Federal Skilled Worker Class Action Lawsuit

[hopeful4]

Hi friends, even though I am posting a comment for the first time, I was following the discussion from th beginning. I am an April 2005 applicant from New Delhi, I have applied through an agent in India called ***** and also apart of Tim group, joined the litigation in the month of Feb-2012. saw that this is the most active and informative forum. As mentioned above, there is a CMC planned at 4.30 PM Otawa , whic may fix the road map for the case, but may be discussing only class action law suit, not Tims group. Honarable Mr. Barnes is in a mood , not to decide on Tims group. Hence will prolong as much as possible. He is decided , not to decide on the group.

JUstice Barnes is giving time to two parties to reach several settlements concerning the various groups Tim is representing. He thinks that the problem may solve itself in this manner.
But for the largest group of applicants whose files were closed, CIC is total unwilling to compensate or compromise,,,,which means that the problem will need the interference of justice Barnes sooner or later.

 

[warmest]

There is an additional small group of people who applied before feb 28th 2008 and whose files were assessed before 29th of march 2012 . This is a group of 40, and Tim reached lately a settlement with CIC to assess their files within 300 days of the settlement.

Well done, hopeful4.

 

[warmest]

JUstice Barnes is giving time to two parties to reach several settlements concerning the various groups Tim is representing. He thinks that the problem may solve itself in this manner.
But for the largest group of applicants whose files were closed, CIC is total unwilling to compensate or compromise,,,,which means that the problem will need the interference of justice Barnes sooner or later.

Yes, Justice Barnes seems to be a cool guy. He is as cool as cucumber. Till now, he has not taken any decision in haste. He has not been a hot potato so far to the litigants. At last, after the final decision is made, CIC might consider Justice Barnes a hot potato to handle.

 

[warmest]

For those of you guys who would like to know something about the person (Justice Barnes) who is going to decide on the fate of your litigation, here is some information that I got from the Federal Court (Canada) website.

The Honourable Robert L. Barnes
Born in 1951 at New Westminster, British Columbia. Educated at Acadia University (BA Hons. 1974) and Dalhousie University (LLB 1977). Called to the bars of British Columbia and Nova Scotia in 1978. Appointed Queens Counsel (1995). Partner of Burchell, Hayman, Parish in Halifax, Nova Scotia (1985-2005). Part-time lecturer at Dalhousie University Faculty of Law (1986-1995). Served as Vice-President of the International Federation of Red Cross and Red Crescent Societies, Geneva, Switzerland (2004-2005) and President of the Canadian Red Cross Society (2001-2004). Chair of the Nova Scotia Barristers' Liability Claims Fund (1993-1998) and member of the Canadian Lawyers' Insurance Association Advisory Board (1993-1998). Recipient of the Nova Scotia Barristers' Society Distinguished Service Award (2005). Appointed Judge of the Federal Court and ex officio member of the Federal Court of Appeal on November 22, 2005. Recipient of the Dalhousie University Weldon Award for Unselfish Public Service (2006). Recipient of the Order of Red Cross (2006). Appointed as a Judge of the Court Martial Appeal Court of Canada on September 21, 2006. Address: Federal Court, Ottawa, Ontario, K1A 0H9.

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Barnes

 

[warmest]

And, here is some information that I got from the Federal Court (Canada) website on Justice Rennie, who delivered the 14 June 2012 judgement.

The Honourable Donald J. Rennie
Prior to being appointed a Judge of the Federal Court in October 2010, Mr. Justice Rennie was Assistant Deputy Attorney General with the Department of Justice Canada in Ottawa.

Mr. Justice Rennie received a Bachelor of Arts (B.A.) from the University of Guelph in 1975 and a Bachelor of Laws (LL.B.) from Dalhousie University in 1978.

Mr. Justice Rennie was Assistant Deputy Attorney General (Litigation) with the Department of Justice (2006-2010). He was Chair of the Department's National Litigation Committee and co-chair of the Supreme Court of Canada Committee. He was a law clerk at the Ontario Court of Appeal (1980-1981) and to the Supreme Court of the Yukon Territory (1978).

Over the course of his 29 years of practice he appeared as counsel for the Attorney General of Canada in many complex cases involving the Charter of Rights and Freedoms, administrative, tort and constitutional law. He was counsel to Canada at the Commission of Inquiry into the Safety of the Blood System in Canada (Krever Inquiry), in arbitrations under the NAFTA and for the Minister of Justice in matters arising under the Judges Act. He has appeared at all levels of court in most provinces and in over twenty appeals before the Supreme Court of Canada.

He has been co-author of the Federal Court Practice since 1988 and also co-author of The Annotated Crown Liability Act 1995. He was a frequent panelist at legal conferences and is the author of numerous legal articles, most recently “The Extra-territorial Application of the Charter of Rights” in the 2009 Supreme Court Law Review.

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Rennie

 

[Shajitmathew]

I Joined the law suit on 24th Jan 2012.

 

[annel]

I wonder how many from the 240 000 space is allocated to Legislation applicants.
http://visalawcanada.blogspot.in/2012/11/immigration-levels-to-remain-constant.html

 

[hopefulever]

I wonder whether ever Justice deliver judgment on Tim case in his tenure.

 

[kiwi1]

Hi guys

Last day of joining the litigation with Bellissimo group is on 12 Nov 2012.
If u are interested, do it now....

Visit their website for details...

Also, the litigation link in Cohen's website is no longer available...

Cheers

 

[warmest]

Here are those details.

New Deadline to Join the Federal Court Challenge Regarding the Return of FSW applications Filed Before February 27, 2008!
We will be accepting new applicants until 12 November 2012.
Applicants' counsel is moving forward with the Certification Motion, being heard on 23 November 2012. At that time we will argue that a Class Action be certified to include all applicants whose Federal Skilled Worker applications were terminated by section 87.4 of the Immigration and Refugee Protection Act.
Click here to Join the Class Proceeding.


