Advocis files counterclaim against SeeWhy Financial Learning

Advocis has filed a statement of defence denying breach-of-contract allegations made against it by the Huntsville, Ont.-based education provider SeeWhy Financial Learning Inc. Advocis is also launching a counterclaim alleging it was overcharged.

In turn, SeeWhy denies Advocis’ claims and says the terms of the agreement it has with the association are clear.

The dispute centres on student access to, and fees for, SeeWhy’s learning materials, which Advocis uses in its course for the Life Licence Qualification Program (LLQP).

“Advocis will vigorously defend itself and its members by seeking to recover any funds inappropriately billed to our organization,” the association said in an emailed statement. “Ensuring the responsible use of member fees is non-negotiable.”

In an emailed statement via the assistant of Dennis Touesnard, counsel for SeeWhy and a partner with Waterous Holden Amey Hitchon LLP in Brantford, Ont., SeeWhy said it “at all times” charged Advocis according to the two parties’ agreement.

Advocis settled a similar claim with SeeWhy in 2024, paying the education provider nearly $100,000.

Regarding the current case, in Advocis’ statement of defence and counterclaim filed on July 24 with the Ontario Superior Court of Justice in Brantford, the association argues that the agreement with SeeWhy isn’t exclusive and that the association isn’t required to offer SeeWhy’s learning materials to all students registered in its LLQP course.

Advocis incorporated the Advocis Learning Centre (ALC) in May 2024 to deliver education offerings after the association “assessed and reorganized” its educational structure, Advocis’ defence and counterclaim states. The ALC subsequently contracted with a different provider for LLQP course materials, it states.

SeeWhy’s claim against Advocis, filed in February of this year, alleges Advocis breached the agreement with SeeWhy by failing to provide SeeWhy’s learning materials on the ALC platform, which negatively affected SeeWhy’s fees.

While SeeWhy seeks punitive damages of $250,000 or an amount set by the court, Advocis asks that the action be dismissed with costs payable on a full indemnity basis.

In the counterclaim, Advocis alleges SeeWhy breached the agreement by failing to respond to an audit request and by overcharging by an estimated $223,090. An amount for damages will be established prior to trial, the counterclaim states.

“We stand firmly behind our position,” Advocis said in its emailed statement.

SeeWhy filed a reply and defence to Advocis’ counterclaim on July 25 with the Ontario Superior Court of Justice in Brantford, denying the allegations, repeating its allegations against Advocis and stating that the agreement terms are clear.

“SeeWhy looks forward to questioning the individuals who executed the agreement on behalf of Advocis,” SeeWhy said in its emailed statement.

The education provider asks for the counterclaim to be dismissed with costs payable on a full indemnity basis.

“SeeWhy expects that the court will reject Advocis’ interpretation of the agreement and award damages in SeeWhy’s favour,” the education provider said in its emailed statement.

Five legal claims

In less than two years, Advocis has faced five legal claims, including the two from SeeWhy, as the association restructured and cut expenses after operating at a deficit in 2022 and 2023. Among the claims was one for wrongful dismissal from former longtime CEO Greg Pollock, who was ousted from the association in September 2023. The claim was settled last year.

According to SeeWhy’s claim, the education provider’s agreement with Advocis was effective February 2022, and an amendment was effective April 2023.

Just days before SeeWhy filed its claim in February, Burlington, Ont.–based Net-Patrol International Inc., a cybersecurity firm, sued Advocis and Advocis Broker Services Inc. for more than $560,000, alleging breach of contract. Advocis filed a counterclaim, seeking nearly $185,000 in damages. Net-Patrol hadn’t filed a defence to the counterclaim as of Wednesday, according to the court, and legal counsel for Net-Patrol didn’t respond to a request for comment.

Also in February, Advocis informed members of a human rights complaint that was filed that month by a laid-off former employee. Submissions are under review with an adjudicator to determine next steps, a spokesperson for Tribunals Ontario said in an email on July 24.

Largely a result of its cost cutting, Advocis posted a $1.8-million surplus in 2024. Revenue for the association was relatively flat, with a 4% increase last year. However, fees for professional development courses rose 15% ($377,000) to $2.8 million. Sales for Advocis’ LLQP course accounted for 87% of the increase, according to the management discussion and analysis in the association’s annual report.

CEO Kelly Gorman joined Advocis last fall, and the association has since established a business plan focused on growth, member services and advocacy, and has also committed to governance reform.