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Pre 2008 Backloggers' Litigation against CIC |
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krisp 
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Joined: 30 Nov 2009 Location: BKK Status: Offline Points: 1364 |
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 Topic: Pre 2008 Backloggers' Litigation against CICPosted: 15 Aug 2011 at 9:20am |
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Dear pre 2008 Backlog applicant friends ,
We have separate threads from 2003 upto Feb 2008 but all of us have now decided to unite and fight collectively against CIC's foul treatment towards us. So in addition to being members of our respective threads , let's share and work together as to how to move hereon . I have had a few correspondences with Mr Tim Leahy , our lawyer who has so generously decided to take our case up against CIC's mistreatment. I believe Mr. Leahy's decision to take the case is guided solely by his interest to fight against the injustice meted out on we backloggers who have been so badly victimized my CIC's mistreatment. The litigation will need money and the amount Mr Leahy has proposed isn't big any way . But most of us are from the developing or under-developed parts of the world and therefore any additional amount apart from the application and other fees we have paid during our filing of application still looks big and unnecessarily imposed on us. But this isn't what we chose to please ourselves. We have been imposed with this situation and we have to fight it out. I personally find Tim's offer most reasonable and earnestly suited to our cause. I am sharing with you , some of my correspondences with Mr. Leahy. Please , don't accuse me of being an agent and if you have any doubts or clarifications to seek , contact yourself to Mr . Leahy at : [email protected]
Edited by krisp - 15 Aug 2011 at 9:20am |
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krisp
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Posted: 15 Aug 2011 at 9:26am |
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I sent an email to Mr. Leahy with a few questions and I got the following response from him. I find it worth sharing with our friends. Let's try to make as many friends as possible , please:
I wrote: Dear sir, I am requesting and trying on behalf of a few friends through an immigration forum together to this cause. There have been scattered interest and due to many people's immigration procedure and experience being such nightmarish and already costing so much money and time , there is doubt in mind. We are trying to bring them in. Till now , We have a group of 10 friends and the number is sure to increase. But , will you still take up the case and help us after seeing people in disinterest ? Please, tell us: 1) How much each will pay in the beginning and eventually in total?. 2) How each can send their payment. 3) Till which deadline we have to pay and be ready 4) Since people are scattered ,far and away and can only be contacted online , how each of them can send their payment individually along with necessary docs ? 5) Any other point Looking forward to hearing from you. Sincerely Krisp And the reply I got is as follows ( Read and get informed) : Dear Krisp,
Thank you for your efforts. I fully understand how dispirited so many are. I share that feeling. In fact, an acquaintance of mine wrote yesterday, asking to be my agent in Vietnam and saying that he has four offices. My reply will be: don't enter the field; you're only going to be disappointed. So, yes, I understand their feeling. As for continuing on the case after the litigation is completed, we will have to discuss that matter at the time. Ordinarily, once the Court has spoken, CIC asks fairly quickly and, thus, there may be no need of my services. The fee I am charge is only for the litigation -- and is far, far less than I ordinarily charge because (a) I want to put a stop to this disgraceful conduct and (b) it will only be successful if we have enough people knocking on the Court's door. Therefore, the amount I'm charging is only for the litigation. My answers to the other questions follow the questions.
The amount is shown on the attachment. In addition to paying $550 initially, you will have to have your affidavit notarised, and I do not know how much the person whom you select for that service will charge. If the the end result is a time-frame for processing your file, the balance will be $1,000. There is also, however, the possibility that CIC will have to pay you a lump sum for damages. If so, it will exceed what you're paying me. However, it is more likely that CIC will agree to process your file if you forgo the damage award. Thus, you really shouldn't be counting on receiving it -- it's more a tactic to bring CIC to the table to negotiate.
If you're a group, I would suggest that one person collect the fees and send it all together. That way you reduce the transfer fee. It would probably be cheaper to send it by Western Union, as opposed to wiring the money between bank accounts. Alternatively, if any of you has a friend/relative in Canada, s/he may deposit the funds into my bank account. (Because our banks are national, the deposit may be made to any branch anywhere in Canada.)
If I do not have at least 100 people up front, I will not be proceeding. At this point, three consultants have promised 75 clients and about 35 have contacted me directly. Thus, it's possible that you won't be needed initially. However, if I don't reach the 100 threshold -- and I really want 200 -- there won't be any litigation. Once launched, it will proceed in three stages. Initially, I will file 100+ applications, stating that we have not received "written reasons" why the file has not been assessed. Doing so will delay my having make written submissions until 30 days after we receive a reply. In the meantime, we will be working on the affidavits for that court case. From that information, I will have what is required to launch the second lawsuit, which may be two to three weeks later. Within thirty days of my having done so, CIC will probably file a motion asking the court to dismiss the action. If the Court refuses to do so, CIC will want to settle provided there are enough applicants demanding enough money to cause concern. At that juncture, I will tell CIC to settle or I will publicise the matter, bringing in even more litigants. On the other hand, if they agree to settle, only those involved initially will be a part of the settlement. Thus, the answer to your question depends on variable outside my control. If we don't have at least 100 litigants, there won't be an opportunity to join late. If I do, you'll have about another month to do so more or less for sure. Once the Court has ruled on the damages action, I will either publicise the matter with the expectation of many more people clambering to join or it will be quietly settled.