Join the Class Proceeding
Court Proceeding
Bellissimo Law Group and Campbell Cohen have filed a Test Case, a Certification Motion and argued a Stay Motion respectively. We and the hundreds of applicants we represent in this action feel very strongly that in abandoning these applications and dashing the hopes of all of these innocent individuals who applied in good faith and waited patiently all these years, the government is morally and ethically wrong. The important question though is whether it is also legally wrong. For the answer to that question applicants are entitled to a decision from the appropriate court.

Why Join the Class Proceeding
1. If we are successful in our legal proceedings it is possible that all affected individuals may benefit even without joining the litigation. However, this cannot be guaranteed. By joining us at this time you can be certain that your application will be included in any successful court decision or negotiated settlement that is reached with CIC.
2. Additional numbers of applicants directly challenging the law lets the Canadian government know that there are many affected persons who feel the law is unfair. The more applicants who are willing to take a stand against what they feel is legally wrong sends a stronger message to the Canadian government.

Can You Join?
If you submitted an application for Canadian Permanent Resident Visa under the Federal Skilled Worker category prior to 28 February 2008 (the APPLICATION) and the APPLICATION has not yet been disposed of by the Canadian Immigration Authorities you can join.
To pursue a Judicial Review in the Federal Court as part of a proposed Class Proceeding (the PROCEEDING) against the Government of Canada's decision to terminate all applications similar to the APPLICATION you agree to pay Bellissimo Law Group $500 CAD as fees. These fees are not refundable under any circumstances.
Please contact Joanna Mennie one of the lawyers at Bellissimo Law Group working with Mario D. Bellissimo on the PROCEEDING by e-mail at jm@bellissimolawgroup.com or by telephone Local:1.416.787.6505 or Toll Free: 1.877.787.8850 or via Twitter, LinkedIn or Facebook.

 

[warmest]

Here are some information that could be obtained from the Internet about Lorne Waldman's lawsuit.

FSW Law Suit Against Federal Government Decision

WALDMAN & ASSOCIATES

FEDERAL SKILLED WORKER BACKLOG ELIMINATION CLASS ACTION

A group of lawyers have come together to launch a class action litigation challenging the Federal Government’s proposed legislation terminating all federal skilled worker applications made prior to February 27, 2008 for which a selection decision was not made prior to March 29, 2012.

This proposed action was first announced by the Federal Government on March 29, 2012 as part of the 2012 budget plan. On April 26, 2012 the Minister of Finance tabled Bill C-38, An Act to Implement Certain Provisions of the Budget Tabled in Parliament on March 29, 2012 and Other Measures. Section 87.4 of Bill C-38 implements the proposal in the Budget Plan to terminate all applications for a permanent resident visa as a federal skilled worker made before February 27, 2008 for which a selection decision was not made prior to March 29, 2012. This section will be implemented as an amendment to the Immigration and Refugee Protection Act.

This action will affect approximately 280 000 applicants. Many of these applicants have been waiting patiently for years to have their applications processed. The government is constantly highlighting the need for immigrants to apply through the available legal processes and to wait in queue for their application to be processed. All of these applicants have applied through the proper process and have been waiting for up to seven years to have their applications processed. During this time they have received correspondence from the government acknowledging their application and confirming that their application would be processed. Many of the applicants received requests for further information throughout the process for which they complied. These applicants have planned their lives around the expectation that their application would indeed be processed. In addition, the applicants have spent significant finances hiring lawyers or immigration consultants to assist with their applications and to gather all the necessary documentation. Now, after years of patienly waiting in queue for their application to be processed, they are being told that their applications will be terminated. This decision comes without any prior warning or opportunity to hear from the applicants. The sudden decision to stop processing all these applications is unconscionable and unfair.

The group of lawyers, which includes Lorne Waldman and Peter Larlee and Ryan Rosenberg are launching this litigation to challenge this proposed amendment. A number of applications for mandamus have already been filed and more will be filed shortly. These applications seek an order that the applicant’s application for permanent residence under the federal skilled worker class be processed.

Media Contact Client Contact
Lorne Waldman
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario, M4P 1L3
416-482-6501
lorne@lornewaldman.ca.
Peter Larlee or Ryan Rosenberg
Larlee Rosenberg, Barristers & Solicitors
Suite 600-555 West Georgia St.
Vancouver, British Columbia V6B 1Z5
classaction@larlee.com

 

[kiwi1]

Skilled worker immigrant backlog to be eliminated three years ahead of schedule


Read more: http://www.canada.com/Skilled+worker+immigrant+backlog+eliminated+three+years+ahead+schedule/7485643/story.html#ixzz2B2JqdLvY

 

[Gaber1]

What I judged , litigation case is total failure. every councellor know this but they are still making fool of innocent applicants to join their litigation in the greed of money. shame to all these senseless councellors.

 

[hopefulever]

