Federal Skilled Worker Class Action Lawsuit

[warmest]

Government officials put on alert after immigration lawyer suspended

Tobi Cohen, Published: February 1, 2013, 2:45 pm

OTTAWA — Citizenship and Immigration has taken the unusual step of warning staff about a Toronto lawyer who can only be described as a thorn in the side of the government as it seeks to overhaul Canada’s immigration system.

An internal “operational bulletin” sent Friday alerts CIC, Canada Border Services Agency and Foreign Affairs staff that Timothy Leahy has been suspended by the Law Society of Upper Canada, which regulates the legal profession in Ontario.

Officials say the decision to clarify his status was made because he regularly interacts with visa offices and that there was some confusion over his standing.

http://postmediacanadadotcom.files.wordpress.com/2013/02/screen-shot-2013-02-01-at-5-00-03-pm.png

According to Citizenship and Immigration, the warning comes as a result of the Cracking Down on Crooked Consultants Act which became law in March 2011 and seeks to toughen the rules for those who charge a fee for immigration services in a bid to combat fraud.

The law requires service providers be “in good standing” with their professional regulator.

According to the Law Society of Upper Canada, Leahy was suspended for 60 days starting Feb. 1, 2013 and “continuing indefinitely” for “professional misconduct.” The decision was made in December after he apparently failed to “co-operate with an investigation of the Law Society” by not handing over documents as requested.

While details of the investigation were not made public, Leahy said in an interview that it has to do with a complaint filed by a would-be client and that he intends to appeal the matter.

Leahy is currently representing clients who are fighting the government over processing delays in both the federal skilled worker stream and the immigrant investor stream. A number of his skilled worker clients were among those who were told their applications would be returned and fees refunded as part of a budget promise to eliminate a massive backlog of applications. His immigrant investor clients have raised concerns the government might do the same with their stagnating applications.

The government is seeking to revamp both immigration classes and one of the challenges has been the massive backlogs in old applications.

Leahy said he hired a lawyer to handle his Ontario cases but that the suspension won’t prevent him from making submissions to the court in Vancouver on behalf of other clients.

http://o.canada.com/2013/02/01/government-officials-put-on-alert-after-immigration-lawyer-suspended/

 

[sbernados]

I dont want to re-apply anymore sac.. Im hesitant of the canada immigration system anymore, i dont trust them anymore...i will look for other opportunities in other country perhaps..

 

[warmest]

Government officials put on alert after immigration lawyer suspended

Tobi Cohen, Published: February 1, 2013, 2:45 pm

OTTAWA — Citizenship and Immigration has taken the unusual step of warning staff about a Toronto lawyer who can only be described as a thorn in the side of the government as it seeks to overhaul Canada's immigration system.

An internal “operational bulletin” sent Friday alerts CIC, Canada Border Services Agency and Foreign Affairs staff that Timothy Leahy has been suspended by the Law Society of Upper Canada, which regulates the legal profession in Ontario.

Officials say the decision to clarify his status was made because he regularly interacts with visa offices and that there was some confusion over his standing.

http://postmediacanadadotcom.files.wordpress.com/2013/02/screen-shot-2013-02-01-at-5-00-03-pm.png

According to Citizenship and Immigration, the warning comes as a result of the Cracking Down on Crooked Consultants Act which became law in March 2011 and seeks to toughen the rules for those who charge a fee for immigration services in a bid to combat fraud.

The law requires service providers be “in good standing” with their professional regulator.

According to the Law Society of Upper Canada, Leahy was suspended for 60 days starting Feb. 1, 2013 and “continuing indefinitely” for “professional misconduct.” The decision was made in December after he apparently failed to “co-operate with an investigation of the Law Society” by not handing over documents as requested.

While details of the investigation were not made public, Leahy said in an interview that it has to do with a complaint filed by a would-be client and that he intends to appeal the matter.

