University of Victoria Facing Class Action Lawsuit Over Parking Permit Refunds

The University of Victoria has been hit with a class action lawsuit seeking refunds on behalf of anyone who purchased parking permits that were meant to be effective between March 16 and Aug. 31, 2020, when the campus was actually closed on those dates in response to the COVID-19 pandemic.

Plaintiff Elizabeth Odessa Cheeke says she purchased an annual parking permit from the University of Victoria in early September 2019. According to the University of Victoria class action lawsuit, the terms of the parking permit contract provided parking facilities on campus from Sept. 1, 2019 through Aug. 31, 2020.

Elizabeth says that it was an express term of the parking permit contract that the University of Victoria would provide parking facilities to those who held valid permits.

She says it was an implied term of the parking permit contract that University of Victoria would keep the buildings on campus open and continue to provide in-person classes as indicated in the university’s academic calendar so that campus parking stalls would be required to store vehicles for staff, faculty, students, and visitors attending campus.

According to the University of Victoria parking permit class action lawsuit, it was an implied term of the parking permit contracts that the university would act in good faith regarding its contractual duties.

The World Health Organization declared the global outbreak of COVID-19 a pandemic on March 11. In response, the University of Victoria made a series of announcements and implemented measures to reduce the spread of transmission of the novel coronavirus.

In-person course instruction was reportedly discontinued on March 16 as students and faculty transitioned to alternative modes of instruction.

According to the University of Victoria parking permit class action lawsuit, most of the buildings on campus have been closed since March 16. The University reportedly announced two days later that it would no longer be offering several in-person services to students.

Later in March, the University announced that it was taking steps to address the COVID-19 pandemic by “moving away from face-to-face classes, … facilitating remote working and helping students in campus residences to return to their homes elsewhere,” according to the University of Victoria parking permit class action lawsuit.

Despite closing much of the campus, the University of Victoria announced on its website on March 20 that it would not issue partial refunds for parking permits.

Elizabeth says the University of Victoria has breached an express term of its parking permit contract, which indicated the University would provide parking facilities on campus from Sept. 1, 2019 through Aug. 31, 2020.

“The Plaintiff and the Class Members have suffered loss, damage, and expense in the sum of all amounts paid in consideration for the Parking Permits which would cover the duration of the Campus Closure, on a prorated basis,” the University of Victoria class action lawsuit alleges.

Elizabeth filed the University of Victoria parking permit class action lawsuit on behalf of herself and a proposed Class of all faculty, staff, and students who, prior to 4:30 p.m. on March 13, 2020, purchased a parking permit from the University of Victoria that was meant to be effective during the period of March 16 to Aug. 31, 2020.

The University of Victoria class action lawsuit asserts claims for frustration of contract, breach of contract, and unjust enrichment.

“The Pandemic constitutes a frustrating event that so significantly changed the nature of the University and the Class Members’ rights and obligations from what they could have reasonably contemplated when executing the Permit Contracts, that it would be unjust to hold them to the Permit Contracts’ literal stipulations,” Elizabeth says in the University of Victoria class action lawsuit.

If the court finds that the contracts were not frustrated, Elizabeth argues that a breach of contract occurred when the University of Victoria closed its campus. The university also breached its duty of good faith by failing to provide Class Members with partial refunds for their parking permits.

The University of Victoria parking permit class action lawsuit argues that the university was unjustly enriched through the payments for periods during which parking on campus is no longer necessary or practical.

Elizabeth is seeking an order certifying the University of Victoria class action lawsuit, prorated parking permit payments, general and special damages, costs, interest, and other relief the court deems just.

What do you think about this parking permit class action lawsuit? Should students, faculty and staff get their money back for the unused parking permits? Tell us your thoughts in the comment section below! 

The plaintiff is represented by Mitchell D. Selly of MacIsaac and Company.

The University of Victoria Parking Permit Class Action Lawsuit is Elizabeth Odessa Cheeke v. University of Victoria, Case No. VIC-S-S-201579, in the Supreme Court of British Columbia, Canada.

Read More Lawsuit & Settlement News:

Toronto Restaurant Sues Insurance Company Over Denied COVID-19 Claims

Class Action Lawsuit to Be Filed Over False COVID-19 Positive Test Results

Fans Rage Over Ticketmaster Allegedly Changing its Refund Policy

Canadian Airlines Facing Class Action Lawsuit Over COVID-19 Cancellations