Federal Skilled Worker Class Action Lawsuit
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Author Topic: Federal Skilled Worker Class Action Lawsuit  (Read 671365 times)
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« Reply #600 on: November 01, 2012, 01:07:44 am »

Hi friends, even though I am posting a comment for the first time, I was following the discussion from th beginning. I am an April  2005 applicant from New Delhi, I have applied through an agent in India called ***** and also apart of Tim group, joined the litigation in the month of Feb-2012. saw that this is the most active and informative forum. As mentined above, there is a CMC planned at 4.30 PM Otawa , whic may fix the road map for the case, but may be discussing only clas action law suit, not Tims group. Honarable Mr. Barnes is in a mood , not to decide on Tims group. Hence will prolong as much as possible. He is decided , not to decide on the group.

Hi Shajitmathew,

Kudos on making your first posting.  Smiley

Thanks for the compliments.    Grin

Yes, the 14 November 2012 Case Management Conference and the hearings on 23 and 30 November 2012 are all meant for the Class Action litigation; not for Tim's litigation. You are right, Justice Barnes is trying to prolong as much as possible on ruling on Tim's motion. I hope it to come on the Class Action Certification hearing day or later, but surely before the year 2012 comes to an end.

You have mentioned that you joined Tim's litigation in February 2012. Was it just before 3 February 2012, when Tim made an agreement with CIC to "be guided by" the decision in the representative case? Or, was it later?
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wounderful
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« Reply #601 on: November 01, 2012, 01:56:37 am »

Hello Members:

I wounder if in the end there will be only one lead file or each lawyer has its own lead file ?

Any comments.

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hopefulever
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« Reply #602 on: November 01, 2012, 02:15:49 am »

So tim group is devided in three parts:

1      Those who joined before Feb 3 when aggrement was signed

2      Those who joined before 14th june when decsion was delivered

3      And those who joined after june 14th
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wounderful
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« Reply #603 on: November 01, 2012, 02:20:14 am »

Means,

Tim alone have (or may have) three lead files  Smiley the fourth will be after class action hearing......and fifth......quite interesting.
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« Reply #604 on: November 01, 2012, 02:38:51 am »

Hello Members:

I wounder if in the end there will be only one lead file or each lawyer has its own lead file ?

Any comments.

Every lawyer will have his/her own lead file.
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« Reply #605 on: November 01, 2012, 03:03:30 am »

So tim group is devided in three parts:

1      Those who joined before Feb 3 when aggrement was signed

2      Those who joined before 14th june when decsion was delivered

3      And those who joined after june 14th

Tim's litigation has many parts.
[1] The Chinese national, Liang, who has already got the visas. He was the first successful litigant and got the visas in 2 months time for him and his family.
[2] A group of 165 litigants whose files Bill C-38 (containing s. 87.4 of the Immigration and Refugee Protection Act) did not close. Their files would be finalised within 180 days of receipt of the forms and documents to CIC.
[3] Those whose files were assessed before March 29th or who applied between 27 February 2008 and 25 June 2010.
[4] Those who were assessed between 29 March 2012 and 29 June 2012.
[5] Those who applied before 27 February 2008 and did not have their files assessed by 29 March 2012.
[6] Those who joined Tim's litigation before 3 Feb 2012 aggrement was signed between Tim and CIC.
[7] Those who joined Tim's litigation before 14 June 2012 judgement was delivered by Justice Rennie.
[8] Those who joined Tim's litigation after 14 June 2012 judgement was delivered by Justice Rennie.
[9] ...
[10] ...

Please update if I have missed any. There might be some overlaps in the time period between the above parts, but still the parts tend to stand alone all on their own. Please correct me if I am wrong anywhere.
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« Reply #606 on: November 01, 2012, 03:26:15 am »

Means,

Tim alone have (or may have) three lead files  Smiley the fourth will be after class action hearing......and fifth......quite interesting.

No, every lawyer can have only one lead file.