Acknowledgment of Receipt received from all parties by telecopier on 30-OCT-2012 with respect to Oral directions dated 30-OCT-2012 placed on file on 30-OCT-2012
- 2012-10-30 Ottawa Oral directions of the Court: The Honourable Mr. Justice Barnes dated 30-OCT-2012 directing "The Court is scheduling a Case Management Conference on November 14, 2012 at 4:00 pm for duration of 1.5 hours. Counsel located at Toronto to appear at the Federal Court, 180 Queen Street West, in the city of Toronto, Province of Ontario and other counsel may appear by telephone." received on 30-OCT-2012 Confirmed in writing to the party(ies)
- 2012-10-26 Ottawa Acknowledgment of Receipt received from all parties by telecopier on 26-OCT-2012 with respect to Written directions of 26-OCT-2012 placed on file on 26-OCT-2012
- 2012-10-26 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 26-OCT-2012 directing "At the request of counsel, the lead file for all of Mr. Wong's mandamus files under case management will now be the matter WEI v. MCI, IMM-6165-12 to replace WANG v. MCI, IMM-4615-12 received on 26-OCT-2012 Confirmed in writing to the party(ies)
- 2012-10-25 Ottawa Acknowledgment of Receipt received from all parties by telecopier on 25-OCT-2012 with respect to Written Directions (2) dated 25-OCT-2012 (ID# 88 & 89) placed on file on 25-OCT-2012
- 2012-10-25 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 25-OCT-2012 directing "At the request of counsel, teh matter of YIN v. MCI, IMM-8747-12, will be the lead file for Mr. Waldman's mandamus files presently under case management. The file YIN v. MCI, IMM-3801-12, will be held in abeyance until a further Direction or Order is issued." received on 25-OCT-2012 Confirmed in writing to the party(ies)
- 2012-10-25 Ottawa ****** CANCELLED ****** Copy of Direction dated 25-OCT-2012 directing that: "At the request of counsel, the matter of YIN v. MCI, IMM-8747-12, will be the lead file for Mr. Waldman's mandamus files presently under case management. The file YIN v. MCI, IMM-3801-12, will be held in abeyance until a further Direction of Order is issued." placed on file on 25-OCT-2012 Original placed on Court File No. IMM-8747-12
- 2012-10-25 Ottawa 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 por tunc a Memorandum of Reply as requested in Mr. Bellissimo's letter of October 3, 2012." rendered on IMM-5635-12 received on 25-OCT-2012 Confirmed in writing to the party(ies)
- 2012-10-02 Ottawa Amended Written Directions of the Court: The Honourable Mr. Justice Barnes dated September 27, 2012, directing: ¿The Court requests that, in order to streamline consistent processing, that counsel make reference to their lead file docket number when making future Court filings. The Court directs that all communications/ correspondence to the Court be directed to Registry as follows: Attention: SRO-IMMIGRATION , The Registrar , Thomas D'Arcy McGee Building 90 Sparks Street , Ottawa, Ontario K1A 0H9, Fax: 1-613-947-2141, Email: OTTAWA-MANDAMUS @ cas-satj.gc.ca Counsel cooperation is greatly appreciated.¿ placed on file on 02-OCT-2012
- 2012-09-27 Ottawa Ottawa 27-SEP-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: counsel are to contact the Court if followup CMC required. The Court advises that Notices of Appearance do not have to be filed on the Mandamus group of files. held by way of Conference Call Duration per day: 27-SEP-2012 from 02:00 to 02:45 Courtroom : Judge's Chambers - Ottawa Court Registrar: Ann Murphy Total Duration: 45min Appearances: Ms. Mary Lam 416-383-0266 representing Applicant Mr. Robert Blanshay 516-413-4955 representing Applicant Mr. Lawrence Wong 604-739-0118 representing Applicant Mr. Rocco Galati 416-536-7811 representing Applicant Mr. Lorne Waldman 416-482-6501 representing Applicant Mr. Timothy Leahy 416-226-9889 representing Applicant Mr. Cecil Rotenberg 416-449-8866 representing Applicant Ms. Wennie Lee 416-321-0100 representing Applicant Mr. Mario Bellissimo, Ms. Erin Roth 416-787-6505 representing Applicant Mr. Keith Reimer and Ms. Hilla Aharon 604-666-1276 representing Respondent Ms. Jocelyn Espejo-Clarke 416-973-5199 representing Respondent Ms. Jane Stewart 416-973-7528 representing Respondent Ms. Alison Engel-Yan 416-973-1349 representing Respondent Minutes of Hearing entered in Vol. 272 page(s) 5 - 13 Abstract of Hearing placed on file
- 2012-09-27 Toronto Letter from Applicant dated 27-SEP-2012 identifying Applications for litigants whose names or file numbers were incorrectly provided (**amended applications have been filed on the respective files). received on 27-SEP-2012 with proof of service on the respondent
- 2012-09-25 Toronto Letter from Applicant dated 25-SEP-2012 advising that Applicant intends to file a motion on Monday to ask Justice Rennie to reconsider his order in lead case 2012FC758. received on 25-SEP-2012
- 2012-09-24 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 24-SEP-2012 directing Upon receipt of a letter from Martin Anderson dated September 21, 2012 and the reply from Mr. Bellissimo of the same day, the Court directs that a further case management meeting will be convened by teleconference from Halifax on Thursday, September 27, 2012 at 3:00 pm (Atlantic) and 2:00 pm (Eastern) to discuss the issues raised by Mr. Anderson. received on 24-SEP-2012 Confirmed in writing to the party(ies)
- 2012-09-24 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 24-SEP-2012 directing The Court directs that the motions filed in YIN v MCI, docket IMM-8747-12 and TABINGO v MCI, docket IMM-5635-12 to certify those proceedings as class proceedings will be heard on Friday, the 23rd day of November, 2012 and Friday, the 30th day of November, 2012, 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 two (2) days; received on 24-SEP-2012 Confirmed in writing to the party(ies)