I won't really be need a lot of documents but, rather, information from which I will prepare the affidavit. Although I would like to have the original affidavit, we can start with just a scanned copy. The original can be sent by mail but I would prefer by courier. Litigants will come in two types: those dealing directly with me or those coming through a consultant. For those in the second group, it will be the consultant who will have to send everything. If you live near the office of one of these consultants, I will see if they will include your affidavits with their own clients'.
Only that we can start with the retainer agreement and you can begin to gather the required information for the affidavits so that, if I reach the 100 threshold, you'll be a step ahead. I will not, however, collect any payments until I have 100 commitments. The initial payment will be $200 with the balance of $350 to be paid before I lodge the application. (However, you may send the entire amount initially if it makes more sense financially for you.) Regards, Tim Edited by krisp - 15 Aug 2011 at 9:31am |
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krisp
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Joined: 30 Nov 2009 Location: BKK Status: Offline Points: 1364 |
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Posted: 15 Aug 2011 at 9:55am |
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Till now , we have the list of following interested friends:
1) spaciba 2) am_june 2006 3) Gabber2 4) Chandigarh -toronto ( 2004 ) 5) krisp 6) rarh007 7) a_mitgrover 8) Sabkuchhtera ( Nirmal) ( 20040 |
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BitterTruth
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Posted: 15 Aug 2011 at 11:22am |
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Keshab
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Posted: 15 Aug 2011 at 12:37pm |
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Nice move Krisp !
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krisp
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Posted: 16 Aug 2011 at 9:55am |
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There are two more friends in our league against CIC's deliberate mistreatment . We would like to request our other friends to join hands . There is separate thread created with the name pre 2008 Backloggers' litigation against CIC. Please read the details there .
Interested friends : 1) spaciba 2) am_june 2006 3) Gabber2 4) Chandigarh -toronto 5) krisp 6) Gabber2 7) rarh007 8) a_mitgrover 9) Sabkuchhtera ( Nirmal) 10)PANDHER-June,4 Applic. 11)Reeshu-Dec03 Applic. Mr Tim Leahy will keep us informed and we will have to act accordingly. Edited by krisp - 16 Aug 2011 at 9:55am |
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krisp
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Posted: 17 Aug 2011 at 5:07am |
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Friends,
Filing a litigation isn't our choice but something imposed on us. Those who think it won't help are either scared of coughing up some more money or have some inherent frightening reason within them. Now , Mr. Tim is there to take up our case and he is doing it not for money but for a purpose . That purpose is guided solely by the intention to fight against the injustice thrust on us so unjustly by CIC. Mr. Tim's fees are small and they are just for him to meet the cost of the work , no benefit for himself. His letter has stated this motive clearly and anybody can see or criticize if one sees any discrepancy. Look at our situation . Somebody worthy and capable is standing to fight for us and some within ourselves are spreading bad rumors about it saying 'it won't solve' . The prospect is that , if CIC senses that despite so much of mistreatment , the pre 2008 backloggers aren't interested to rally around a leader who is prepared to fight for them, they will think we aren't interested in our case anymore.This sort of reluctant attitude will make them think even if they scrap our cases off we won't go to protest . We will be termed as a resigned lot . So its time we raise our voice and take part in our fight against injustice meted out on us. Going to litigation means 'against any possible scrapping off or infinite delay in processing' and all those who take part will benefit with the court's decision. God awards them better, who serve themselves. Edited by krisp - 17 Aug 2011 at 5:07am |
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krisp
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Posted: 19 Aug 2011 at 5:30am |
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A few of our forum members are questioning this or that and I a have my reasons to be different.
Nowhere do I mention that Somebody is fighting our case for charitable reasons. If you assume so , Its nobody's problem but yours. In order to fight a case that concerns hundreds of thousands of people , a minimum significant number is expected by any lawyer, here Tim. Besides, participation of affected people in a significant number will definitely bring positive impact onto the case making it matter of greater scrutiny from public, press and politicians , if not the judiciary .Yes, I agree that the number of applicants going for litigation against will not be the factor for the judgement , positive or negative. It's again your invention , nobody has claimed it being so . But one must understand it will help bring our cause to a brighter perspective. And nobody mentions it that we definitely will win . If we think we have been victimized and wrongly treated by CHC against their own stipulated laws and rules and they continue to remain indifferent to our plight , we have the right to question them and with the price we are prepared to pay. If someone thinks that by fighting , he/she won't have a positive result , his/her case already tames a wretched death and there is no reason to fight it at all. And , Tim or any lawyer will have to prepare hundred of pages of documentation , hire people to work for this and he will have to set his time and resources aside to do all this , this doesn't come freely. He needs money for this . If he takes fees on top of that , that maybe bare minimum as compared to similar professional cases. One shouldn't be cynical in his approach of understanding . I am not expecting anybody will do a thing of this propensity freely for me , but what I will consider the most is how reasonable they seem. Besides , this type of cases are taken up by renowned lawyers for the sake of 'cause' rather than motivated by financial gain alone . That is what I mean to say . My advice, pay and get service in return but consider beforehand ! However, the choice is of the individual .
