Federal Skilled Worker Class Action Lawsuit

[Benidiction]

Hi, I just want to share this email from Chris Collete last Sep 3, assistant of David Cohen. I send questions to him since i was wandering the status of our case. I think i'm not satisfied of his answers or maybe its too early to tell..


Thank you for your message, and apologies for the delay in response.

1. What is going on now with the case?

From the last update I received, we were are still filing motions in court, and we hope to confirmation in the coming weeks as to whether the applications we have filed thus far will be certified into a class action lawsuit. We will be contacting all concerned individuals whenever there are updates in this respect.

2. Kindly tell us what are the settlement plans that will be negotiated to the court?

A settlement will only be discussed if the government wishes to settle. If they do, I believe the plan is to argue for the continued processing of the affected applications, or perhaps monetary compensation if the files are to be closed.

3. In case the court will favor that our application will not be returned, do you know how long does it takes for the processing of our application? is there a possibility that our application will be given a priority?

It is too early to tell how long the process will take if we are successful – the answer to this question depend on the courts.

Hi,

I am in the same boat like all of you... I appointed my lawyer to challenge the decision of the Government on my behalf. Over the years I experienced that once there is a moment to collect money from us, all the lawyers are very active and prompt in reply. Moment you pay him, he will go for hibernation. I paid my lawyer at the very beginning of this process. Since then whenever I asked him to reply to my queries, all he says " WILL INFORM YOU IN DUE COURSE " .. These wicked lawyers should update us time to time so that we can keep our hopes high. Nevertheless, we all should pray and keep expecting to win. :'(

regards
benediction

 

[annel]

Hi everyone, this is a reply i've received from Attorney David Cohen yesterday:

Dear Christo,

I hope that you are doing well.

This email is to update you on the Class Action court proceedings. Back on June 29, 2012, the Federal Court ordered Citizenship and Immigration Canada (CIC) not to terminate the applications (and return the government processing fees) of the individuals who had applied under the Federal Skilled Worker (FSW) category prior to February 28, 2008 and who had not received a selection decision by March 29, 2012, for a period of 90 days.

The 90 day “Stay Order” will be coming to an end near the end of this month (September). As we don’t expect to be heard in Court on the Motion for Certification as a Class Action before sometime in November, we are going back to Federal Court on September 18, 2012 to seek an extension of the “Stay Order” in an effort to prevent the government from beginning to terminate applications.

The probably outcome of the September 18, 2012 Court hearing will be one of the following:

· A new Stay will be granted for the entire class of FSW applicants;

· A new Stay will be granted for only those applicants before the Court;

· A new stay is not granted and the proceedings continue without a Stay in effect.


Once the Court decides on this issue I will advise you further.

 

[hopefulever]

Any Clue what was the reply submitted by cic in the court on 10th of sept?

 

[jo_1501]

My question is will only the persons that are apart of teh lawsuit files be completed or the lawsuit indirectly affect all applicants prior to feb. 2008. Im asking cause i have not joioned the lawsuit but is a pre feb applicant.

 

[kiwi1]

Hi jo_1501

you may find the answer to ur question in the below post by annel...

cheers

*****************************************************************

Hi everyone, this is a reply i've received from Attorney David Cohen yesterday:

Dear Christo,

I hope that you are doing well.

This email is to update you on the Class Action court proceedings. Back on June 29, 2012, the Federal Court ordered Citizenship and Immigration Canada (CIC) not to terminate the applications (and return the government processing fees) of the individuals who had applied under the Federal Skilled Worker (FSW) category prior to February 28, 2008 and who had not received a selection decision by March 29, 2012, for a period of 90 days.

The 90 day “Stay Order” will be coming to an end near the end of this month (September). As we don't expect to be heard in Court on the Motion for Certification as a Class Action before sometime in November, we are going back to Federal Court on September 18, 2012 to seek an extension of the “Stay Order” in an effort to prevent the government from beginning to terminate applications.

The probably outcome of the September 18, 2012 Court hearing will be one of the following:

· A new Stay will be granted for the entire class of FSW applicants;

· A new Stay will be granted for only those applicants before the Court;

· A new stay is not granted and the proceedings continue without a Stay in effect.


Once the Court decides on this issue I will advise you further.
***************************************************

quote author=jo_1501 link=topic=113853.msg1750313#msg1750313 date=1347473416]
My question is will only the persons that are apart of teh lawsuit files be completed or the lawsuit indirectly affect all applicants prior to feb. 2008. Im asking cause i have not joioned the lawsuit but is a pre feb applicant.
[/quote]

 

[annel]

hi Benidiction,

I also asked Cohen a few question after i received above email from them with regards to the law suit and geuss who replied, Chris Collete, here is his reply yesterday: My goodness i do not want compensation, i want my file process ASAP!