- 2012-09-24 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 24-SEP-2012 directing The Court requests that, in order to streamline consistent processing, correspondence and Court filings should be filed directly with the Ottawa Registry as follows: Attention: SRO-IMMIGRATION, Ann Murphy and/or Jean-Francois Rochon The Registrar, Thomas D'Arcy McGee Building 90 Sparks Street, Ottawa, Ontario K1A 0H9 Fax: 1-613-947-2141 Email: OTTAWA-MANDAMUS @ cas-satj.gc.ca The Court directs that counsel make reference to their lead file docket number when making future court filings. Counsel cooperation is greatly appreciated. received on 24-SEP-2012 Confirmed in writing to the party(ies)
- 2012-09-14 Ottawa Communication to the Court from the Registry dated 14-SEP-2012 re: sent to Court regarding A's Motion doc # 8, R's motion record doc # 14, A's reply doc #16, Applicant's amended submissions (August 31, 2012 letter), R's amended submissions doc # 19 and A's reply doc # 21
22 2012-09-13 Toronto Solicitor's certificate of service on behalf of Timothy Leahy confirming service of Doc 21 upon Respondent by telecopier on 13-SEP-2012 filed on 13-SEP-2012
21 2012-09-13 Toronto Reply to Doc 18 on behalf of the applicant filed on 13-SEP-2012
- 2012-09-12 Toronto Letter from Applicant dated 12-SEP-2012 indicating that a reply to Doc 18 is forthcoming; should be filed Sept 13/12 received on 12-SEP-2012
20 2012-09-10 Toronto Affidavit of Gareth Olafson on behalf of the respondent sworn on 10-SEP-2012 confirming service of Doc. No. 19 on the applicant by personal service on 10-SEP-2012 filed on 10-SEP-2012
19 2012-09-10 Toronto Motion Record in response to Motion Doc. No. 8 containing the following original document(s): 17 18 Number of copies received: 3 on behalf of Respondent filed on 10-SEP-2012
18 2012-09-10 Toronto Written representations contained within a Motion Record on behalf of the respondent in opposition to Doc. No. 8 filed on 10-SEP-2012
17 2012-09-10 Toronto Affidavit of Jillian Schneider contained within a Motion Record on behalf of the respondent sworn on 10-SEP-2012 in opposition to Doc. No. 8 with attached exhibit(s) A-G filed on 10-SEP-2012
- 2012-09-05 Toronto Letter from Respondent dated 05-SEP-2012 responding to Mr.Leahy's amended motion materials. received on 05-SEP-2012
- 2012-08-31 Toronto Letter from Timothy E. Leahy dated 31-AUG-2012 to be placed before Justice Barnes. Addressing letter from Respondent dated 27-AUG-2012 and attaching modified written submissions, modified reply and submissions regarding contingent's membership. received on 31-AUG-2012
- 2012-08-28 Toronto Letter from Respondent dated 27-AUG-2012 requesting the letter be placed before Justice Barnes with respect to the matters discussed at Friday's case management conference. received on 28-AUG-2012
- 2012-08-27 Ottawa Oral directions of the Court: The Honourable Mr. Justice Barnes dated 27-AUG-2012 directing that a hearing has been scheduled for one full day on September 18, 2012 to begin at 10:30 a.m. Ottawa time in person (7:30 Vancouver time by Video-conference) to hear any motions filed by Counsel. Only counsel who file motion records will be permitted to plead in Court. Other counsel will be permitted to attend. Litigation Management may also attend. received on 27-AUG-2012 Confirmed in writing to the party(ies)
- 2012-08-23 Toronto Letter from Applicant dated 21-AUG-2012 identifying files that require a correction to their visa office file numbers (Corrected Applications filed on the respective files). received on 23-AUG-2012 with proof of service on the respondent
- 2012-08-10 Toronto Letter from Jane Stewart, counsel for the Respondent dated 10-AUG-2012 in response to the Applicant's letter dated 7-AUG-2012 received on 10-AUG-2012
- 2012-08-07 Toronto Letter from Mr. Timothy Leahy dated 07-AUG-2012 regarding the CMC of 3-Aug-2012 and the directions of the court that parties address this week the issue of whether additional litigants may join the Emam litigation. received on 07-AUG-2012
- 2012-08-03 Ottawa Ottawa 03-AUG-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: The Court will set a Case Management Conference in a week or two. held in chambers by way of video conference Duration per day: 03-AUG-2012 from 14:00 to 15:00 Courtroom : Judge's Chambers - Ottawa Court Registrar: Jean-Francois Rochon Total Duration: 1h Appearances: Tim Leahy 416.226.9889 representing Applicant Lorne Waldman 416.482.6501 representing Applicant Mario Bellissimo (w/Erin Roth) 416.787.6505 representing Applicant Matthew Jeffery 416.944.3267 representing Applicant Cecil Rotenberg 416.907.8245 representing Applicant Lawrence Wong 604.739.0118 representing Applicant Wennie Lee 416.321.0100 representing Applicant Martin Anderson 416.952.2856 representing Respondent Jocelyn Espejo-Clarke 416.973.5199 representing Respondent Charles Jubenville 416.952.2938 representing Respondent Angela Marinos 416.973.8858 representing Respondent Jane Stewart 416.973.7528 representing Respondent Keith Reimer 604.666.1276 representing Respondent Minutes of Hearing entered in Vol. 270 page(s) 25 - 31 Abstract of Hearing placed on file
- 2012-08-01 Ottawa Oral directions of the Court: The Honourable Mr. Justice Barnes dated 01-AUG-2012 directing RE: Mr. Leahy's letter, by e-mail dated Aug 1/12 concerning CMC (02-Aug-12) "You are not required to participate if that is your choice." and directing that: "This e-mail be copied to all counsel involved in the CMC and the registry." (e-mailed to Mr. Leahy on Aug 1/12, DOJ counsel: Ms. Marinos, Ms. Alison Engel-Yan, Ms. Jane Stewart.) received on 01-AUG-2012
- 2012-08-01 Ottawa Letter (received by e-mail) dated 01-AUG-2012 requesting clarification of the purpose of the CMC etc. (scanned to the Court) received on 01-AUG-2012
- 2012-07-27 Toronto Letter from Applicant dated 27-JUL-2012 in response to Respondent's letter dated 27-JUL-2012 received on 27-JUL-2012
- 2012-07-27 Toronto Communication to the Court from the Registry dated 27-JUL-2012 re: letter from respondent dated 25-jul-2012 sent to Barnes J.
- 2012-07-27 Toronto Letter from Respondent dated 25-JUL-2012 advising the court on negotiation status received on 27-JUL-2012
- 2012-07-23 Toronto Letter from Applicant dated 22-JUL-2012 identifying applications that require corrections to the Applicant names and visa post file numbers. Copy of "corrected" applications are provided for filing on the respective files. received on 23-JUL-2012 with proof of service on the respondent
