Tuition deposit?

Tuition deposit?

"peymany2k@yahoo.com"	6/18/2005 7:51:38 AM
Hi: I need your help about our dispute with faculty of Dentistry at the University of Western Ontario.Here is a brief about our story: My wife is a Dentist graduated outside north America and came to Canada in 2001. She tried to get into Qualifying Program to get certified as a Dentist in Canada.(It is a must for forign trained dentists) Qualifying Program is a 2 years program for foreign trained dentists and each year tuition fee will cost about $50'000(Fifty thousand). The application fee for UWO is $1450 which we paid in full. According to university information for June 2005 program there was about 110 applicants. University can accept only 12 applicants. she received the offer of admission for UWO on September 2004 and university asked for a $5000 tuition deposit in form of money order. She signed the form which clearly states the $5000 deposit is just for tuition deposit. She changed her mind attending this university and informed them in writing on November 23. 2004.(She got accepted in another university but didnt disclose it to UWO) According to UWO letter, they had many good applicants this year and the course will not start until June 2005 but they claim according to their policy the $5000 is non-refundable! I was told this is an unjust enrichment because: 1) There is no financial loss to UWO and they will get the money from another applicant to fill the position. 2) She withdrew from the program on November 2004 which The course has not been started yet and UWO has plenty of time until June 2005 to get the money from another applicant. We even had to hire a lawyer to prepare a letter and offering them to deduct some administration fee from it and return the rest, but no result. As you know university has a lot of money from government and tuition and we believe it is not fair to keep such a large amount of money without a logic reason. I can enclose and fax all the paper work I have and if you need.I appreciate your advise, Do I have any right?Can I fight against this policy in small claim court? I appreciate all your feedbacks. Can you give me a research showing if it is an unjust enrichment case? thnx



Phoebe & Allyson	6/21/2005 11:32:33 AM
peymany2k@yahoo.com wrote: they claim according to their policy the $5000 is non-refundable! http://www.fmd.uwo.ca/dentistry/QualifyingProgram/QP/FeesDeadlines.html "Upon acceptance to our program you are required to pay a $5,000.00 tuition deposit that is non-refundable." It seems to me that the time to object to that policy would have been before you accepted their offer and gave them your money. As you know university has a lot of money from government and tuition and we believe it is not fair to keep such a large amount of money without a logic reason. "Because we told you in advance that the deposit would be nonrefundable" seems like a logical enough reason to me. Life is not always fair. Phoebe IANAL, Canadian or otherwise :)



"Stuart A. Bronstein"	6/22/2005 12:59:17 PM
Phoebe & Allyson <allyphoe@yahoo.com> wrote: peymany2k@yahoo.com wrote: they claim according to their policy the $5000 is non-refundable! "Because we told you in advance that the deposit would be nonrefundable" seems like a logical enough reason to me. Life is not always fair. Forfeiture provisions in contracts are often considered penalties, which can be unenforceable unless related to the actual amount of damages that are incurred. Stu



"Carl S."	6/27/2005 2:49:38 PM
"Stuart A. Bronstein" <spamtrap@lexregia.com> wrote in message news:h56jb15mgbsjs1pjnkhrbagl6q1l05v7na@4ax.com... "Because we told you in advance that the deposit would be nonrefundable" seems like a logical enough reason to me. Life is not always fair. Forfeiture provisions in contracts are often considered penalties, which can be unenforceable unless related to the actual amount of damages that are incurred. If it is too late for the school to replace the withdrawing student, I can see a judge enforcing the clause.

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