Here is an update from Tim Leahy.
Dear Litigant,
Well, our litigation heads into a new year, leaving us wondering whether anything was accomplished over the past year beyond raised hopes and dashed dreams. In two weeks, the titans will battle it out before the Federal Court. Time will tell whether the hearing will assist us.
If the Court declares s. 87.4 to be invalid, all the files will be resurrected -- subject to a certain appeal. If so, I will ask our dear judge to reconsider his denial of my motion asking him to enforce the Agreement. After all, the reason DoJ gave for not honouring it was s. 87.4. With it removed, the only issue should be whether it will extend to those who joined after June 14th.
If the Court upholds s. 87.4, we will go our separate way. I have asked DoJ to request that its client do for us what he did for those to whom a visa was issued after June 29th but who had been assessed after March 29th. If they agree, you will prevail while the others litigate the legality of s. 87.4.
If they refuse, I will litigate that issue, relying on the Agreement as the basis of the class-action I will be filing solely for our group. I will file just one case and then ask that it be certified. That should get us out of Justice Barnes' malevolent grip.
At the Court, today, I ran into Rocco Galatti, who is co-counseling with Lawrence Wong and is one of the best immigration litigators -- if not the best -- in Canada. He is confident in his argument and believes that it pertains even more to our group, by which he means those who joined before June 14th/29th. I told him that I was planning to move into Phase II next week with our open files, and he asked me to wait a bit before doing so because he wants to work with us on that endeavour. So, we have Rocco, whom I had asked to work with us when I initiated this litigation 28 October 2011. His being on board is a very, very big boost. Thus, we will have to wait a bit but, when we go forward, we'll have one of the most effective counsel on side.
DoJ filed a motion on December 19th, asking our dear Jusice Barnes to impose the 300-day settlement on 43 (of the known 46) pre-Bill C-50 litigants whose files had been assessed before March 29th. I have countered with a request that the order
1. follow my terms,
2. be consistent with Justice Rennie's ruling; i.e., 120 days and
3. apply to all litigants whose file s. 87.4 does not purport to close,
which would mean the same terms for our few MI 1 litigants.
It will likely be the last week of January or the first week of February before we get a decision. At worst, visa-issuance will be before the end of August. (DoJ appears to have accepted that the end date remains the same.) DoJ also told the Court that it was implementing the Agreement anyway. However, only 25 of the 46 have acknowledged having received medicals or a demand letter while six have said that they have received nothing.
As disappointing --and frustrating -- as this process has been, I am not entirely discouraged. I believe that I have found a way to get out from under Justice Barnes' thumb irrespective of how the January hearing is decided. If so, the New Year will be better than the old.
With today's file, we have reached the 1,400-mark. Excluding those whose visas have been or are being, processed and those who withdrew, we are over 1,100 strong. I expect to close the group on January 7th.
Finally I wish you a Happy New Year and one which will exceed your expectations.
Happy New Year!