HOW TO SUE CIC FOR NEGLIGENCE ??

[CANADAMEXICO]

Hello,

I am interested to find out how to start or join a lawsuit or find a lawyer who is successful in this aspect, regarding negligence at the hands of CIC.

I realize that many people are rather upset at the length of time it takes for their applications to go through, or for cic "losing documents" etc. but what about an actual case of bonafide negligence?

In our case, when we received the decline of the ARC we were told we had NO APPEAL RIGHTS, when in fact, we did.  Our rights were denied several times in writing from the embassy and the appeal board themselves and via 2 other government offices. Finally, after a lengthy delay, and my written submission, it was finally acknowledged that we did have appeal rights after all.

Also, 2 interviews with the embassy were cancelled and rescheduled on us. And the embassy asked for a document which takes 4 months to obtain, when they later acknowledge to a government officer that they did not in fact need the document in the first place, yet would not respond to me directly about it.

All in all i would say this definitely adds up to "negligence".  I would like to start a civil lawsuit or some other lawsuit or inquiry. I have all the evidence in writing from all sources. The total additional delay was approximately 8-10 months directly from the negligence.

Any ideas?

[serenifly]

    ... reason for denial ?

[Pharoh]

I'm not sure suing CIC is going to make any of our applications go faster... it may just piss off the Honourable Jason Kenney, and result in further clampdowns on information and delayed processing.

...but I understand your frustration, and stand behind you.  Go get `em!!!   

[YorkFactory]

I'm not seeing any negligence on CIC's part.  Even if CIC told you something in error, they aren't your legal counsel.  It's probably an uphill battle anyway, because the Queen has immunity except where she specifically waives it.

[eyeoftheocean]

I wouldnt consider taking CIC down that road ! watch out CSIS will be tailing you !!

[gman]

I don't think you can sue CIC, but you can complain and remember this come the next federal election. Make this an issue and let these politicians know this.

First, order your CAIPS notes, search here immipedia.ca/Ordering_FOSS_and_CAIPS_notes

Then read the
Operational manuals and bulletins
Here is the link

cic.gc.ca/english/resources/manuals/index.asp

OP 1
Procedures
5.2. Principles of the International Region
International Region achieves excellence in fulfilling its mandate and realizing its vision through a
shared commitment to:
• professionalism;
• client service;
• integrity;
• accountability;
• teamwork;
• fairness and compassion.

5.39. Response to inquiries and representations – clients and representatives
C) Quality of service complaints, or situations involving possible professional misconduct or malfeasance
• Immigration Program Manager by e-mail.
   E-mail address format: ??
• If no reply after 30 days, Director for the geographic region by fax at 613-957-5802.

If you complain to the Embassy that is handling your file, the I/O will just suppress it. Instead complain to the fax number above. But if the I/O is still working on your file and finds out about your complaint they will go into retaliation mode and screw you over.

Also check this section of OP1
8. Procedural fairness

Not that they follow their own rules of course.

A senior I/O can earn as much as $101,000.00 per year and keeping an I/O at a foreign post costs the Canadian tax payers in between 200 to 300 thousand dollars a year.

The I/O working on our file is so incompetent he or she cannot even send an email to the correct address, couldn't get the extension right. What an idiot. And that is just one of a dozen mistakes that has been made on our file including misquotes, misleading statements and pure and utter fabrications.

If an I/O gets enough valid complaints filed against him or her, they can be fired.

With regards to pissing off Minister Kenney, remember, these MPs work for us and they should be more worried about pissing us off. If they show little interest or concern, if they are of little or no help, do not forget that when the next election comes. Talk this up with all your friends and family, talk to everyone that you can. A MP only has to lose by one vote and their career is over.

[deepiv]

SUE THEM. THEY WERE NEGLIGENT WITH MY APPLICATION WHEN THEY DECIDED TO SSEND IT ALL BACLK TO ME THROUGH REGULAR MAIL FOR ONE MISSING DOCUMENT. AND IT WAS SENT IN FEBURARY AND I HAVENT RECIEVED IT YET. IT KILLS ME TO GO CHECK THE MAIL EVERYDAY HOPING ITLL BE THERE BUT ITS NOT. ITS MAKING MY HUSBAND AND I BE APART AND THE PROCESS LONGER. : i hate them

[gman]

You hate them already. You have just begun this application. I don't know what embassy is doing your application, but you have more than likely a very long wait. Try to stay calm, many of us here feel the same as you do.