Leahy is currently representing clients who are fighting the government over processing delays in both the federal skilled worker stream and the immigrant investor stream. A number of his skilled worker clients were among those who were told their applications would be returned and fees refunded as part of a budget promise to eliminate a massive backlog of applications. His immigrant investor clients have raised concerns the government might do the same with their stagnating applications.

The government is seeking to revamp both immigration classes and one of the challenges has been the massive backlogs in old applications.

Leahy said he hired a lawyer to handle his Ontario cases but that the suspension won't prevent him from making submissions to the court in Vancouver on behalf of other clients.

http://o.canada.com/2013/02/01/government-officials-put-on-alert-after-immigration-lawyer-suspended/

I got information about that would-be client of Tim Leahy who made that complaint against him. She is not from India and does not belong to my group of Tim's clients. She does not belong to any other group of Tim's clients, as well. She, all on her own, approached Tim to legally represent her in the Canadian court. She is a member of this thread and I will reveal her identity at an appropriate time. By now, some members of this thread who are intelligent enough would have already guessed it right of who she might be. Congratulations to those members.

 

[warmest]

As a person representing one of the big groups of Tim Leahy's clients, I have been assured that we need not have to bother about the suspension and the suspension will have no ill-effects on our litigation.

Tim has still not finally decided on to which lawyer he will hand over our cases for the time being. But, it might most probably be his brilliant lawyer-friend, Mr. Rocco Galatti, who is one of the best immigration litigators (like Tim himself).

 

[Jatt_warrior]

You can't compare Indian Consumer court and Canadian Federal Court. PMM's comments are based on the past rulings of the Canadian Federal Court.

In the past also, people have got damages from Canadian federal court, and litigation costs are always covered in damages. All courts around the world award damages including litigation costs.

 

[warmest]

In the past also, people have got damages from Canadian federal court, and litigation costs are always covered in damages. All courts around the world award damages including litigation costs.

Very much true.

 

[Jatt_warrior]

I've learned that in THIS thread, they can - and will - expect/demand anything their minds conjure up. My all-time particular favourite is from those who think that even though they've never set foot in Canada, its constitution still applies to them.

Later today, I'll be submitting paperwork to Pakistan, India, and Sri Lanka, and applying for pension payments. I won't be deterred by the fact that I've never been to those countries. I don't care. If they owe pension money to their own citizens, then they owe it to me as well. And if they refuse to give it to me, I'm gonna find their equivalent for Tim Leahy, and I'll sue them in Indian Consumer Court until they pay.

Normally I do not read your comments, as I do not want to waste my time on an idiot, writing anything. So Mr. Idiot let me enlighten you here.We are not asking for pension from Canadian Government, but for damages related to delay in processing our application and subsequent unlawful termination. Do not write stupid stuff. But again taking pity on you, I will help you to get over from your mental disorder.

 

[noon]

Government officials put on alert after immigration lawyer suspended

Tobi Cohen, Published: February 1, 2013, 2:45 pm

OTTAWA — Citizenship and Immigration has taken the unusual step of warning staff about a Toronto lawyer who can only be described as a thorn in the side of the government as it seeks to overhaul Canada's immigration system.

An internal “operational bulletin” sent Friday alerts CIC, Canada Border Services Agency and Foreign Affairs staff that Timothy Leahy has been suspended by the Law Society of Upper Canada, which regulates the legal profession in Ontario.

Officials say the decision to clarify his status was made because he regularly interacts with visa offices and that there was some confusion over his standing.

http://postmediacanadadotcom.files.wordpress.com/2013/02/screen-shot-2013-02-01-at-5-00-03-pm.png

So.........My guesses were true :-X :-X :-X :-X :-X :-X :-X :-X

 

[Jatt_warrior]

Hi Tuyon, Leaving aside all arguments, what is your intution in the present scenirio. Will litigtion succeed? if yes then when? In 2013 itself or beyond? What is the status of tims case at present according to you.

