centre at college but they suggested that tuition are not negotiable, try to get a loan from a bank or delay the program by taking less course or contact "a fund" at college for emergency situations.


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## Eclectic12 (Oct 20, 2010)

scorpion_ca said:


> How could a college increase the tuition fees in the middle of the program? It doesn't make a sense.


The same way a university does?

Bills were usually by semester, though I recall the increases usually being per year.


If a multi-year contract was signed then I can see there being grounds to work with. 


Cheers


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## scorpion_ca (Nov 3, 2014)

Mukhang pera said:


> It is essentially a matter of contract law. Did the parties enter a binding contract under which the college offered to provide a 2-year program as a fixed price of $30,000 and the student accepted the offer? Then I would say the college is bound to honour the agreement, unless there was an escalator clause (to borrow a commercial tenancy term) allowing for an increase in midstream.
> 
> Was there a reason (in writing, I would hope) for $17,000 (more than half) being charged in the first year? Was it spelled out that only $13,000 would be due in the second year and now the college has reneged?


There is no binding contract. When the student received an acceptance letter from the college, the student sent an email to the international centre and asked specifically about the first and second year tuition amount before paying for the first semester tuition fees. The college representative confirmed by replying the email that the tuition fees for first and second year is $17k and $13k respectively. 

Here is the college response - "At the time that XXX provided information on the tuition fees for the program, the fees that he/she quoted were correct. Since that time the college Board has approved an increase in the tuition fees for that program for all international students both new and returning."


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## olivaw (Nov 21, 2010)

scorpion_ca said:


> Student does not have any intention to hire a lawyer.


There is a difference between hiring a lawyer to go to Court and an inexpensive (of free) legal consultation.


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## scorpion_ca (Nov 3, 2014)

olivaw said:


> There is a difference between hiring a lawyer to go to Court and an inexpensive (of free) legal consultation.


Thanks. I will advise the student. 

Student will meet with a counselor to get a fund for emergency situation. If the student does not get the fund, student will request to the Academic Chair>Dean>CEO of the college to reduce the tuition fees.


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## Mukhang pera (Feb 26, 2016)

scorpion_ca said:


> There is no binding contract. When the student received an acceptance letter from the college, the student sent an email to the international centre and asked specifically about the first and second year tuition amount before paying for the first semester tuition fees. The college representative confirmed by replying the email that the tuition fees for first and second year is $17k and $13k respectively.
> 
> Here is the college response - "At the time that XXX provided information on the tuition fees for the program, the fees that he/she quoted were correct. Since that time the college Board has approved an increase in the tuition fees for that program for all international students both new and returning."


Based on what you have relayed, the student perhaps has an arguable case for saying there was a representation as to the fees for the entire program. The student perhaps can be heard to say "If you had warned me the fees might go up, I would not have embarked on the program. You offered me the program for $30k and I accepted." I am a bit surprised that the college (on the facts provided) nowhere suggested that fees might increase. 

In the end, it will depend on the wording of any documents signed, representations in correspondence, brochures, etc. and, perhaps to some extent "industry practice". By that I mean that if it is widely understood in college circles that what this college is doing is the norm, then that might work against the student. Thus far, on the second hand information provided, with no documents to look at, it's not clear cut.


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## scorpion_ca (Nov 3, 2014)

That's exactly the student's point. If the student had known that the tuition fees would be increased middle of the program, student would have chosen different program or even different college. 

There is nothing written on the acceptance letter that the fees could be changed but it is written on fee schedule of college's website that the fees can be changed without notice.


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## OhGreatGuru (May 24, 2009)

In answer to the question, not likely, unless OP can prove there was some implied contract for 2 years. NAIT and SAIT web sites, for example, are pretty clear that tuition is subject to change. I would imagine every other educational institution says the same.
Tuition fees are generally adjusted annually or by semester at CDN institutions.

The percentage increase in this instance seems unusually high. Someone at the university must have decided that the course was underpriced. OP might contact Student Federation to see if they have any explanation for this.


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## nortel'd (Mar 20, 2012)

scorpion_ca said:


> There is no binding contract. When the student received an acceptance letter from the college, the student sent an email to the international centre and asked specifically about the first and second year tuition amount before paying for the first semester tuition fees. The college representative confirmed by replying the email that the tuition fees for first and second year is $17k and $13k respectively.
> 
> Here is the college response - "At the time that XXX provided information on the tuition fees for the program, the fees that he/she quoted were correct. Since that time the college Board has approved an increase in the tuition fees for that program for all international students both new and returning."


Half finished something only to be informed, if you want that diploma/degree/piece of paper, you need to fork out more than you were initially informed. The college has kidnapped the student's diploma/degree/piece of paper for a $5000 ransom. 

International programs have become the new cash cow and are being toted all over the globe by representatives of Canadian colleges that are suffering from provincial funding declines and declining enrolment of Canadian students.

Pretty dirty and most unfair for the College Board to raise an international student's final year tuition $5000 cause they can. (in other words a 38.46% increase from what was outlined by the college representative's email). 


I think he/she needs to call CBC GO PUBLIC or a least register a complaint with Alberta's Better Business Bureau.

If that student was a Canadian, I don't think they could get away with and still maintain a good reputation with such a business model practise (a 38% out of the blue tuition increase).


Is this a _"Donald Trump of the North"_ college or university?


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## carverman (Nov 8, 2010)

scorpion_ca said:


> Student has contacted the director of the international centre and the director told that the fees are not negotiable. However, the director suggested to contact "a fund" at college for emergency situations and expressed that the student may be eligible for it. Student will contact to get the fund for emergency situation.
> 
> Although there is no signed contract for the 2 year program at the $30k, *there is nowhere written in the acceptance letter that the fees could be increased in the middle of the program.*
> Student does not have any intention to hire a lawyer. Student wants file a claim in a small court in AB at the end of the program.


He can certainly try his luck in small claims court, but he better have factual information with his acceptance letter and whatever OTHER documentation on his 2 year course with the college, where it specifically says they can't.

If the course is 2 years, the college could raise the tuition at completion of the first year. If the fees are not negotiable,
as the college indicates then more than likely he will have a tough time proving his case in front of the small claims judge.
An he can't just use the excuse "well your Honour..it just isn't fair to me that the college should raise their tuition like that"

He has to PROVE that a "defacto contract" (or facisimile) e*xisted prior to starting the first year at the college.*

An acceptance letter is not considered a contract and the fact that the college admission administrator stated the fees would be (to the best of knowledge) $xxxx thousand, is not in itself a obilgation by the college that they CANNOT RAISE the tuition for the entire 2 year period while he is attending.

In other words, "show me where it says, we cannot raise the fees".

Disclaimer: I am not a lawyer but like to play one on TV someday...like "Ironsides"..a TV show back in the 60s with Raymond Burr.


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