- 2012-07-18 Ottawa Communication to the Court from the Registry dated 18-JUL-2012 re: A's motion (doc.8) sent to court for disposition
- 2012-07-13 Toronto Letter from Applicant dated 13-JUL-2012 responding to the Respondent's letter of 10-JUL-2012 received on 13-JUL-2012
16 2012-07-13 Toronto Reply on behalf of the applicant (with regard to Motion doc 8) filed on 13-JUL-2012 with proof of service on the respondent
- 2012-07-11 Toronto Letter from Respondent dated 10-JUL-2012 addressing motion concerning case-managed proceedings under direction of Justice Barnes. received on 11-JUL-2012
15 2012-07-09 Toronto Affidavit of Gareth Olafson on behalf of the respondent sworn on 09-JUL-2012 confirming service of doc 14 on the applicant by personal service on 09-JUL-2012 filed on 09-JUL-2012
14 2012-07-09 Toronto Motion Record containing the following original document(s): 12 13 Number of copies received: 3 on behalf of Respondent filed on 09-JUL-2012
13 2012-07-09 Toronto Written representations contained within a Motion Record on behalf of the respondent in opposition to doc 8 filed on 09-JUL-2012
12 2012-07-09 Toronto Affidavit of Jillian Schneider contained within a Motion Record on behalf of the respondent sworn on 09-JUL-2012 in opposition to doc 8 with attached exhibit(s) A-D filed on 09-JUL-2012
11 2012-06-29 Toronto Motion Record containing the following original document(s): 8 9 10 Number of copies received: 3 on behalf of Applicant filed on 29-JUN-2012 with proof of service on Respondent on 29-JUN-2012
10 2012-06-29 Toronto Written submissions contained within a Motion Record on behalf of the applicant in support of DOC 8 filed on 29-JUN-2012
9 2012-06-29 Toronto Affidavit of PANTEA JAFARI contained within a Motion Record on behalf of the applicant sworn on 29-JUN-2012 in support of DOC 8 filed on 29-JUN-2012
8 2012-06-29 Toronto Notice of Motion contained within a Motion Record on behalf of Applicant in writing to be placed before the Court in Ottawa for DIRECTION DEFINING THE MEANING OF "GUIDED BY" AT 14 OF THE PROTOCOL FILED IN THIS APPLICATION AND RELATING TO ALL THE LITIGANTS WHOSE APPLICATIONS ARE PROCEEDING TOGETHER UNDER THIS APPLICATION AND (B)STATING HOW 14 SHALL BE APPLIED, AND SUCH OTHER RELIEF filed on 29-JUN-2012
- 2012-06-28 Ottawa Acknowledgment of Receipt received from Mr. Leahy, Ms. Marinos, Ms. Aharon, Mr. Rotenberg and Mr. Wong with respect to Directions issued 28-JUN-2012 by the Honourable Mr. Justice Barnes (ID44) placed on file on 28-JUN-2012
- 2012-06-28 Ottawa Ottawa 28-JUN-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: Parties are to consult each others to reach consent on undertakings, content of the Notice for publication and amended application for leave and for judicial held by way of Conference Call in chambers Duration per day: 28-JUN-2012 from 03:00 to 03:22 Courtroom : Judge's Chambers - Ottawa Court Registrar: Pauline Chartrand Total Duration: 22min Appearances: Mario Bellissimo and Erin Roth (416) 787-6505 representing Applicant Matthew Jeffery (416) 944-3267 representing Applicant Tim Leahy (416) 226-9889 representing Applicant Cecil Rotenberg (416) 907-8245 representing Applicant Lorne Waldman (416) 482-6501 representing Applicant Lawrence Wong (604) 739-0118 representing Applicant Hilla Aharon (604) 775-6022 representing Respondent Martin Anderson (416) 952-2856 representing Respondent Alison Engel-Yan (416) 973-1349 representing Respondent Jocelyn Espejo-Clarke (416) 973-5199 representing Respondent Paul Evraire (416) 973-4006 representing Respondent Charles Jubenville (416) 952-2938 representing Respondent Angela Marinos (416) 973-8858 representing Respondent Jane Stewart (416) 973-7528 representing Respondent Comments: teleconference with counsel appearing from their respective Offices at Toronto and Vancouver. Heard together with IMM-3801-12, IMM-4615-12, IMM-4866-12, IMM-5481-12 et al Minutes of Hearing entered in Vol. 263 page(s) 446 - 448 Abstract of Hearing placed on file
- 2012-06-28 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 28-JUN-2012 directing that: "Further to the case management teleconference held on Tuesday, June 26, 2012, the attached correspondence is removed from all Court files and returned to Timothy Leahy." received on 28-JUN-2012 Confirmed in writing to the party(ies)
- 2012-06-26 Ottawa Ottawa 26-JUN-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference to discuss the letters received from counsel and the issue of Bill C-38 Result of Hearing: Mr. Waldman is to keep the Court posted on the position of the Minister held by way of Conference Call in chambers Duration per day: 26-JUN-2012 from 03:09 to 04:03 Courtroom : Judge's Chambers - Ottawa Court Registrar: Chantal Berube Total Duration: 54min Appearances: Mr. Mario Bellissimo/Ms. Erin Roth 416-787-6505 representing Applicant Mr. Matthew Jeffery 416-944-3267 representing Applicant Mr. Tim Leahy 416-226-9889 representing Applicant Mr. Cecil Rotenberg 416-907-8245 representing Applicant Mr. Lorne Waldman 416-482-6501 representing Applicant Mr. Lawrence Wong 604-739-0118 representing Applicant Ms. Hilla Aharon 604-775-6022 representing Respondent Mr. Martin Anderson 416-952-2856 representing Respondent Ms. Alison Engel-Yan 416-973-1349 representing Respondent Ms. Jocelyn Espejo-Clarke 416-973-5199 representing Respondent Mr. Paul Evraire 416-973-4006 representing Respondent Mr. Charles Jubenville 416-952-2938 representing Respondent Ms. Angela Marinos 416-973-8858 representing Respondent Ms. Jane Stewart 416-973-7528 representing Respondent Comments: The Court would like to tentatively schedule another conference call for Thursday, June 28th at 3:00pm. The Court to issue a direction for the removal of Mr. Leahy's letters (2) dated June 22, 2012. Heard together with IMM-3801-12, IMM-4615-12, IMM-4866-12, IMM-5481-12 et al. Minutes of Hearing entered in Vol. 263 page(s) 372 - 380 Abstract of Hearing placed on file
- 2012-06-22 Toronto ****** REMOVED ****** Copy of a Letter from Applicant dated 22-JUN-2012 regarding the "guided by" issue received on 22-JUN-2012
