Law Suits on CIC !

[the_lion]

All the lawyers are saying there could be a class action law suit. There was a potential breach in procedural fairness and right to information act.
it seems like u know law better than most of the lawyers themselves.

 

[mf4361]

bloody hell, do you really think they'd open themselves up to a lawsuit from thousands of people? its highly unlikely. yes the information could have been released sooner but they didn't break any law by not doing so, besides which, by applying for PR, you have to abide by their terms, and i'd bet good money on there being a clause somewhere that they can change things at their own discretion.

Government don't open up themselves to lawsuits, they do it because they think they can get away with it.

That's why separation of three powers are important to ensure government themselves are being monitored and correctable.

Btw, ones unsuccessful CEC application may mess up their Canadian employers and families. So this is not only interest of the immigrant and government.

 

[scylla]

All the lawyers are saying there could be a class action law suit. There was a potential breach in procedural fairness and right to information act.
it seems like u know law better than most of the lawyers themselves.

I'd recommend you read through the Federal Skilled Worker Class Action thread before you consider any lawsuits:

http://www.canadavisa.com/canada-immigration-discussion-board/federal-skilled-worker-class-action-lawsuit-t113853.0.html

These individuals waited through years of processing only to have their files canceled. Their class action failed (the only people who won were their lawyers). A CEC class action would similarly fail.

 

[marcus66502]

That's what lawyers do all day: sit around and TALK.

Why? Because talk is CHEAP. It's about the only thing lawyers can do.

Lots of lawyers talk of lawsuits but, as you all know, it's one thing to talk the talk and another thing to walk the walk.

For a law firm to actually start a law suit one thing must be true: they must have enormous financial reserves, because this kind of lawsuit is not one that's going to pay a lot. So any costs for it must come out of the lawyers' pockets. They won't be suing directly for actual damages because they can't clearly demonstrate any actual monetary damage suffered by anyone. People having personal plans that are ruined by EE does not come close to amounting to any actual damage.

So if there is any lawsuit, it'll be purely for the purposes of getting the government to change something in its policies. Lawyers know they won't be in this for the money (not directly anyway).

That aside, it's not clear what exactly the merits of any such lawsuit will be. The law is clear and it gives the Minister the authority to order draws at any time, or to issue instructions at any time, without advance notice. This has been the law since 2008. There is no legal obligation to "process" any particular class of applications -- only if the Minister decides to process them.

I find it hard to believe that people who consider themselves skilled enough for immigration are caught up in bulls.hit without understanding basic facts.

 

[pziegler1986]

bloody hell, do you really think they'd open themselves up to a lawsuit from thousands of people? its highly unlikely. yes the information could have been released sooner but they didn't break any law by not doing so, besides which, by applying for PR, you have to abide by their terms, and i'd bet good money on there being a clause somewhere that they can change things at their own discretion.

Where did I talk about lawsuits? Address my point - I said that the CIC "can't just do whatever the hell it likes" - it is answerable to the relevant Minister. A Senate Committee could grill the Immigration Minister as much as it wants - they are answerable to Parliament.