Federal Skilled Worker Class Action Lawsuit
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@Jevan, Yes, we dont know what will happen...
Do you understand about the following:
"Written directions of the Court: The Honourable Mr. Justice Barnes dated 25-OCT-2012 directing "With the agreement of counsel, the Applicant is permitted to file nunc pro tunc a Memorandum of Reply as requested in Mr. Bellissimo's letter of October 3, 2012." received on 25-OCT-2012 Confirmed in writing to the party(ies)"
I have got above from our led file.
Do you understand about the following:
"Written directions of the Court: The Honourable Mr. Justice Barnes dated 25-OCT-2012 directing "With the agreement of counsel, the Applicant is permitted to file nunc pro tunc a Memorandum of Reply as requested in Mr. Bellissimo's letter of October 3, 2012." received on 25-OCT-2012 Confirmed in writing to the party(ies)"
I have got above from our led file.
@avijitsg,avijitsg said:
nup,,it is leagal language and beyond our understandings,brother i will suggest to ask it from Qorax forum of discussion or to send it to bellissimo because he is our legal rep.
Jevan.
hopefulever
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Hi, when will Justice Bernes deliver his verdict, will it be in this year or ? I am part of his litigation.
This is the question that is lingering up in every litigant's (as well as the other applicant's) mind nowadays. We all wish and hope that Justice Barnes delivers his verdict at the earliest, anytime from now. Nobody knows except Justice Barnes.hopefulever said:
By the way, to which litigation do you belong?
Here is the recent reply of Tim Leahy to a question of a frustated FSW applicant.
Dear Tim
I had applied for Canadian Federal Skilled worker program on October 4th 2007, and transferred to the London office on January 20th 2011, My application is still in process, any idea when my application will be processed I have been waiting for five years.
Regards,
Daniyal Ahmed
Dear Daniyal,
Tsar Jason the Magnificent had Parliament abolish your file on June 29th. If the Court upholds his unethical action, your file will never be assessed.
A number of lawyers have formed various litigation groups challenging that action. Based upon the Federal Court's filing system, over 4,000 (out of 86,000) of these victims have joined these groups. On November 23rd and 30th, some of their counsel will be arguing before the Court to have the entire class -- all 86,000 -- certified as a group for class action purposes.
The unfairCIC.com group, formed five months before the Minister announced his plan to close the files, will celebrate its first anniversary tomorrow. They are waiting for the Court to rule on a motion asking it to enforce the February 3rd Agreement, in which CIC promised to "be guided by" the decision in the representative case. On June 14th, the Court ordered CIC to finalize that file by October 14th. (Visas were issued on August 16th.) If the Court grants the motion, CIC will be under a court order to finalize all 1,300+ of those cases within a specified time-frame. If the motion fails, those litigants will join the 4,000 challenging the closing of their files.
So you have the following choices:
1. give up;
2. find an alternative means to immigrate to Canada;
3. wait for a decision on whether a class will be certified, in which case your fate will turn on the decision in that litigation;
4. join one of the eight lawyers' groups challenging the closing of the files or
5. join the unfairCIC.com litigation group and have two chances for having your file assessed.
Dear Tim
I had applied for Canadian Federal Skilled worker program on October 4th 2007, and transferred to the London office on January 20th 2011, My application is still in process, any idea when my application will be processed I have been waiting for five years.
Regards,
Daniyal Ahmed
Dear Daniyal,
Tsar Jason the Magnificent had Parliament abolish your file on June 29th. If the Court upholds his unethical action, your file will never be assessed.
A number of lawyers have formed various litigation groups challenging that action. Based upon the Federal Court's filing system, over 4,000 (out of 86,000) of these victims have joined these groups. On November 23rd and 30th, some of their counsel will be arguing before the Court to have the entire class -- all 86,000 -- certified as a group for class action purposes.
The unfairCIC.com group, formed five months before the Minister announced his plan to close the files, will celebrate its first anniversary tomorrow. They are waiting for the Court to rule on a motion asking it to enforce the February 3rd Agreement, in which CIC promised to "be guided by" the decision in the representative case. On June 14th, the Court ordered CIC to finalize that file by October 14th. (Visas were issued on August 16th.) If the Court grants the motion, CIC will be under a court order to finalize all 1,300+ of those cases within a specified time-frame. If the motion fails, those litigants will join the 4,000 challenging the closing of their files.
So you have the following choices:
1. give up;
2. find an alternative means to immigrate to Canada;
3. wait for a decision on whether a class will be certified, in which case your fate will turn on the decision in that litigation;
4. join one of the eight lawyers' groups challenging the closing of the files or
5. join the unfairCIC.com litigation group and have two chances for having your file assessed.
It is speculated that
(1) If Justice Barnes certifies class action, then the rest of the applicants who have not joined any litigation till date need not have to join any litigation thereafter and stand to reap all the benefits of a litigant. By this, they could have saved money and avoided undergoing all the hardships that the litigants underwent.
(2) If Justice Barnes does not certify class action, then the litigants files would be case managed and the rest of the applicants files would be terminated. To avoid termination, the rest of the applicants might wish to join litigation and, it is by this time, that the leading lawyers might raise their fees.
The total number of litigants is over 4,000. The total number of applicants is around 86,000. My guess is if the litigants number does not reach atleast 10,000, then there is very less chance of Justice Barnes certifying class action.
(1) If Justice Barnes certifies class action, then the rest of the applicants who have not joined any litigation till date need not have to join any litigation thereafter and stand to reap all the benefits of a litigant. By this, they could have saved money and avoided undergoing all the hardships that the litigants underwent.
(2) If Justice Barnes does not certify class action, then the litigants files would be case managed and the rest of the applicants files would be terminated. To avoid termination, the rest of the applicants might wish to join litigation and, it is by this time, that the leading lawyers might raise their fees.
The total number of litigants is over 4,000. The total number of applicants is around 86,000. My guess is if the litigants number does not reach atleast 10,000, then there is very less chance of Justice Barnes certifying class action.
If Justice Barnes does not certify class action and if the files are going to be case managed, then the files of the litigants (who are with different lawyers) will not be treated the same way. That is, the files of different litigants will not get the same treatment. The skills of the lawyers will come into play. The arguing and negotiation skills of the lawyers, as well as the merit of the litigant's file would be the major deciding factors. The timeline will also not be uniform. The relief sought by the individual lawyers and the supporting documents they submit versus the arguments of CIC would all come into play while the judge (at that time) makes the decision. There will be big dramas unfolding all through that way till the final decision comes after a very long time. It might take a year or two or even more. Like the various visa offices of Canada having different timelines and different procedures.
CIC has decided to play with (ruin) the lives of the applicants and the stage is set for that. The setting cannot get perfect than this. ;D
CIC has decided to play with (ruin) the lives of the applicants and the stage is set for that. The setting cannot get perfect than this. ;D
hopefulever
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Hi warmest, Me an Pakistani and have joined litigation after june 14th vardict of tim.will the judgement differ for early 14th june or after june 14th joining.which is better amongst two.
hopeful4
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THis is very frustrating . We are repeating the same info over and over ,,,,to cut it short there will be no update till November 23rd at the earliest