[waitingintz]

Not a legal expert but I'm pretty sure it is the individual (or individuals) who mis-informed you and acted outside of standard operating practices that are at fault.

I know it won't help you but I would definitely follow up with the visa offices involved to ensure that disciplanary action is taken against the specific staff involved.

If the right people are in place, these things wouldn't happen.  I say push for an investigation against them.  Even if you are one complaint, if others complain about the same staff hopefully something will be done and this won't happen to someone else.

Sorry... but as much as I understand your frustration... don't think spending a lot of time and money trying to sue is going to get you very far or help sort out your application.

[CANADAMEXICO]

   ... reason for denial ?

Reason for denial...."not compelled" to let him in.  No specific reason.  In our CAIPS notes, the interviewing officer approved the permanent residence visa for family class sponsorship (he is my husband of 3 years, together for 6). They denied his ARC application after that for no reason given. Just no.  And they denied it a month before they called him in for his 2nd interview (the ARC interview) he had to fly all the way there for an interview they had already made a decision prior to. 

[CANADAMEXICO]

YORK FACTORY

How do you not see the negligence in this?

When they wrote to tell us that our application was declined, they did not provide the appropriate decline letters to us...and told us specifically "NO APPEAL RIGHTS APPLICABLE". When i told them i did have appeal rights, they wrote back again "ABSOLUTELY NO APPEAL RIGHTS".  When i appealed anyway, the immigration appeal board also said "NO APPEAL RIGHTS". When i asked 2 different MP's to inquire, immigration canada wrote back to both of them "in writing" "NO APPEAL RIGHTS APPLICABLE. ONLY JUDICIAL REVIEW". Then i read the laws myself and sure enough...I HAVE APPEAL RIGHTS. When i wrote them quoting from their own law book, the minister's representative finally acknowledged.."we believe she does have appeal rights and the decline letters and appeal info was never sent"... and asking for a document they know takes 120 days to get, which they already had on file, yet they asked for it again anyway....and refused to respond to my inquiry about it....how is this not negligence.  what is "suing" for if not for damages to a person. my life has been held up for an additional year because of their negligence and not
knowing their own laws and practices.  THAT'S NEGLIGENCE.a civil wrong whereby a person or party is in breach of a legal duty of care to another which results in loss or injury to the claimant

[CANADAMEXICO]

You hate them already. You have just begun this application. I don't know what embassy is doing your application, but you have more than likely a very long wait. Try to stay calm, many of us here feel the same as you do.

This isnt the start of our application, we've been waiting since Fall 2008.  with 8-10 additional months directly attributed to the stall-time of CIC's NEGLIGENCE.  This time is tracked via dated documents. 

[YorkFactory]

THAT'S NEGLIGENCE.a civil wrong whereby a person or party is in breach of a legal duty of care to another which results in loss or injury to the claimant

What duty of care?  They weren't your legal counsel (and it's probably safer in most cases to view them as adversarial counsel).  Their getting the law wrong, while unfortunate, probably doesn't amount to negligence.

[fleo]

Their getting the law wrong, while unfortunate, probably doesn't amount to negligence.

Um... except they didn't "get the law wrong", they - an official government body, while making a binding decision, with a power to enforce said decision - wrongly instructed the applicant about legal remedies available to them, and apparently did so contrary to the law. That's a rather hefty procedural error, and I'd be very surprised if someone couldn't be called on it.
Or do you think being denied your rights is generally nothing more than "unfortunate"?

[YorkFactory]

an official government body, while making a binding decision, with a power to enforce said decision - wrongly instructed the applicant about legal remedies available to them, and apparently did so contrary to the law

So, in other words, they got the law wrong.

Or do you think being denied your rights is generally nothing more than "unfortunate"?

What court, and what law, denied them their rights?  It doesn't appear that they went to court.  A paper-pusher screwed up.  This is not the systematic repression you're looking for.