- 2012-06-20 Ottawa E-mail correspondence received from Applicant's counsel concerning a request for a Case Management conference. Also attached is a copy of a letter dated 18-Jun-2012 sent to Respondent's counsel. (scanned to Court 20-Jun-2012) received on 20-JUN-2012
- 2012-06-15 Toronto Letter from Applicant dated 15-JUN-2012 providing the Court with a list of files requiring a correction to the Applicants' name. Copies of amended applications are provided (as permitted by the Direction of Barnes J. dated 8-FEB-2012). received on 15-JUN-2012 with proof of service on the respondent
- 2012-06-08 Ottawa Letter from Applicant dated 08-JUN-2012 proposing certified questions further to hearing held on June 5, 2012 on IMM-9634-11 and IMM-137-12 received on 08-JUN-2012
- 2012-06-07 Toronto Oral directions of the Court: The Honourable Mr. Justice Barnes dated 07-JUN-2012 directing Mr.Jeffrey to call Mr.Wong (Vancouver) and Mr.Anderson to call their Vancouver colleagues to fill them in on details of yesterday's CMC. This may eliminate need to have a seperate discussion.If either side wants a seperate discussion they should advise us to set something up, otherwise update is sufficient. Counsel advised. received on 07-JUN-2012
- 2012-06-06 Toronto Toronto 06-JUN-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: Directions; Further case management conference to be scheduled. held conference room and by videoconference Senior Usher: Noel Nation 06-JUN-2012 Duration per day: 06-JUN-2012 from 05:15 to 05:50 Courtroom : Conference Room No. 4-47 - Toronto Court Registrar: Jim Outtrim 06-JUN-2012 from 05:15 to 05:50 Courtroom : Discovery Room (701) - Vancouver Court Registrar: Stephanie Chartrand Total Duration: 35min Appearances: Mr.Timothy Leahy 416-226-9889 representing Applicant Ms.Clarisa Waldman 416-482-6501 representing Applicant Ms.Tamara Morgenthau 416-482-6501 representing Applicant Mr.Matthew Jeffery 416-944-3267 representing Applicant Mr.Cecil Rotenberg 416-907-8245 representing Applicant Ms.Erin Roth 416-787-6505 representing Applicant Mr.Martin Anderson 416-952-2856 representing Respondent Mr.Charles Jubenville 416-952-2856 representing Respondent Mr.Keith Reimer (Vancouver) 604-666-1276 representing Respondent Ms.Hilla Aharon (Vancouver) 604-666-1276 representing Respondent Comments: At hearing the Court directed:counsel for the DOJ,Vancouver be dismissed from hearing since Mr.Lawrence Wong,Applicant's counsel in Vancouver could not be connected by telephone conference. The Court further directed there be an undertaking from DOJ that the Immigration be held in abeyance pending this litigation;Awaiting new legislation Bill 38;Counsel to attempt agreement on a lead counsel;whether motion for interim injunction to be filed. The Court directed that the applicants submit correspondence on the above by June 15,2012,and the respondents submissions by June 22,2012. A further cmc to be scheduled on a date to be set. This matter heard with files IMM-3801-12,IMM-4865-12,and IMM-4655-12. Please see minutes on main file IMM-7502-11. Minutes of Hearing entered in Vol. 262 page(s) 484 - 487 Abstract of Hearing placed on file
- 2012-05-31 Ottawa Ottawa 31-MAY-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Meeting to discuss the new Mandamus Applications filed on May 16 and 22, 2012 Result of Hearing: Mr. Jeffery and Mr. Wong are to submit a letter addressed to the Chief Justice to have their matters specially managed. Applicants are to consult each other trying to reach any consent concerning the abeyance of all matters involved including the ones that Mr. Rotenberg intends to file. Court is scheduling another meeting on Wednesday, June 6, 2012 at 5:00 pm Ottawa time from Toronto held in Court by way of video conference Senior Usher: Robert Lemay Duration per day: 31-MAY-2012 from 12:30 to 01:23 Courtroom : Videoconference Room - 7th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Pauline Chartrand 31-MAY-2012 from 12:30 to 01:23 Courtroom : Conference Room No. 4-47 - Toronto Court Registrar: Sherri Ally 31-MAY-2012 from 12:30 to 01:23 Courtroom : Discovery Room (701) - Vancouver Court Registrar: Eloy Pineda Total Duration: 53min Appearances: Tim Leahy (416) 226-9889 representing Applicant Lorne Waldman (416) 482-6501 ext.251 representing Applicant Matthew Jeffery (416) 944-3267 representing Applicant Lawrence Wong (604) 739-0118 representing Applicant Alison Engel-Yan (416) 973-1349 representing Respondent Angela Marinos (416) 973-8858 representing Respondent Jane Stewart (416) 973-7528 representing Respondent Martin Anderson (416) 952-2856 representing Respondent Keith Reimer (604) 666-1276 representing Respondent Hilla Aharon (604) 775-6022 representing Respondent Comments: Heard together with IMM-3801-12; IMM-4865-12 et al and IMM-4655-12 et al Minutes of Hearing entered in Vol. 262 page(s) 270 - 274 Abstract of Hearing placed on file
- 2012-05-29 Ottawa Oral directions of the Court: The Honourable Mr. Justice Barnes dated 29-MAY-2012 directing The Court is scheduling a Case Management Conference to proceed by video between Ottawa, Toronto and Vancouver on Thursday, May 31, 2012 at 12:30pm Ottawa time for a duration of one hour. Directions communicated to parties by email on May 29, 2012 received on 29-MAY-2012 Confirmed in writing to the party(ies)
- 2012-05-10 Ottawa Memorandum to file from Ann Murphy dated 10-MAY-2012 further to an e-mail from Mr. Gold (DOJ) to the Toronto registry he advised that Ms. Marinos would be taking over as counsel for the Respondent and Ms. Engel Yan and Ms. Stewart Guthrie will continue as co-counsel for the Respondent. placed on file.
- 2012-04-05 Toronto Letter from Respondent dated 05-APR-2012 regarding the new legislation and the relief of this mandamus application. received on 05-APR-2012
- 2012-04-04 Toronto Letter from solicitor for the Applicant dated 04-APR-2012 requesting direction on how litigation should proceed in view of the Minister's ukase. Counsel is available for a cmc. received on 04-APR-2012
- 2012-02-09 Ottawa Letter from solicitor for the Respondent dated 09-FEB-2012 further to earlier letter dated Feb 9, 2012, correct file number should be IMM-137-12. received on 09-FEB-2012
