Here is that 22 January 2015 press release of Tim Leahy.
UNFAIRCIC.COM's News Release of 22 January 2015 [Source: https://www.facebook.com/permalink.php?id=179730375479964&v=wall&story_fbid=667666690019661]
1,300 Jilted Skilled Worker Applicants finally to have their Day in Court
Justice Robert L. Barnes of the Federal Court of Canada, after having unlawfully sidetracked the applications of 1,300 federal skilled workers, has finally deigned to allow their cases to be heard. The hearing on April 21st is expected to last the entire day. The name of the presiding judge will not be released until April 8th.
The litigants joined the UnfairCIC.com group Tim Leahy organized in October 2011, asking the Federal Court to order Immigration Canada (CIC) to process their files, which then Minister Jason Kenney had set aside in 2008 so that he could boast that those who had applied during his tenure were being processed efficiently. They had lodged their applications from 2004 to February 2008 and consist of applicants living on each of the inhabited continents.
In February 2012, CIC and Tim Leahy signed an accord, filed with the Federal Court, pledging to apply the decision in the lead case to the other cases. However, on 29 March 2012, then Minister Kenney announced that he had tucked into the Budget Bill a provision trashing 80,000 skilled worker files, affecting nearly 200,000 people. CIC had made that decision the preceding fall but concealed that fact from the Federal Court and Tim Leahy when it promised to apply the decision is the lead case to the other files.
In June 2012, Justice Donald J. Rennie ruled in the litigants' favour in Liang but, because he was afraid to extend his ruling to all the litigants lest he so alienate Jason Kenney that he would never be appointed to the Federal Court of Appeal, he opted not to order CIC to process the litigants' files. Instead, Justice Rennie feigned a belief that Jason Kenney would honour the pledge he had made to the Federal Court to apply the ruling in Liang, 2012 FC 758, to the other cases.
Justice Barnes refused to require CIC to keep its word to the Federal Court. Instead, Justice Barnes ordered Mr. Leahy to file a motion seeking enforcement of the Agreement because he knew that the files would be closed before the motion could be decided, evidencing yet again his bias against the skilled worker litigants and especially his animus toward their lawyer.
In refusing to honour the Agreement, CIC lawyers lied to the Federal Court, asserting that Mr. Kenney would be acting “contrary to law” if he behaved honourably. On 29 November 2012, Mr. Kenney proved that his lawyers had been lying when he ordered visas be issued to a few dozen skilled worker applicants whose files had also been closed but who had been issued visas afterwards in error. If they agreed to return their visas for cancellation, he promised to create a new file number and re-issue them – exactly the authority Mr. Leahy had said that he had – see Operational Bulleting 479B. http://www.cic.gc.ca/.../re.../manuals/bulletins/2012/ob479B.asp
When he refused to enforce the Agreement, Justice Barnes consigned the unfairCIC.com group into the so-called class-action, initiated five months after the unfairCIC.com litigation, to challenge the closing of the files. On 9 December 2012, Justice Rennie, who was assigned to the so-called class-action, refused to allow the unfairCIC.com group to seek enforcement of the Agreement at the January 2013 hearing because CIC's counsel Martin Anderson had told him to limit the hearing to what CIC wanted to be decided. By so doing, Justice Rennie turned the law on its head, ruling that the defendant, not the plaintiff, determines what issues are to be presented.
Therefore, Mr. Leahy filed the first case of 2013, IMM-1-13, seeking an order to enforce the Agreement. After having perfected this case, Mr. Leahy set down a motion, asking the Court to join the 1,300 other litigants to IMM-1-13 and to set a hearing date. The motion was to have been decided on 9 July 2013. However, after Justice Department lawyer Jane Stewart objected to the motion being heard, Justice Judith Snider dutifully struck the motion off the hearing list without permitted Mr. Leahy to address the issue, and Justice Barnes, contrary to Court protocol, instantly seized the case and refused to allow it or the other 1,300 cases to proceed.
Chief Justice Paul Crampton endorsed this unethical conduct and, when Mr. Leahy, asked him to remove Justice Barnes from this case, retaliated by filing a complaint with the Law Society against Mr. Leahy. The Law Society refused Mr. Leahy's request that it turn his complaint over to an independent legal expert to ascertain whether Mr. Leahy's accusation had merit. The refusal of the Law Society's Damianne Lebrun-Reid to come to the assistance of these 1,300 litigants allowed Justice Barnes to continue denying them justice for over two years. Instead, Lebrun-Reid ordered Mr. Leahy to give her the telephone numbers and email addresses of his litigants so that she could tell the 1,300 litigants that she was investigating Mr. Leahy for unprofessional conduct.
Lebrun-Reid's erstwhile superior, Zeynep Önen, endorsed the refusal to assist the victims of Justice Barnes' vendetta and the effort to destroy Mr. Leahy's reputation and practice. On 9 December 2014, the Law Society's quislings, Christopher Bredt, a partner at Borden Ladner Gervais LLP, and Heather Ross, who runs her own firm in Goderich, ruled in favour of the Law Society henchmen and did as their prosecutor, Anne-Katherine Dionne, had directed: they disbarred Mr. Leahy.
