Class Action Claim

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					Class Action


Student Loans 1997 - 1998

Dikranian vs. Quebec (Attorney General)


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Summary of the Class Action

   All students having contracted their last student loan pursuant to the Act respecting
    financial assistance for education expenses (the «Act »), prior to June 30 1997 or prior
    to April 30 1998, benefit, according to their contract, from an exemption period for the
    payment of interest on their student loan.

   This period corresponds to the period during which they were studying and was extended
    for 7 months following the end of their studies.

   During this exemption period, the minister of education was obligated to pay the interest
    on the student loan directly to the student’s financial institution.

   The Act was modified in 1997 and in 1998 reducing the exemption period by 1 month and
    then by 6 months respectively.

   In applying these modifications to the Act, the minister of education charged the students
    interest that was subject to the exemption period pursuant to their student loan contract.

   In his class action, Plaintiff Harry Dikranian, claimed from the Courts that the
    modifications to the Act be declared non opposable to the students having already signed
    their student loan contract at the time the said modifications came into force.


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Summary of the Class Action(continued)

   On December 2nd, 2005, the Supreme Court of Canada granted Plaintiff Harry
    Dikranian’s class action and declared that the charging of interest by the Minister was
    illegal and that the modifications to the Act were not opposable to the students having
    signed their student loans prior to the coming into force of these modifications; The
    students benefiting from acquired rights.

         Supreme Court of Canada judgment


   On December 7th, 2007, the honourable justice Pierre Journet of the Quebec Superior
    Court condemned the Minister to refund all the students forming part of the Class
    Action, the interest that was charged illegally by the Minister of education on their student
    loans.

         Superior Court justice Pierre Journet’s judgment

   Commencing on June 2nd 2008, all persons having signed their last student loan prior to
    June 30 1997 or prior to April 30 1998, may file a claim for a refund on line on the
    education minister’s Website at www.afe.gouv.qc.ca.

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Who are the persons involved?
(« The Members of the group »)


   Sub-group A                           Sub-group B
    "All students who on June              "All students who on April
    30, 1997 had obtained one              30, 1998 had obtained one
    or more student loans after            or more student loans after
    signing a Loan Certificate             signing a Loan Certificate
    issued by the Direction                issued by the Direction
    générale de l'aide finacière           générale de l'aide finacière
    aux étudiants and who did              aux étudiants and who did
    not obtain other student               not obtain other student
    loans after June                       loans after April 30, 1998,
    30, 1997, and completed or             and completed or
    abandonned their studies               abandonned their studies
    after June 30, 1997"                   after April 30, 1998."

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THE CLAIMS PROCESS
(Highlights)

   The claims process will take place exclusively on line via the Minister of education’s
    Website at:
              www.afe.gouv.qc.ca

   The claims process will become available as of June 2nd 2008.

   The Members of the group will be advised by the Minister by way of an individualized
    notice mailed on June 2nd 2008 to their last known address.

   A notice in the newspapers will be published on June 7th 2008.

   The members will be able to access the Website and file a claim between June 2nd 2008
    and June 1st 2009.

   The claim will be calculated automatically by computer software or by an agent of the
    Minister of education.

   No document needs to be sent.
   No signature or declaration is required.

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    THE CLAIMS PROCESS
    (On line)

                     To receive a refund

   The person believing that he or she is a member of either of the sub-groups A or B must file
    a claim for a refund on line with the Aide Financière aux études by no later than June 1st
    2009, as follows :

   Access the Aide Financière aux études Website at: www.afe.gouv.qc.ca

   Open a session under the heading « On-line Access to your file »;

   Choose the option « Class Action – Student Loans 1997-1998 »;

   Complete the information request to identify the member:

   Type in your name and Permanent Code (indicated on the individualized notice or on the
    student loan documents)

   The right to a refund including the detail of the amount of the refund to which the
    member is entitled to will then appear on screen. If information is missing from the
    file, the member must authorize an agent of l’Aide Financière aux études to complete the
    claim.