Tim is very much much in business and not out as reported in this thread. His communication on 31st Jan

Good day,

I have sent a four-page letter to the Chief Justice, asking him to order Justice Barnes to set a hearing date for our group or to replace him with a judge who will act lawfully. I will advise you of the outcome.

The rationale for this request was stated as follows:

It really does not matter to me that Justice Barnes loathes me, but, when he continues to pursue a personal agenda at my litigants’ expense a time comes when I must speak out. That time long since came but, knowing the inclination to circle the wagons, I have had to hold back until it has reached a point when his misconduct is indisputable. I am, therefore, asking that you either direct Barnes, J. to rescind his January 22nd direction in the Emam litigation (IMM-7502-11) and set the matter down for a hearing or replace him with an ethical judge. The Emam litigants deserve fair and proper treatment, which has not been the case since last May.

On January 22nd, Barnes J., at DoJ’s request, suspended the Emam proceedings until after Justice Rennie has issued his decision in Tabingo [the "class-action" case]. He did so at the stage where DoJ was to serve and file its further memorandum, due on December 7th. There was, however, no legitimate reason for his stalling the litigation yet again.

Let us assume that the reason was because Justice Barnes professes that, if Justice Rennie declares s. 87.4 to be unlawful, the relief the Emam litigation seeks will automatically follow, vitiating any need for the case to be pursued. If so, the hearing, which likely would have been set for April or May could be cancelled, presuming that Justice Rennie will issue his ruling well before April, and another case heard in its place. No harm done.

However, we all know that, if Justice Rennie does rule in the applicants’ favour, CIC will appeal that decision. What does Justice Barnes do in that event? Suspend the litigation, which ante-dates the s. 87.4 litigation by five months, until it has wended its way through the Supreme Court of Canada? In other words, if the litigation is going to be held back until Justice Rennie’s ruling, it would only make sense for it to be held back for years to come. Is that justice?

While such an approach might be reasonable if the Emam proceeding is dependent upon s. 87.4’s being struck down in order to succeed, but Justice Barnes knows full well that it does not. It rests on the uncontested position – see the motion records seeking to enforce the Protocol, filed on June 29th but mothballed until December 14th – that the Emam contingent has a vested right which Bill C-38 did not extinguish. If you read the second set of submissions, you will see that DoJ did not contest that issue. However, Justice Barnes adamantly refuses to allow that issue to be decided. Why? I know the answer, and that is why I have written to you.

[DoJ counsel] Martin Anderson limited the issues in the matter before Justice Rennie to arguing s. 87.4’s constitutionality. Justice Rennie adopted his position, excluding from that hearing the Emam litigants’ unique issue (vested right) and the unconstitutionality of s. 87.3. If Justice Rennie dismisses the s. 87.4 applications, those issues would remain undecided. So, why should my litigants be denied their right to be heard? Why should their interests be held hostage to those whose litigation post-dates theirs by no less than five months? (Ironically, Justice Barnes has greeted our challenge to the Minister’s queue-jumping with his own queue-jumping procedure.)

In his venom-laced December 14th, decision, Justice Barnes tacitly admitted that leave in Mr. Datta’s file – the representative case at this stage (IMM-4032-11) – was granted on April 25th because Justice Barnes on December 7th ruled that orders and directions would apply to all the cases proceeding under IMM-7502-11. Because the alternative remedy I had sought was for him at long last to comply with s. 74 [which requires hearings be set between 30 and 90 days from the granting of leave] and set the matter down for a hearing, his having elected to exclude that issue from his “reasons” reveals that Justice Barnes is fully cognizant that he has been acting unlawfully since at least July 7th when the respondent confirmed that he would not honour the Protocol with respect to the files Bill C-38 closed after Justice Rennie’s ruling in Liang.

If there is any integrity in the Federal Court, Datta will be set down for a hearing ninety (90) days from the date Justice Barnes or his replacement complies with s. 74 – and that ruling will come in the very near future (without regard to disposition of Tabingo). Continuing to hold my litigant’s hostage in order to keep Justice Barnes rolling in glee is unacceptable.



