My daughter paid fees to study in Canada. Due to the delay in the study permit, she had to defer her admission from Sep

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Customer: My daughter paid fees to study in Canada. Due to the delay in the study permit, she had to defer her admission from Sep 2020 to Sep 2021. The permit was issued in Jan 2021. She now wants to withdraw from that college and attend a different college. They are refusing to refund the tuition fees although the term has not started
JA: Has your daughter talked to a Canadian lawyer about this?
Customer: Not yet
JA: What steps has she taken so far?
Customer: Officially requested a refund from the college and they have responded with a rejection. She completed the official form.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The total fees paid are CDN9300
Answered by Joey in 2 hours 1 year ago
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Joey
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Joey
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. You would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. You may receive a phone call request which is automated from this website and you may choose to ignore this request. If at any point during our conversation you would like to have a call, I’d be more than happy to arrange one with you at an additional cost. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Which province are you located in?

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Joey, Expert

I should say, which province is this school located in and is it a public university/college or a private college?

Customer
Apologies I was responding via sms I did not realise that this required me to login here.
Customer
The college is Fanshawe College in London Ontario, I believe it is a public college.
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Joey, Expert

According to their website (https://www.fanshawec.ca/international/student-services/international-student-withdrawal-and-refund-process#), a refund request must be made at least 10 days prior to the start of the semester, and there is a $2300 non-refundable fee.

Customer
I can understand that and we were prepared to lose some money but they are claiming that because she deferred her registration to the 2021 semester instead of 2020, she does not qualify for a refund and will lose everything paid.
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Joey, Expert

Is that a written policy of theirs?

Customer
That is what they say but I don’t have the policy and they never sent us the policy when we deferred
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Joey, Expert

Perhaps reach out to them and ask for this written policy. Maybe they are not applying it correctly.

Customer
Am we sue the college given the fact that they did not give us the policy at the time of deferring, even if the policy exists
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Joey, Expert

It would have been best practice that such a policy was provided to you in advance, but it would be difficult to sue on this point.

Customer
Why is it not possible? Is this because it’s a university?
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Joey, Expert

You can sue anyone, but if they had a policy in place and you never made the appropriate inquiries into them then it would be a difficult claim to make. If they deliberately withheld this policy from you after you made some inquiries, that would be a different story.

Customer
We made a decision to defer without full knowledge. We enquired on the process of deferring and the college advised us to submit our request via the online system, which we did. Never at any point did they indicate what the conditions of deferring are. All that they stated was that if we have not received our visa we could either ask for a refund or defer to the following semester, which we opted for. Had they mentioned that once you defer you forfeit the right to change colleges, we may have made a different decision.
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Joey, Expert

If you feel that this information was withheld from you and it was never made available to you, then you could sue them. Here is a link for the Ontario lawyer referral service to help you find a lawyer in the event you are thinking of bringing a legal claim: https://lsrs.lso.ca/lsrs/welcome

Customer
Thanks. We will just pursue this path without a doubt.
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Joey, Expert

Does that help answer your question today?

Customer
thank you Joey.
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Joey, Expert

My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Thank you
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Joey, Expert

You're welcome.

Customer
What area of law would it be? Administrative?
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Joey, Expert

Likely a contract law issue.

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