Hello friends.
Updating the Tim´s information 04-02-2014
;D
Dear Litigant,
Attached is the letter from DoJ, advising that CIC has agreed to allow our cases to proceed. CIC will, however, continue to oppose our positions. It will be up to the presiding judge to rule on the issues.
We have two lead cases, addressing three issues:
1. Back, IMM-1-13:
a. never assessed pre-Bill C-50 applicants
b. who joined the litigation before the Liang decision (before 14 June 2013)
2. Gong: those who joined after 14 June 2013 and
a. were never assessed or
b. were assessed after 29 March 2012.
The target date for the hearing is May 28th. However, the Court will have to grant the hearing date. I will advise when we have a date. Both cases will be argued on the same day.
If you (a) joined the litigation group (by submitting a signed retainer agreement and making the first payment) and (b) received this email from me, you are in one sub-category or the other. There is no need to ask me if or in which. Both cases, as I said, will be argued the same day before the same judge.
As you can see, we may adduce additional information, and I may re-write our arguments within the time-frame DoJ has proposed (which is the standard procedure).
So, at long last we may be on our way for a decision!
Regards,
Tim
February 03, 2014
VIA FACSIMILE
Timothy E. Leahy
Bureau regional de l'Ontario
la tour Exchange
130 rue King ouest
Piece 3400, CF' 36
Toronto (Ontano)
M5X 1K6
Forefront Migration Limited
45 Sheppard East, Suite 900
Toronto, Ontario M2N 5W9
Dear Mr. Leahy,
Re: BACK v, Mel and GONG v. MCI
Court File No,: IMM-1-13 and IMM-6828-12
Tel.
Fex:
Email:
Our Filo:
Notre dossier:
Your File:
Vot", dossier:
(416) 952·2856
(4161954·8982
14-618085
P.002
IMM-1-13I1MM-6828-12
We have now received instructions regarding Back and Gong as the lead cases
concerning the validity of s, 87.4 of IRPA as it concerns: a) those cases under the
Protocol (Back) and b) those whose inclusion under the Protocol is disputed, as well as
the effect of reaching a selection decision after March 29, 2012 (Gong).
The Minister will not oppose leave in Back and Gong, on the understanding that they
will serve as lead cases to facilitate the final disposition of the matters currently joined
under the Emam proceedings, as identified in the lists previously provided by you. The
Minister does not accept that these matters raise an arguable issue and will therefore
file submissions opposing leave. Although, the Minister will not oppose leave in Back
and Gong, the authority remains with the Federal Court to determine whether leave is
granted for both lead cases.
The parties are now in a position to propose a plan for the Case Management Judge,
Justice Barnes, We propose the following plan and time line for your comment:
1, The Minister will file the Respondent's Record in Gong on or before February
21,2014 The Applicant may file his reply on the usual timelines,
Should the Court grant leave for both Back and Gong, the proposed dates are:
2. The hearing of these matters will occur together on or about May 28, 2014,
subject to the Court's availability,
3. The Court's order granting leave will be issued on or about February 28,
2014, a date 90 days prior to the hearing date in keeping with s. 74(b) of the
Immigration and Refugee Protection Act. Canada
FEB-03-2014 15:04
P.003
- 2 -4. The tribunal shall send copies of its record pertaining to the lead cases to the
parties on or before March 13, 2014.
5. The Applicants will serve and file further affidavits, if any, on or before March
27,2014.
6. The Respondent will serve and file further affidavits, if any, on or before April
10,2014.
7. Cross-examinations on affidavits will be completed on or before April 25,
2014. If a party wishes to cross-examine an affiant by way of written
interrogatories, a list of interrogatories will be served on the opposing party
and filed in Court on or before April 15, 2014 and the affiant's responses
served and filed on or before April 25, 2014.
8. The Applicants' further memorandum of argument, if any, will be served and
filed on or before May 12, 2014.
9. The Respondents' further memorandum of argument, if any, will be serviced
and filed on or before May 21,2014.
10. The lists of Applicants to be joined in these proceedings will be closed as of
the date ofthe hearing.
Please advise if you are agreeable to these dates outlined above and we can draft a
letter to the Federal Court. We look forward to your response.
Martin Anderson
Senior Counsel
Immigration Law Division
;D