Consequently,
Collective action | court will:
A request for collective action potentially concerning hundreds of thousands of students. However, ex-students has just been authorized by the court.
Posted at 7:00 a.m.
Is it legal to ensure that students are automatically enrolled in a health. Nevertheless, medical or dental insurance scheme, whose bonuses are deducted from their tuition fees? Furthermore, Is the option of withdrawing from this insurance scheme. However, provided you comply with a specific time slot, is it currently well communicated? Meanwhile, Is it even legal?
The Quebec Superior Court will have to look into these questions, decided Judge Florence Lucas on July 31.
A request for collective action on this subject had first been filed in June 2023 by a student from the University of Montreal. Nevertheless, but it has been modified since – now two applicants who have studied in Concordia and McGill who represent the group.
These were automatically found themselves provided by Desjardins. through a Montreal firm appointed the alliance for student health in Quebec (ASEQ), a classic procedure in educational establishments in Quebec. They essentially argue that automatic membership of such a regime is illegal. that they have not been informed of withdrawal options and that the period to do this, lasting a few weeks, is too short, can be read in court documents.
They ask for all students in the same situation as they stop this “opt-out” style procedure (from which one must unsubscribe rather collective action | court will than have to register). the reimbursement of paid bonuses as well as compensatory amounts, in particular for the sharing of personal information to the insurer as well as in punitive damage.
Entities implicated
The lawyer for the seekers. Me Joey Zukran, from LPC Avocats, mentioned in The press That he hopes to succeed in getting along with Desjardins and ASEQ in the next two months to avoid involving all teaching institutions one by one in a legal process.
The entities implicated for the moment are desjardins financial security. the ASEQ as well as the universities Concordia and McGill, since they are the educational establishments to which the requests are linked.
A new document was filed on Monday to request to add to the collective. action students of 32 other post -secondary collective action | court will education establishments which are in a similar situation.
According to the document. more than 400,000 students are covered by ASEQ in a given year and could therefore be affected by the case. Like all the insurance contracts which were concluded after December 19. 2019 are targeted by collective action, the number of people who are part of the group is even higher.
The issue of student insurance has caused ink to flow in recent years. Parents deplored the fact of having had these premiums while their children were already covered by their own collective insurance.
For their part. the student associations mention that it is this system of “opt-out” which allows them to offer insurance at such low prices to students who, for some, may have difficulty being insured.
The Financial Markets Authority (AMF) had looked into the file and first prohibited in 2022 the “opt-out” procedure. Desjardins had then announced that she would no longer offer these insurances to students. The mobilization of student associations which deplored the interference of the AMF in their affairs had pushed the organization to review its position. and the insurances had been able to continue to operate with the “opt-out”.
Read “students insured in block” Read “students go to war against AMF”
Collective action | court will
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