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Judicial Review

Ttalabi

Full Member
Dec 22, 2021
22
0
Hello ,

I applied for judicial review myself because my previous lawyer messed up my application she just brought in settlement only to get another refusal . I was meant to get a scheduled court hearing only for the Judge to dismiss base on notice of discontinuance filled by previous lawyer. mindful i provided all evidence and respondent did not provide evidence only stating discontinuance had been previously filed.. what can be done?
 

Samantha Johnson

Full Member
Jun 15, 2024
27
5
Canada
Category........
Other
Visa Office......
Otowa
1. Contact the Court: Reach out to the court where your judicial review application was filed. Explain the situation with your previous lawyer and that the notice of discontinuance was filed without your knowledge or consent. Request a hearing to address this.

2. File a Motion to Set Aside the Discontinuance: You can file a motion with the court to set aside or cancel the notice of discontinuance that was filed. Provide evidence that it was done without your approval.

3. Seek Legal Representation: Consider retaining a new lawyer who specializes in immigration and administrative law. They can review your case, advise on the best course of action, and represent you in court.

4. Request an Extension: If the 30-day time limit to apply for judicial review has passed, you can request an extension of time from the court. Explain the circumstances with your previous lawyer.

5. File a Complaint Against Your Previous Lawyer: You may be able to file a complaint with the provincial law society against your previous lawyer for their actions. This could help address any professional misconduct.

6. Consider Mediation or Settlement: The court may order the parties to attend mediation to try and resolve the issue out of court. This could be an option worth exploring.

The key is to act quickly, gather any relevant evidence, and communicate directly with the court to explain the situation and request the appropriate remedies.
 

iSaidGoodDay

VIP Member
Feb 3, 2023
4,402
2,366
Kaneda
1. Contact the Court: Reach out to the court where your judicial review application was filed. Explain the situation with your previous lawyer and that the notice of discontinuance was filed without your knowledge or consent. Request a hearing to address this.

2. File a Motion to Set Aside the Discontinuance: You can file a motion with the court to set aside or cancel the notice of discontinuance that was filed. Provide evidence that it was done without your approval.

3. Seek Legal Representation: Consider retaining a new lawyer who specializes in immigration and administrative law. They can review your case, advise on the best course of action, and represent you in court.

4. Request an Extension: If the 30-day time limit to apply for judicial review has passed, you can request an extension of time from the court. Explain the circumstances with your previous lawyer.

5. File a Complaint Against Your Previous Lawyer: You may be able to file a complaint with the provincial law society against your previous lawyer for their actions. This could help address any professional misconduct.

6. Consider Mediation or Settlement: The court may order the parties to attend mediation to try and resolve the issue out of court. This could be an option worth exploring.

The key is to act quickly, gather any relevant evidence, and communicate directly with the court to explain the situation and request the appropriate remedies.
ChatGPT spammer!
 

Ttalabi

Full Member
Dec 22, 2021
22
0
1. Contact the Court: Reach out to the court where your judicial review application was filed. Explain the situation with your previous lawyer and that the notice of discontinuance was filed without your knowledge or consent. Request a hearing to address this.

2. File a Motion to Set Aside the Discontinuance: You can file a motion with the court to set aside or cancel the notice of discontinuance that was filed. Provide evidence that it was done without your approval.

3. Seek Legal Representation: Consider retaining a new lawyer who specializes in immigration and administrative law. They can review your case, advise on the best course of action, and represent you in court.

4. Request an Extension: If the 30-day time limit to apply for judicial review has passed, you can request an extension of time from the court. Explain the circumstances with your previous lawyer.

5. File a Complaint Against Your Previous Lawyer: You may be able to file a complaint with the provincial law society against your previous lawyer for their actions. This could help address any professional misconduct.

6. Consider Mediation or Settlement: The court may order the parties to attend mediation to try and resolve the issue out of court. This could be an option worth exploring.

The key is to act quickly, gather any relevant evidence, and communicate directly with the court to explain the situation and request the appropriate remedies.
 

Ttalabi

Full Member
Dec 22, 2021
22
0
Thanks, I did contact the office but they said once my file is closed nothing can happens…The only way is to reopen a new application and get a letter from previous lawyers stating their fault and misunderstanding..