In Tim's case, he first actually had a representative file and it was that of Liang's. It was successful and CIC has already issued the visas. Liang's file is not open anymore. Since CIC is refusing to honour the agreement it made with Tim, Tim now has to come up with a lead file. The lead file is that of Mohammad Mehdi Emam (IMM-7502-11).
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hopeful4
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« Reply #607 on: November 01, 2012, 03:38:23 am »

Tim's litigation has many parts.
[1] The Chinese national, Liang, who has already got the visas. He was the first successful litigant and got the visas in 2 months time for him and his family.
[2] A group of 165 litigants whose files Bill C-38 (containing s. 87.4 of the Immigration and Refugee Protection Act) did not close. Their files would be finalised within 180 days of receipt of the forms and documents to CIC.
[3] Those whose files were assessed before March 29th or who applied between 27 February 2008 and 25 June 2010.
[4] Those who were assessed between 29 March 2012 and 29 June 2012.
[5] Those who applied before 27 February 2008 and did not have their files assessed by 29 March 2012.
[6] Those who joined Tim's litigation before 3 Feb 2012 aggrement was signed between Tim and CIC.
[7] Those who joined Tim's litigation before 14 June 2012 judgement was delivered by Justice Rennie.
[8] Those who joined Tim's litigation after 14 June 2012 judgement was delivered by Justice Rennie.
[9] ...
[10] ...

Please update if I have missed any. There might be some overlaps in the time period between the above parts, but still the parts tend to stand alone all on their own. Please correct me if I am wrong anywhere.




There is an additional small group of people who applied before feb 28th 2008 and whose files were assessed before 29th of march 2012 . This is a group of 40, and Tim reached lately a settlement with CIC to assess their files within 300 days of the settlement.
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monumentsinegypt.blogspot.com
hopeful4
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Posts: 345
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Category........: FSW1
Visa Office......: vienna
NOC Code......: 4012
Pre-Assessed..: Yes
App. Filed.......: 28-9-2007
Doc's Request.: 10-3-2010
AOR Received.: 18-1-2008
IELTS Request: 10-3-2010
File Transfer...: 17-5-2012
Med's Request: 18-3-2013
Med's Done....: 21-3-2013
Passport Req..: 16-4-2013
VISA ISSUED...: 26-4-2013
LANDED..........: June-July 2013

« Reply #608 on: November 01, 2012, 03:46:09 am »

Hi friends, even though I am posting a comment for the first time, I was following the discussion from th beginning. I am an April  2005 applicant from New Delhi, I have applied through an agent in India called ***** and also apart of Tim group, joined the litigation in the month of Feb-2012. saw that this is the most active and informative forum. As mentioned above, there is a CMC planned at 4.30 PM Otawa , whic may fix the road map for the case, but may be discussing only class action law suit, not Tims group. Honarable Mr. Barnes is in a mood , not to decide on Tims group. Hence will prolong as much as possible. He is decided , not to decide on the group.
JUstice Barnes is giving time to two parties to reach several settlements concerning the various groups Tim is representing. He thinks that the problem may solve itself in this manner.
But for the largest group of applicants whose files were closed, CIC is total unwilling to compensate or compromise,,,,which means that the problem will need the interference of justice Barnes sooner or later.
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« Reply #609 on: November 01, 2012, 03:49:16 am »


There is an additional small group of people who applied before feb 28th 2008 and whose files were assessed before 29th of march 2012 . This is a group of 40, and Tim reached lately a settlement with CIC to assess their files within 300 days of the settlement.

Well done, hopeful4.  Smiley
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« Reply #610 on: November 01, 2012, 03:57:23 am »

JUstice Barnes is giving time to two parties to reach several settlements concerning the various groups Tim is representing. He thinks that the problem may solve itself in this manner.
But for the largest group of applicants whose files were closed, CIC is total unwilling to compensate or compromise,,,,which means that the problem will need the interference of justice Barnes sooner or later.