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krisp
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Posted: 21 Aug 2011 at 12:30am |
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To all the friends who are prepared to go for a lawsuit against CIC's mistreatment , the following is the latest email I have received ( Many of you who are in contact with him, must also have received the same in you email inboxes) . This is for those interested people who haven't been touch with him as yet but are interested in the development. Please read everything: [ Quote] Good day, Based upon the number of litigants some consultants have stated are interested, we have reached the 100-litigant threshold, but, because talk is cheap, before proceeding, I would like to have 100 retainer agreements. However, I will not ask for the first payment until I have 100 signed retainers. Therefore, if you are interested in proceeding, please let me know, okay? I've attached the summary I prepared based upon the alleged processing time on CIC's website. These figures, however, are (a) not necessarily correct and (b) at variance from what some visa-posts are stating. For example, according to the Website, in April, Manila was finalizing cases lodged in January 2005. However, in an email pertaining to three files lodged in November and December 2004, the Embassy stated in May that it had not sought up-dated forms, etc. because it halted assessing pre-27 February 2008 cases with the November 2004 files. It has yet to request those up-dates but, according to the CIC's website, in June, it was finalizing cases received in March 2005. Thus, CIC's claim may be false but, in any event, it surely is not underestimating processing times. So, please check your visa-post and decide whether you want to ask the Federal Court to require CIC to process your application and to pay damages for not having done so or whether you would prefer to do nothing. If you want to proceed, the first step would be to sign a retainer agreement; vide attachment. If you will provide me with the missing information, I will prepare and remit your retainer agreement. Again, until we have 100 litigants, I will not request submission of the initial $200/- (out of $550) fee. The information I will need is: 1. your legal name (same as CIC is using), 2. the file number (B04XX XXXXX), 3. visa-post while file is being warehoused, 4. your telephone number and email address and5. place where you will sign the retainer agreement. After the file is lodged, I will need an affidavit from you. (In Federal Court applications, there are no witnesses unlike in the types of trials you have seen in movies; rather, it will be the lawyers arguing the issues and basing their facts on the contents of the affidavits.) For the affidavits, which we need not file until thirty days after lodging the application but which information is required before I can file the action seeking damages, I will need to know: 6. applicant's city/state/country of residence; 7. date visa-post received file (see receipt); 8. date AoR estimated processing would commence or end; 9. NOC for intended occupation(s) of applicant (Schedule 3) and spouse (Schedule 1), 10. province identified on IMM8 as destination; 11. visa-post's response to request for assessment and 12. anything else which might be useful to know. If you have any questions, please let me know. Regards, Tim |
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krisp
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Posted: 21 Aug 2011 at 10:05am |
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This is the copy of retainer's agreement , applicants with a desire to file a lawsuit against CIC will have to sign and send it to TIM at [email protected] ( please ask for a copy from him or I also can provide. please contact me at [email protected] if you need so . But it is better to contact him directly.
FOREFRONT MIGRATION Ltd. 45 Sheppard Avenue East ◦ Suite 900 ◦ Toronto, Ontario ◦ Canada M2N 5W9 Tel: +1 416 226 9889 ◦ Fax: +1 416 226 2882 ◦ Email: [email protected] www.ForefrontMigration.ca RETAINER AGREEMENT 1. I, [client's legal name], retain Forefront Migration Ltd. through its General Counsel, Timothy E. Leahy, to represent me in pursuing my immigrant-visa application; viz., [file number], lodged in Delhi; and authorize Mr. Leahy to negotiate and settle this matter as he sees fit and to delegate to any associate, employee or agent responsibility for dealing with any aspect of this matter. 2. I will provide accurate facts for inclusion in any affidavit; sign the affidavit, based on those facts, before a notary and I will provide it to Mr. Leahy in a timely manner. 3. I shall not hold Forefront Migration Ltd., nor anyone associated with it, liable for any adverse changes Canadian officials institute after the date hereof. 4. Forefront Migration Ltd. will retain a lawyer who will: a. lodge (i) an application seeking an order to have the file(s) assessed within a specified period and (ii) an action for damages; viz., lost wages; b. prepare all written submissions to the Federal Court of Canada; c. handle any and all negotiations with the Department of Justice; d. appear in the Federal Court should a hearing occur; e. keep me abreast of developments and f. provide me with a copy of the disposition of this litigation. 5. Assuming at least one hundred (100) litigants, the agreed fee for the services delineated in ¶4 is: a. $ 250 due immediately for pre-litigation advice; b. $ 300 due upon lodging the application; c. $1,000 due upon notice that the application will be assessed within a specified period and d. one-third of the amount awarded as damages. 6. This agreement is limited to litigating the issues at the court of first instance. Dated and signed in [city, state, country], this _________ day of August, 2011. Witness: ________________________ Principal: _______________________ Name: ________________________ Name: _______________________ Telephone: _______________________ Email: ___________________ Edited by krisp - 21 Aug 2011 at 10:07am |
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