Is it possible to deny certification for a school where the principal made a series of inappropriate and misleading statements to a student?

As I noted earlier, the claim in Mouhteros v. DeVry was denied certification for this very reason. There were scores, if not hundreds, of statements made to thousands of students over a six year period. Winkler J. found that the individual issues would be overwhelming.

Matoni v. C.B.S. was a similar sort of case. While the class was considerably smaller, approximately 200 students over a two year period, different representations were made to members of the class and some of the statements were oral and some were written. There were material differences in the contract documentation given to students over the class period and the plaintiffs relied upon both express and implied contract terms. Hoy J. distinguished Hickey-Button, at paras. 109 – 111, on the basis that in that case, unlike the case before her, the plaintiff relied on common written material provided to all class members. Hoy J. found that the individual issues (apart from those arising from the Consumer Protection Act, 2002 claim) would overwhelm the common issues. The case before me is much closer to Hickey-Button than it is to Matoni v. C.B.S. or Mouhteros v. DeVry.