IF the stay is not granted, your application may be closed. However, the case against the government will still move forward, and we will still be seeking a remedy on your behalf (such as the reopening of your file or some form of compensation).
The proceedings are likely to take several months – for example we will only know if November, roughly, whether we will obtain certification to pursue a class action. Thereafter, it will likely be several more months before a final disposition is obtained.
Thus, I would not expect to have any movement on your file for the next several months at least.
Please contact me if you require anything else,

Best Regards,
Christopher Collette,

 

[erdavid]

hi Benidiction,

I also asked Cohen a few question after i received above email from them with regards to the law suit and geuss who replied, Chris Collete, here is his reply yesterday: My goodness i do not want compensation, i want my file process ASAP!

IF the stay is not granted, your application may be closed. However, the case against the government will still move forward, and we will still be seeking a remedy on your behalf (such as the reopening of your file or some form of compensation).
The proceedings are likely to take several months – for example we will only know if November, roughly, whether we will obtain certification to pursue a class action. Thereafter, it will likely be several more months before a final disposition is obtained.
Thus, I would not expect to have any movement on your file for the next several months at least.
Please contact me if you require anything else,

Best Regards,
Christopher Collette,

hi,

I feel this will likely happen coz I heard from another lawyer not to en-cash the refund as they will still challenge the decision further. they also mentioned that this lawsuit will take more months to have its final decision which means we have to wait more..... at the end we still do not know if decision will favor for us.

oh my, this issue is not looking good .

let us hope the decision will favor us all...

regards, erdavid

 

[hopeful4]

as I mentioned earlier, it is clear that Cohen might ask for or accept a financial compensation which will be worthless for us,,,,nothing will compensate the loss of 5 to 8 years of our lives
We should make it clear for him that the only settellment we will accept it the handeling of our files fairly, according to the rules under which we applied, and in a reasonable time frame,,otherwise we will be wasting the fees we paied him.

If I was not wrong, I think the judge ruled that the files of those who joined the lawsuit before 15 June should be examined by the Canadian authorities and that the medicals should be sent by maximum 14th of October. Can we await a similar decission?

 

[Maniraha]

as I mentioned earlier, it is clear that Cohen might ask for or accept a financial compensation which will be worthless for us,,,,nothing will compensate the loss of 5 to 8 years of our lives
We should make it clear for him that the only settellment we will accept it the handeling of our files fairly, according to the rules under which we applied, and in a reasonable time frame,,otherwise we will be wasting the fees we paied him.

If I was not wrong, I think the judge ruled that the files of those who joined the lawsuit before 15 June should be examined by the Canadian authorities and that the medicals should be sent by maximum 14th of October. Can we await a similar decission?

Dear Sir

were is the refrence for this news?
is there any refrences said that they want to clear who joined lowsuit before 14th October?
if like this we have a good chance if they consider as a class action

let hopes for best

 

[hopeful4]

This is the source of my info. But reading it again,,,I think I got mixed up ...There is clearly a difference between those whose files were closed and those who were not.

BACKLOGGERS LITIGATION


1. Litigants whose files were not closed.

DoJ and has come to terms and expect to sign the agreement on Monday. CIC agrees to:
a. send out requests for additional items and the medical forms within 21 days of the signing of the
settlement; i.e., by September 17th;
b. to finalize the applications within 180 days of having received the up-dated documents and other items;
c. to request only those forms which are actually required;
d to process the files expeditiously and
e. to issue the visas as soon as the file is ready for visa-issuance.

2. Litigants whose files s 87.4 has closed

Justice Barnes said that he has not read the motion seeking to enforce the Agreement and will not do so until after he returns to Ottawa on September 4th. Next week both parties will summarize the arguments given that only those whose files were closed are in need of the Court's intervention.

DoJ repeated -- and put in writing this past week -- that, if our motion is dismissed, it will permit our litigants' cases to join the 87.4 challenge. I will just have to file material making that request. So, even if we lose the motion, our case will continue to move forward.

3. Post-June 14th litigants

DoJ repeated the request that the Court rule on whether those who joined the litigation after June 14th are covered by the Agreement. Their position is that they are not. Justice Barnes said that he would rule on this issue when he decides the motion after September 4th. Thus, additional litigants may continue to join our group but, whether, if our motion prevails, they will be covered remains unknown. However, if they are not, their cases will become a part of the 87.4 litigation.

4. 87.4 Litigation

The organization of this litigation remains in disarray. Justice Barnes, however, clearly favours managed litigation (such as our litigation) over a class-action. Justice Barnes will check with the Court Administrator to see whether this issue may be argued when he is in Toronto the last three weeks of November. If so, it will be on one or more Fridays; i.e., no earlier than November 16th.