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THE CLAIM PROCESS
(On line)



   To accept the amount of the refund appearing on screen, Click          “I Accept”

   If the amount appearing on screen is accepted, a cheque will then be forwarded by
    mail to the member in the following days.


   If the member wishes to contest his or her inadmissibility or the amount of the refund, the
    member must follow the instructions to complete a request for a review. (Certain
    documents must then be provided.)

   If the member is dissatisfied with the result of the review, he or she may then also file a
    judicial contestation of this decision.




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THE CLAIM PROCESS
(Obtaining the Permanent Code)


    To file a claim on line, the member must have in his possession his or her Permanent Code.

   The Permanent Code is given by the Minister of education and allows for the identification of each
    student attending an educational institution in the province of Quebec.

   The Permanent Code may be found on :

               The individualized notice sent by the Minister to all Members of the group.
               The report cards or transcript provided by an educational institution;
               Any personalized document sent by Aide financière aux études or the Ministère de
                l'Éducation, du Loisir et du Sport .

   If the Permanent Code is forgotten or lost :

               The Member may contact his or her educational institution or the regional branch of the
                Ministère de l'Éducation, du Loisir et du Sport (MELS) for assistance in obtaining one. The
                Member must then provide :

               His or her name, date and place of birth, sex as well as the names of his or her parents;
               an official document, either an original or a copy that is certified true by a commissioner for
                oaths, that certifies your identity (a birth certificate if you were born in Canada or an
                immigration document if you were born outside Canada)



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THE CLAIMS PROCESS
(Important dates)


   DATES TO REMEMBER (THE DELAYS ARE STRICT)
    ______________________________________________________________________________
    For eligible persons whose refund claim is automatically calculated:
    Final date to accept the refund amount indicated on the AFE Website and Final
    date to mail to the AFE a Request for review: June 1st 2009.
   ______________________________________________________________________________
    For eligible persons whose refund claim must be calculated by an AFE agent:
    Final date to authorize an AFE agent to calculate the refund : June 1st 2009;
    Final date to accept the refund amount indicated on the AFE Website and Final
    date to mail to the AFE a Request for review June 1st 2009 or
    the 45th day following the date of the information notice,
    according to the later of these two dates.
    ______________________________________________________________________________
    In the event a person has availed himself or herself of a request for review:
    Final date to file a Judicial contestation before the Court:
    the 45th day following the date the decision is rendered in review.
    ______________________________________________________________________________
    In the event a person has availed himself or herself of a right of Judicial contestation:
    Date of hearing to dispose of the judicial contestations: December 7th 2009.
    ______________________________________________________________________________




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     A FEW NUMBERS
The Members of Sub-Group A

   According to the Statistics published by the Ministère de l’éducation in 1997-1998
        65 582 persons have taken charge of their student loan in 1997-1998
        The average value of debt related to studies totalled $9,751
        For this Sub-group A, the refund to which they are entitled to represents 1 month of
         interest charged illegally on their student loan.

The Members of Sub-Group B

   According to the Statistics published by the Ministère de l’éducation in 1998-1999
        71 253 persons have taken charge of their student loan in 1998-1999
        The average value of debt related to studies totalled $10,010
        For this Sub-group B, the refund to which they are entitled to represents 6 months of
         interest charged illegally on their student loan.

   According to the representations made by the Ministère de l’éducation before the
    courts, the total number of Members of Sub-groups A and B, according to their
    records represents only 80,000 persons.


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Additional Information


        For further information or for any assistance to file a
        claim, we invite you to communicate with the Class
        Action attorneys at:
        classaction@skm.ca




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Sternthal Katznelson Montigny


       1010 de la Gauchetière
       Place du Canada, Suite 1020
       Montreal, Quebec, H3B 2N2
       (514) 878-1011
       1 (800) 905-1011



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