- 2012-02-09 Ottawa Memorandum to file from Ann Murphy dated 09-FEB-2012 the Court (Barnes, J.) issued the following direction in response to the letter received from the Respondent dated 08-02-12: Please advise counsel that the only two files that need to be perfected are the two representative applications.(IMM-137-12 and IMM-9634-11) The direction was issued on file IMM-7502-11 only to ensure that it would be cross referenced into all the other files. placed on file.
- 2012-02-09 Ottawa Letter from solicitor for the Respondent dated 09-FEB-2012 confirming receipt of the directions on IMM-7502-11, IMM-137-12 and IMM-9634-11. The Respondent notes that there should be two representative files that will be proceeded with IMM-137-12 and IMM-9634-11 and that the direction on IMM-7502-11 may have been issued in error. (sent to Court) received on 09-FEB-2012
- 2012-02-08 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 08-FEB-2012 directing Having received the agreed Protocol from the parties and following a teleconference with counsel on February 7, 2012, it was agreed and the Court directs the following: 1. the Applicant's Record will be filed and served on or before March 8, 2012; 2. the Respondent's Record will be filed and served on or before April 10, 2012; and 3. the Applicant's Reply will be filed on or before April 19, 2012 The parties have agreed to set aside time now for cross-examinations of affiants and in the expectation that leave will be granted. The proposed date for the hearing of the applications in the two representative proceedings will be Tuesday, June 5, 2012 at Toronto, Ontario for a full day. Corrections to the style of cause as outlined in Mr. Leahy's letter of February 6, 2012 will be perfected by tthe filing of Amended Notices of Applications in those proceedings. received on 08-FEB-2012 Confirmed in writing to the party(ies)
- 2012-02-07 Toronto Toronto 07-FEB-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: The applicant idendifies two protocol matters to be perfected, namely under Class I - IMM-9634-11 and Class II IMM-137-12. The court directs the following timetable for the remaining steps to be followed: 1. Applicants record dur March 8, 2012; 2. Respondents Record due April 10, 2012; 3. Applicant's Reply due April 19, 2012. The parties to agree to set aside time for corss-examinations and for filing further arguments before the hearing date. Corrections to the styles of cause outlined in Mr. Leahy's letter of February 6, 2012 may be amended by submitting amended notices of applications. held by way of Conference Call in chambers Duration per day: 07-FEB-2012 from 02:00 to 02:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Mary Sansone Total Duration: 30min Appearances: Timothy Leahy 416 226-9889 representing Applicants Stephen H. Gold 416 954-0624 representing Respondent Comments: Prothonotary Aalto also presiding at the case management conference. Minutes of Hearing entered in Vol. 256 page(s) 267 - 269 Abstract of Hearing placed on file
- 2012-02-06 Toronto Letter from Timothy Leahy, counsel for the applicants dated 06-FEB-2012 listing a number of names shown in the styles of cause having errors... received on 06-FEB-2012
7 2012-02-03 Toronto Protocol Regarding FSW Mandamus Litigation on behalf of the Respondent filed on 03-FEB-2012
- 2012-01-24 Ottawa Acknowledgment of Receipt received from Applicant, Respondent, Litigation Management with respect to Direction placed on file on 24-JAN-2012
- 2012-01-24 Ottawa Written directions of the Court: The Honourable Mr. Justice Barnes dated 24-JAN-2012 directing "In accordance with the discussion at Toronto on January 19, 2012 the parties are, by February 7, 2012, to prepare an agreed protocol for selecting and proceeding with a minimum number of representative cases. The protocol will set out the common legal issues to be resolved and provide an expedited timeline to advance the selected cases to the leave stage. Until further Order or Direction of the Court, the Order of January 13, 2012 is suspended." received on 24-JAN-2012 Confirmed in writing to the party(ies)
- 2012-01-19 Toronto Toronto 19-JAN-2012 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Case Management Conference Result of Hearing: 1. By February 7, 2012 the parties are to submit in writing how many matters will be argued and the time line for completing the litigation; 2. counsel for the applicants shall select 6 cases to be argued to proceed as protocol cases and the decisions may apply to other cases; held ADR room Senior Usher: Desmond Howard Duration per day: 19-JAN-2012 from 04:45 to 05:45 Courtroom : Discovery Room No. 4-45 - Toronto Court Registrar: Mary Sansone Total Duration: 1h Appearances: Timothy Leahy 416 226-9889 representing Applicant Alison Engel-Yan 416 973-1349 representing Respondent Minutes of Hearing entered in Vol. 255 page(s) 130 - 134 Abstract of Hearing placed on file
- 2012-01-17 Ottawa Letter from solicitor for the Respondent dated 17-JAN-2012 responding to order of the Court dated 13-Jan-2012 and in response to Applicant's letter. Ms. Engel-Yan advises that she is available for a CMC on January 19, 2011. (scanned to Court) received on 17-JAN-2012
- 2012-01-13 Ottawa Memorandum to file from Ann Murphy dated 13-JAN-2012 further to the Order of the Court, I contacted the assistant of DOJ counsel (Mr. Gold) and advised her of the Order of the Court and the requirements of the Order. I also contacted the Litigation Admin Group at DOJ Toronto and advised them of the deadlines for filing the Notices of Appearance contained in the Order and I have faxed them a copy of the order. placed on file.
- 2012-01-13 Ottawa Letter from Counsel for the Applicant in response to the Order of the Court (scanned to the Court) dated 13-JAN-2012 . received on 13-JAN-2012
- 2012-01-13 Ottawa Acknowledgment of Receipt received from the applicant and the respondent with respect to doc.6 (Order of Justice Barnes) placed on file on 13-JAN-2012
