Federal Skilled Worker Class Action Lawsuit

[PMM]

Hi

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.

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.

 

[ravi12]

Housing market a bubble in canada, f*** our whole economy is based on selling houses. and bubble is about to burst.
if housing market burts 84% of our students are in accounting f*** who will give them job if there are foreclosures and no money for the bank....help canada needs immigrants to keep the market running.

 

[scylla]

84% of our students are in accounting

Are you saying that 84% of Canadian students are in accounting?

 

[tuyen]

Hi Tuyon, Leaving aside all arguments, what is your intution in the present scenirio. Will litigtion succeed?

Based on the arguments that were used in court, I really don't see how it would succeed. The only possible way that this case will succeed is if BOTH courts (with Judge Rennie and also the the judges at the appeals court) will be ruling with their emotions, rather than legalities. If they rule on emotions, there's a good chance that one - or both - will rule in the litigants' favour. But if they rule strictly on the legal merits of the case, I can't imagine a scenario which would lead to victory.

if yes then when? In 2013 itself or beyond?

Nobody knows, but my intuition says that Judge Rennie's decision will probably come soon because it's not a difficult case. I would expect to hear from him sometime this month.
The really unpredictable part comes with the appeal. That can easily drag the case out for years.

What is the status of tims case at present according to you.

I don't know any more than what you know, which is that he's not allowed to practice law between February 1 and April 2 of this year. And if he doesn't turn over the requested information, his suspension will continue until he finally cooperates, or until he gets disbarred. I'm not sure which will happen first, but my guess is he'll cooperate sooner rather than later.

Aside from his personal problems, Tim's clients are in the exact same position as everyone else. If the ruling goes in favour of the litigants, Tim's clients will also benefit, and if the ruling goes against the litigants, then Tim's clients will also be affected by it.

 

[tuyen]

He is not at all hurt my friend. My experience with his posts tell me that he was just teasing you.

Yes, but I did it in a very nice, polite way. Wouldn't you agree?

 

[love bird 43]

ards .. before feb 2007 cases.... « on: February 01, 2013, 04:13:37 pm » Hi there... My brother had apply on skilled base... but this month they told us that....your case has been term Because...of govt policy..and they told them the way to refund the fee.... i need to know that...can we do something As they have terminated the case...plz advise Becase my brother has waited 7 years.

 

[anwaraziz123]

Dear participants,
I have asked these questions earlier but still in wait for the reply:
1. Was it a fault of the pre-February, 2008 applicants that their applications were not processed by the CIC as per its promised time frame?
2. If it was not the fault of the applicants, should the applicants suffer for the fault of CIC?

 

[umerrais79]

Guys according to lawyers views on different sites, there is one thing that there is one more chance for loosing party to appeal against the decision.... so unfortunately if we back loggers un expectedly loose the case than we have to pay again to lawyers for appeal. So I come to the conclusion that its only a time wastage we can’t spend our hard earned money on Canadian government and on the Canadian Lawyers who always trying to Robed all us back-loggers by different ways. Because now I don’t trust on Canadians anymore they are liars because if they are sincere first they don’t wasted our 8-9 years for waiting and after that Judges never prolong for so long almost a year to give a simple verdict against our case which all world knew that Canadian do unfair with us on un humanitarian grounds and the law they pass is totally illegal. So it’s best for all of us to find other opportunities because Canada is not an end of world. So Guys you are agree with me?

 

[tuyen]

Guys according to lawyers views on different sites, there is one thing that there is one more chance for loosing party to appeal against the decision.... so unfortunately if we back loggers un expectedly loose the case than we have to pay again to lawyers for appeal.

And you didn't already know this when you decided to become part of the lawsuit?

wasted our 8-9 years for waiting and after that Judges never prolong for so long almost a year to give a simple verdict against our case

...it's only been two weeks. Where are you getting your "almost a year" figure?

which all world knew that Canadian do unfair with us on un humanitarian grounds and the law they pass is totally illegal.

Totally illegal? Wow...that's amazing - did the judge announce his ruling and I missed it?

So it's best for all of us to find other opportunities because Canada is not an end of world. So Guys you are agree with me?

I most definitely agree with you.

 

[Badal789]

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.

What ever the judgement, that will be balanced.
Certainly there will be some instructions to CIC. Lets wait and hope for the best.

 

[sbernados]

Here's another email from David Cohen Team:

Thank you for your message.

It is possible that the case will go to appeals – whether we win or lose. If we win the government’s lawyers may wish to appeal, and if we lose we may wish to appeal.

There may be additional fees depending on how everything pans out. However if additional fees are required, we will provide ample notice and it will likely not be mandatory.

Best Regards,

Christopher Collette,
Special Assistant to Attorney David Cohen
************************************

Dear Chris,

Thank you for your response. Atleast you gave me your word that our file is not yet closed in the CIC.

On the other hand, what will happen if we loss the case? Are we going for appeal? If so, do i need to pay again a professional fee for the filing of the appeal case.

Thank you and i hope we will all be successful in this case.

 

[PMM]

Hi

Here's another email from David Cohen Team:

Thank you for your message.

It is possible that the case will go to appeals – whether we win or lose. If we win the government's lawyers may wish to appeal, and if we lose we may wish to appeal.

There may be additional fees depending on how everything pans out. However if additional fees are required, we will provide ample notice and it will likely not be mandatory.

Best Regards,

Christopher Collette,
Special Assistant to Attorney David Cohen
************************************

Dear Chris,

Thank you for your response. Atleast you gave me your word that our file is not yet closed in the CIC.

On the other hand, what will happen if we loss the case? Are we going for appeal? If so, do i need to pay again a professional fee for the filing of the appeal case.

Thank you and i hope we will all be successful in this case.

Oh yes, more money, another $million for the lawyers, win or lose. Oh lets go to the Supreme Court, send more money. Oh sorry you lost.

 

[maran1976]

i always think how the judges allowed such a litigation at all. if 'outsiders' cannot question the constitution, why did they not dismiss it when it was filed? why did they let the lawyers bleed the already suffering litigants ( also with false hope ) ...

 

[belitang]

Dear participants,
I have asked these questions earlier but still in wait for the reply:
1. Was it a fault of the pre-February, 2008 applicants that their applications were not processed by the CIC as per its promised time frame?
2. If it was not the fault of the applicants, should the applicants suffer for the fault of CIC?

It is no one fault, not the applicants neither the CIC.
Why do you think that the applications are suffered? As an application, I have never feel suffer.
Yeah, some people fill angry face this case. It is normal response but if we could not manage it well, we can be hurt by our self.
/b

 

[sac]

Here's another email from David Cohen Team:

Thank you for your message.

It is possible that the case will go to appeals – whether we win or lose. If we win the government's lawyers may wish to appeal, and if we lose we may wish to appeal.

There may be additional fees depending on how everything pans out. However if additional fees are required, we will provide ample notice and it will likely not be mandatory.

Best Regards,

Christopher Collette,
Special Assistant to Attorney David Cohen
************************************

Dear Chris,

Thank you for your response. Atleast you gave me your word that our file is not yet closed in the CIC.

On the other hand, what will happen if we loss the case? Are we going for appeal? If so, do i need to pay again a professional fee for the filing of the appeal case.

Thank you and i hope we will all be successful in this case.

Hi! What is your plan? Are you not going to re-apply this May? I applied through Manila VO on January 2008 and I am thinking hard about re-applying as I am not much hopeful about the litigation