Student files lawsuit against UVic over pandemic parking fees, case dismissed – Saanich News

A class action lawsuit that was filed against the University of Victoria for unreimbursed parking fees when in-person classes were halted due to the pandemic was recently dismissed.

The lawsuit was filed by student Aaron Timothy Elsser who requested a partial refund on a parking pass after the school switched to online learning in March 2020.

On September 24, 2019, Elsser purchased an annual parking permit for $568.05 which allowed him to park on campus from September 2019 through August 31, 2020.

When the campus closed in March 2020 due to the COVID-19 pandemic, UVic took the position of not partially refunding annual parking permit holders.

According to a court document, Elsser said he purchased the parking permit for the purpose of attending the college campus to learn and study.

He argued that because the school had moved from in-person to remote learning due to the pandemic, there was no reason for him or other class members to park. on campus and that the parking contract had been breached.

When UVic sought to dismiss the suit, Elsser argued that it was too soon to be dismissed because the university had not provided documentation regarding its decision to retain the parking permit fee and several other supporting documents such as purchase patterns and permit values.

However, a clear contractual provision regarding refunds to UVic states that for the first four months, pro-rated refunds would not be available for any reason, and after four months, no refunds would be available for any reason. it would be.

“Given my findings regarding the duration of the parking requirement and the duration of good faith, I am satisfied that the plaintiff’s claim that the parking contract was breached has no chance of success. Accordingly, the action for breach of contract is dismissed,” B.C. Supreme Court Justice Catherine Murray said in the court filing.

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