6 2012-01-13 Ottawa Order rendered by The Honourable Mr. Justice Barnes at Ottawa on 13-JAN-2012 THIS COURT ORDERS that the earlier abyance of filing requirements for the Files as directed by paragraph 3 of the Order of December 7, 2011 is lifted. The Respondent is required to comply with Rule 8 of the Federal Courts Immigration and Refugee Protection Rules, and, where service of an application has been carried out, it shall file a Notice of Appearance within 10 days of the date of this Order. Commencing the date of this Order, the Applicants are required to comply with Rule 10. Decision filed on 13-JAN-2012 Considered by the Court without personal appearance entered in J. & O. Book, volume 541 page(s) 73 - 74 Copy of the order sent to all parties Transmittal Letters placed on file.
- 2012-01-04 Ottawa Acknowledgment of Receipt received from Applicant, Respondent, Immigration with respect to order identifying Case Management Judge sent by fax placed on file on 04-JAN-2012
5 2012-01-04 Ottawa Order rendered by Chief Justice Crampton at Ottawa on 04-JAN-2012 It is ordered pursuant to Rule 383 that Justice Robert L. Barnes is assigned as Case Management Judge in this matter. Decision filed on 04-JAN-2012 Considered by the Court without personal appearance entered in J. & O. Book, volume 540 page(s) 33 - 33 Copy of the order sent to all parties Transmittal Letters placed on file.
- 2012-01-03 Ottawa Communication to the Court from the Registry dated 03-JAN-2012 re: Sent to Court for assignment of a Case Management Judge per order of the Court dated December 7, 2011.
- 2011-12-22 Toronto Letter from Stephen H. Gold, counsel for the respondent dated 22-DEC-2011 respondent wishes to clarify...there was no agreement between the parties concerning the number or basis upon which those representative cases should be determined... received on 22-DEC-2011
- 2011-12-20 Toronto Letter from Applicant dated 19-DEC-2011 ...Mr. Gold's letter declining mediation, however willing to discuss options for case management...unclear as to when application records are due and requesting guidance as to when the records are due. received on 20-DEC-2011
- 2011-12-19 Toronto Letter from Respondent's counsel dated 19-DEC-2011 This letter states that the respondent respectfully declines the proposal for mediation but is open to discuss options for case management. received on 19-DEC-2011
- 2011-12-08 Toronto Acknowledgment of Receipt received from all parties with respect to Doc 4 (resent to parties as page 3 had a typo, now corrected) placed on file on 08-DEC-2011
- 2011-12-07 Toronto Acknowledgment of Receipt received from all parties with respect to Doc 4 placed on file on 07-DEC-2011
4 2011-12-07 Toronto Order dated 07-DEC-2011 rendered by The Honourable Mr. Justice Barnes Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: 1. The Files shall be referred to the Office of the Chief Justice for the appointment of one or more Case Management Judges. 2. All the Files shall be cased managed together by the same Case Management Judge(s). 3. All the Files shall be held in abeyance pending information to be provided by counsel for the Respondent, which information shall be conveyed to the Case Management Judges and to counsel for the Applicants on or before December 20, 2011.... 8. The Court Registry shall file all Orders, Directions, or other documents only in Court file No. IMM-7052-11 until further Order or Direction of the Court and all Files and Subsequent Files shall be cross-referenced to Court File No. IMM-7052-11. Filed on 07-DEC-2011 certified copies sent to parties entered in J. & O. Book, volume 537 page(s) 71 - 75 Interlocutory Decision
- 2011-12-06 Toronto Toronto 06-DEC-2011 BEFORE The Honourable Mr. Justice Barnes Language: E Before the Court: Meeting Result of Hearing: That Imm-7502-11 is designated the lead file; Counsel for the respondent Stephen Gold shall inform the court by December 20, 2011 whether his client agrees to participate in medication discussions. The court will issue an order to dispense with filing Notices of Appearance; the matter will be referred to the office of the Acting Chief Justice for an order designating a Case Manager. held ADR room Duration per day: 06-DEC-2011 from 03:30 to 04:35 Courtroom : Discovery Room No. 4-45 - Toronto Court Registrar: Mary Sansone Total Duration: 1h Appearances: Timothy Leahy 416 226-9889 representing Applicant Stephen H. Gold 416 954-0624 representing Respondent Minutes of Hearing entered in Vol. 253 page(s) 389 - 391 Abstract of Hearing placed on file
- 2011-12-05 Ottawa Rule 9 Response advising that no decision has been made therefore no reasons exist sent by Canadian Embassy in Warsaw on 05-dec-2011 pursuant to Rule 9(2) Received on 05-DEC-2011
- 2011-12-02 Ottawa Written directions of the Judicial Administrator dated 02-DEC-2011 directing An informal case management meeting will take plce before this Court at 180 Queen Street West, in the City of Toronto, Ontario, on Tuesday, the 6th day of December, 2011 at 2:00 in the afternoon for a duration not exceeding two (2) hours. This direction also applies to the following files
3 2011-11-09 Halifax Notice of appearance on behalf of the respondent filed on 09-NOV-2011 with proof of service on the applicant the tribunal
- 2011-11-08 Ottawa First request to Canadian Embassy, Warsaw, Polland File No.: B0492 14082 pursuant to Rule 9 dated 08-NOV-2011
2 2011-11-01 Toronto Copy of Doc 1 with proof of service on the respondent on 31-OCT-2011 filed on 01-NOV-2011
1 2011-10-28 Toronto Application for leave and judicial review against a decision Canadian Embassy, Warsaw Poland, MANDAMUS, FILE# B0492 14082 filed on 28-OCT-2011 Written reasons not received by the Applicant Tariff fee of $50.00 received

My query is the case is being handeled by justice Bernes from the very begining . No mention of Justice Rennie.

 

[wounderful]

My query is the case is being handeled by justice Bernes from the very begining . No mention of Justice Rennie.

Dear Hopefulever:

You are right the case is being handeled by justice Bernes from the very begining. Justice Rennie was the case judge for Mr. Tim case before and ruled for the two cases IMM-137-12 and 9634-11.

I am not part of that case nor with Tim. My lawyer is Bellissimmo and this is just to clear your confusion.

Thanks