Background of the Lawsuit
This website is intended for students who were enrolled in the Diagnostic Medical Sonography (DMS) program at Canadian All Care College (CACC) between November 4, 2019 and November 9, 2022. A class proceeding has been initiated by Elias Faiz, representing all affected students, against CACC for alleged misrepresentations and breaches concerning the accreditation status of its DMS program.
A copy of the Statement of Claim can be viewed here.
Nature of the Lawsuit
The lawsuit is a proposed class proceeding which alleges that CACC misrepresented the accreditation status of the DMS program, failed to disclose its probationary accreditation, engaged in misleading advertising, and breached contractual and fiduciary duties owed to its students. The action claims damages for financial loss and other harm suffered by the class members due to CACC’s conduct.
The Claim alleges that CACC falsely represented that its DMS program was fully accredited, thereby misleading students, including the plaintiff, who relied on these representations. Additionally, the lawsuit alleges that CACC breached its contractual obligations and fiduciary duties by not disclosing the conditional or probationary nature of the program’s accreditation and failing to act in the best interests of the students. These allegations include claims of negligent misrepresentation by CACC and breaches of the Consumer Protection Act.
Certification
We are pleased to confirm that this action was certified as a Class Proceeding by the Honourable Justice Glustein on November 5, 2024. The Reasons of Justice Glustein can be found HERE. The Certification Order can be found HERE.
The Court-approved Notice of Certification and Opt-Out Protocol can be found HERE. Please note that the Opt-Out Deadline is April 8, 2025 at 5:00 PM (EST).
Settlement
The claim has now resolved subject to approval by the Ontario Superior Court of Justice in Toronto. The approval motion will proceed by Zoom on May 27, 2025 at 10AM (Zoom details to follow).
The Court has approved the publication of this Notice concerning the pending motion.