By August 31st, various counsel will be filing motions, asking the Court to prevent CIC from acting on 87.4. The key issue will be the scope of the injunction itself. Applicants' counsel argue that it should encompass all those whose files were closed, whereas DoJ argues that it should only include those who have joined the litigation.

In summation, we will not know where our litigation stands until mid-September. If we prevail, all will be fine for those who joined before June 14th. Whether it will be for those who joined afterwards will be decided at that time. Those whose files the Court does not order CIC to process immediately will become a part of the so-called class-action lawsuit. The shape of the 87.4 litigation will not likely be known until late November but the scope of the injunction, barring CIC from implementing 87.4, will likely be known in late September.

 

[Maniraha]

This is the source of my info. But reading it again,,,I think I got mixed up ...There is clearly a difference between those whose files were closed and those who were not.

BACKLOGGERS LITIGATION


1. Litigants whose files were not closed.

DoJ and has come to terms and expect to sign the agreement on Monday. CIC agrees to:
a. send out requests for additional items and the medical forms within 21 days of the signing of the
settlement; i.e., by September 17th;
b. to finalize the applications within 180 days of having received the up-dated documents and other items;
c. to request only those forms which are actually required;
d to process the files expeditiously and
e. to issue the visas as soon as the file is ready for visa-issuance.

2. Litigants whose files s 87.4 has closed

Justice Barnes said that he has not read the motion seeking to enforce the Agreement and will not do so until after he returns to Ottawa on September 4th. Next week both parties will summarize the arguments given that only those whose files were closed are in need of the Court's intervention.

DoJ repeated -- and put in writing this past week -- that, if our motion is dismissed, it will permit our litigants' cases to join the 87.4 challenge. I will just have to file material making that request. So, even if we lose the motion, our case will continue to move forward.

3. Post-June 14th litigants

DoJ repeated the request that the Court rule on whether those who joined the litigation after June 14th are covered by the Agreement. Their position is that they are not. Justice Barnes said that he would rule on this issue when he decides the motion after September 4th. Thus, additional litigants may continue to join our group but, whether, if our motion prevails, they will be covered remains unknown. However, if they are not, their cases will become a part of the 87.4 litigation.

4. 87.4 Litigation

The organization of this litigation remains in disarray. Justice Barnes, however, clearly favours managed litigation (such as our litigation) over a class-action. Justice Barnes will check with the Court Administrator to see whether this issue may be argued when he is in Toronto the last three weeks of November. If so, it will be on one or more Fridays; i.e., no earlier than November 16th.

By August 31st, various counsel will be filing motions, asking the Court to prevent CIC from acting on 87.4. The key issue will be the scope of the injunction itself. Applicants' counsel argue that it should encompass all those whose files were closed, whereas DoJ argues that it should only include those who have joined the litigation.

In summation, we will not know where our litigation stands until mid-September. If we prevail, all will be fine for those who joined before June 14th. Whether it will be for those who joined afterwards will be decided at that time. Those whose files the Court does not order CIC to process immediately will become a part of the so-called class-action lawsuit. The shape of the 87.4 litigation will not likely be known until late November but the scope of the injunction, barring CIC from implementing 87.4, will likely be known in late September.

Dear Frind

i think this is not appliceble for pre 2008 applicant
this is the agreement for feb 2008 till 2010 applicant
and thats true , Vo will finalize their application whit in this days
if you see Iranian froum all 2008 ( 38 filed )
get their MR and PPR very fast during this days
i think this is for those people not for us

 

[zolter]

Dear Kiwi,
I am a pre-2008 applicant and I have recently jointed the litigation through Bellissimo Law Group.

With the litigation in court, can i still apply as a FRESH FSWC after 1st-Jan-2013.

Thank you.

 

[annel]

someone asked what happened in court on the 10th of September, here's a copy of Mancilla's reply:

BACKLOGGERS LITIGATION UPDATE

CIC filed their arguments on Sep 10th. Their argument is, only litigants who joined on or before June 14th 2012, files can be and will be processed as per judgement by Justice Rennie.
Arguments on behalf of backloggers is that all litigants filed until the judgement is passed should and must be
processed within 180 days of receiving all relevant documents. This was filed yesterday.
The ball is now in Justice Barnes's Court. We await his decision, hopefully, by next week.

 

[kiwi1]

hi zolter

i don't see why you can't for as long as you are able to comply with the requirements.

before the freeze, anyone was able to submit multiple fsw applications...

in your case, if you decide to file a new application, it will be treated as such under the new criteria.

good luck....

Dear Kiwi,
I am a pre-2008 applicant and I have recently jointed the litigation through Bellissimo Law Group.

With the litigation in court, can i still apply as a FRESH FSWC after 1st-Jan-2013.

Thank you.

 

[hopefulever]

Has cic agreed to process 900+ pre june applicants irrespective to any condition? is it possible that our dream to settle in a beautiful land coming true?