Regards,

Tim

 

[warmest]

More Chinese immigrants sue Canadian government

By Bai Tiantian, Global Times, 2013-2-1 1:53:01

Forty-six Chinese applicants to Canada's investor immigrant program have joined a lawsuit against Citizenship and Immigration Canada (CIC) for what their lawyer says is the "warehousing" their applications.

In December a Canadian court dismissed an injunction brought earlier by 14 Chinese immigrants saying it could not rule on a law that does not yet exist.

Their lawyer is now pushing forward with another court challenge, which 46 immigrant applications have now joined and 76 others are considering joining.

Timothy Leahy, the Canadian lawyer who represents the Chinese immigrants, told the Global Times in an email on Thursday that in 2010 the CIC increased the funds required for its investor immigrant program and are now processing those applications ahead of the qualified applications that were filed prior to the increased requirements.

Leahy also claimed that between 2004 and 2008 the CIC accepted more applications for its skilled worker immigrant program than they could possibly process and then reduced the quota for immigrants.

To deal with the backlog the CIC simply "abolished" the applications of more than 280,000 skilled workers in June 2012, said Leahy, suggesting the applications of many qualified immigrants were never properly processed.

"The Minister (of CIC) does not hesitate to abolish files of those whom CIC had promised would have their files processed. As a result no one can trust the promise the Minister makes today will be honored tomorrow. That uncertainty and treacherousness is the fundamental problem with the Canadian immigration program," wrote Leahy.

The CIC declined to comment on the details of the case, but told the Global Times that the case was dismissed by the Federal Court in December 2012.

"The court rejected the motions saying it would not pronounce on legislation that does not exist," read an official statement from the CIC to the Global Times.

http://www.globaltimes.cn/content/759550.shtml?goback=%2Egmp_2932885%2Egde_2932885_member_210335417#%2EUQsQsG_Tm8M%2Etwitter

 

[Jatt_warrior]

Hi


1. Going to fail, Judge will probably find 87.4 was legislation approved and enacted by Parliament.
2. Section 15 of Charter will probably fail as the litigants are not in Canada.
3. If the Gov't loses on 87.4 all that is needed is the "not withstanding clause" to added to the legislation, never used in Canada yet, but there is always the first time.

There is no doubt that litigants will succeed.

Tomorrow Canadian Government will pass a law in parliament giving them the authority to start third world war, do you think that law will be valid.

 

[warmest]

Normally I do not read your comments, as I do not want to waste my time on an idiot, writing anything. So Mr. Idiot let me enlighten you here.We are not asking for pension from Canadian Government, but for damages related to delay in processing our application and subsequent unlawful termination. Do not write stupid stuff. But again taking pity on you, I will help you to get over from your mental disorder.

I'm loving it.

 

[Jatt_warrior]

As a person representing one of the big groups of Tim Leahy's clients, I have been assured that we need not bother about the suspension and the suspension will have no ill-effects on our litigation.

Tim has still not finally decided on to which lawyer he will hand over our cases for the time being. But, it might most probably be his brilliant lawyer-friend, Rocco Galatti, who is one of the best immigration litigators (like Tim himself).

Very Rightly said by you. Tim litigants doesn't need to worry.He is not debarred from making submissions in Toronto courts.

 

[tuyen]

Tim is very much much in business and not out as reported in this thread. His communication on 31st Jan

That will be his last and final communication for the next 60 days (or possibly longer).

Tim litigants doesn't need to worry.He is not debarred from making submissions in Toronto courts.

http://www.lsuc.on.ca/with.aspx?id=2147490551&langtype=1033

Which parts of that do you NOT understand?

He's not allowed to practice law for at least the next 60 days.

 

[tuyen]

So.........My guesses were true :-X :-X :-X :-X :-X :-X :-X :-X

Yes, noon, your guesses were right.

<insert eerie X-Files music here>

Tim got suspended because of a massive government conspiracy to silence him.