Yes, Justice Barnes seems to be a cool guy. He is as cool as cucumber. Till now, he has not taken any decision in haste. He has not been a hot potato so far to the litigants. At last, after the final decision is made, CIC might consider Justice Barnes a hot potato to handle.  Wink
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« Reply #611 on: November 01, 2012, 03:59:02 am »

For those of you guys who would like to know something about the person (Justice Barnes) who is going to decide on the fate of your litigation, here is some information that I got from the Federal Court (Canada) website.

The Honourable Robert L. Barnes
Born in 1951 at New Westminster, British Columbia.  Educated at Acadia University (BA Hons. 1974) and Dalhousie University (LLB 1977). Called to the bars of British Columbia and Nova Scotia in 1978.  Appointed Queens Counsel (1995).  Partner of Burchell, Hayman, Parish in Halifax, Nova Scotia (1985-2005).  Part-time lecturer at Dalhousie University Faculty of Law (1986-1995).  Served as Vice-President of the International Federation of Red Cross and Red Crescent Societies, Geneva, Switzerland (2004-2005) and President of the Canadian Red Cross Society (2001-2004).  Chair of the Nova Scotia Barristers' Liability Claims Fund (1993-1998) and member of the Canadian Lawyers' Insurance Association Advisory Board (1993-1998).  Recipient of the Nova Scotia Barristers' Society Distinguished Service Award (2005).  Appointed Judge of the Federal Court and ex officio member of the Federal Court of Appeal on November 22, 2005. Recipient of the Dalhousie University Weldon Award for Unselfish Public Service (2006). Recipient of the Order of Red Cross (2006). Appointed as a Judge of the Court Martial Appeal Court of Canada on September 21, 2006. Address: Federal Court, Ottawa, Ontario, K1A 0H9.

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Barnes
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« Reply #612 on: November 01, 2012, 04:12:04 am »

And, here is some information that I got from the Federal Court (Canada) website on Justice Rennie, who delivered the 14 June 2012 judgement.

The Honourable Donald J. Rennie
Prior to being appointed a Judge of the Federal Court in October 2010, Mr. Justice Rennie was Assistant Deputy Attorney General with the Department of Justice Canada in Ottawa.

Mr. Justice Rennie received a Bachelor of Arts (B.A.) from the University of Guelph in 1975 and a Bachelor of Laws (LL.B.) from Dalhousie University in 1978.

Mr. Justice Rennie was Assistant Deputy Attorney General (Litigation) with the Department of Justice (2006-2010). He was Chair of the Department's National Litigation Committee and co-chair of the Supreme Court of Canada Committee. He was a law clerk at the Ontario Court of Appeal (1980-1981) and to the Supreme Court of the Yukon Territory (1978).

Over the course of his 29 years of practice he appeared as counsel for the Attorney General of Canada in many complex cases involving the Charter of Rights and Freedoms, administrative, tort and constitutional law. He was counsel to Canada at the Commission of Inquiry into the Safety of the Blood System in Canada (Krever Inquiry), in arbitrations under the NAFTA and for the Minister of Justice in matters arising under the Judges Act. He has appeared at all levels of court in most provinces and in over twenty appeals before the Supreme Court of Canada.

He has been co-author of the Federal Court Practice since 1988 and also co-author of The Annotated Crown Liability Act 1995. He was a frequent panelist at legal conferences and is the author of numerous legal articles, most recently “The Extra-territorial Application of the Charter of Rights” in the 2009 Supreme Court Law Review.

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Rennie
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Shajitmathew
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« Reply #613 on: November 01, 2012, 06:19:22 am »

I Joined the law suit on 24th Jan 2012.
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« Reply #614 on: November 01, 2012, 07:30:48 am »

 I wonder how many from the 240 000 space is allocated to Legislation applicants.
http://visalawcanada.blogspot.in/2012/11/immigration-levels-to-remain-constant.html
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