After leaving 1,300 litigants without the lawyer they trusted, Ms Dionne, Michael Elliott and their stooge, Laura Donaldson, refused to provide them with a lawyer but, instead, had the Ontario Court close Mr. Leahy's practice when they knew that Mr. Leahy was out of the country. A year earlier Justice Robert Barnes' unethical and unlawful conduct had become too much even for CIC to bear, prompting Justice lawyer Martin Anderson to notify him in January 2014 that CIC wanted the matter to be heard in May 2014. When Justice Barnes ignored his letter, Mr. Anderson asked for a case conference. At the March meeting, Justice Barnes said that the hearing would be in September 2014, but yet again Justice Barnes elected not to keep his word.
At the hearing on April 21st, the litigants will be seeking the Court to order CIC to honour the February 2012 Agreement and process their files. If the Court accepts its responsibility to order CIC to honour its promise to the Court, the decision will affect only the 1,300 litigants. However, if the Court rules instead that CIC may lie to it with impunity, it will have to address the second issue: whether the closing of their files was unlawful. The argument Mr. Leahy formulated, the counsel in the so-called class-action litigation, Tabingo, ignored. Thus, the dismissal of the Tabingo litigation may not lawfully affect the unfairCIC.com litigation group. In addition, an argument which Rocco Galati made in Tabingo but which Justice Rennie chose not to address, will also be front and centre. If the litigants prevail on any of these issues, all the closed skilled worker files will be resuscitated, opening the door to Canada to 200,000 people who entered the immigration queue between 2004 and February 2008.
Timothy E. Leahy
22 January 2015
UNFAIRCIC.COM
Cast of Characters
Federal Court of Canada
Chief Justice Paul S. Crampton
Justice Robert L. Barnes
Justice Donald J. Rennie
Justice Judith A. Snider
Department of Justice
Martin E. Anderson Martin.Anderson @ justice.gc.ca 416 952 2856
Angela Marinos Angela.Marinos @ justice.gc.ca 416 973 8858
Jocelyn Espejo-Clarke Jocelyn.Espejo-Clarke @ justice.gc.ca 416 973 5199
Alison Engel-Yan Alison.Engel-Yan @ justice.gc.ca 416 973 1349
Jane Stewart Jane.Stewart @ justice.gc.ca 416 973 7528
Law Society of Upper Canada
Robert Lapper, QC CEO RLapper @ lsuc.on.ca 416 947 3309
Christopher D. Bredt Discipline Panel Member CBredt @ blg.com 416 367 6165
Michael R. Elliott, LLB Manager, Monitoring & Enforcement melliott @ lsuc.on.ca 416 947 3995
Heather Joy Ross Discipline Panel Chair info @ rossfirm.com 855 534 5361
Zeynep Önen Executive Director, Professional Regulation PrdDirectorsOffice @ lsuc.on.ca 416 947 3949
Laura Donaldson Discipline Panel Chair tribunal @ lsuc.on.ca 647 947 5220
Anne-Katherine Dionne prosecutor akdionne @ lsuc.on.ca 416 947 3473
Damienne Lebrun-Reid investigator inform @ fpsc.ca or dlebrun-reid @ fpsc.ca 416 593 8587 x 244
UNFAIRCIC.COM
Federal Court, Ottawa, Ontario, January 21, 2015
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN: AND BETWEEN:
YOUNG MI BACK and THE MINISTER OF CITIZENSHIP AND IMMIGRATION
HAIYANGONG and THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Date: 20150121
Docket: IMM-I-13
IMM-6828-12
Docket: IMM-1-13
Applicant
Respondent
Docket: IMM-6828-12
Applicant
Respondent
ORDER
UPON APPLICATION for leave to commence an application for judicial review for an Order in the nature of mandamus compelling Citizenship and Immigration to process the Applicant's application for permanent residence terminated by Section 87.4(1) of the Immigration and Refugee Protection Act, SC 2001, c27; AND UPON READING the material filed~
THIS COURT ORDERS that:
[1] Leave is granted, and the application for judicial review is deemed to have been commenced;
[2] The hearing of the application for judicial review is hereby fixed for Tuesday, the 21st day of April, 2015, to commence at 9:30 a.m. at the Federal Court, 180 Queen Street West, in the City of Toronto, Province of Ontario, for a duration not exceeding one (1) day, both matters are to be heard concurrently;
[3] The hearing shall take place in the English language;
[4] The tribunal shall send copies of its record to the parties and the Registry of the Court on or before February 11, 2015;
[5] Further affidavits, if any, shall be served and filed by the Applicant on or before February 20, 2015;
[6] Further affidavits, if any, shall be served and filed by the Respondent on or before March 2, 2015;
[7] Cross-examinations, if any, on affidavits shall be completed on or before March 13, 2015;
[8] The Applicant's further memorandum of argument, if any, shall be served and filed on or before March 23, 2015;
[9] The Respondent's further memorandum of argument, if any, shall be served and filed on or before April 2, 2015; and
[10] The transcript of cross-examinations, if any, shall be filed on or before April 2, 2015.
"R.L. Barnes"
Judge
[Source: https://www.facebook.com/permalink.php?id=179730375479964&v=wall&story_fbid=667666690019661]
