加拿大华人论坛 加拿大留学移民关于大家关心的几个 问题，律师的邮件回复

在加拿大

Dear Mr. Timothy,At present, we figure out that there are around 40 applicants want to participate this action.Before we sue the CIC, could you please be kind let us know:1.How much for the amout of the fee? As we know that you advocate each applicant should pay 1500 CAD,but if more people join us, could you let us know an amout of fee? If we have an amout, it means more people, few average fee for each one.​Actually, it's an investment in coming to Canada. Only $550 needs to be paid initially, and the $1,000 balance is due only if CIC agrees, or the Court orders it, to assess and finalize your application within as specific time-frame (probably between 12 and 18 months). If that order comes, you will more than recover the cost of the litigation by the higher earnings you will have in Canada. Nevertheless, if at least 30 of you join the litigation within two weeks, I'll lower the final payment to $500 each. 2. Can we have an idea about the charge of the CIC? Most of us want to know what's the charge that we can sue the CIC. ​It will be different for each of you. I will be seeking "lost wages". Because each of you has identified your occupation(s) and, if you have a working spouse, your spouse's occupation, we know the occupation to check. For most of them, our department of labour has identified an "average wage", which we will use as the amount you would have earned in the province you identified as your destination. Next week look at what the Embassy or Consulate stated was your processing time in order to find when those payments should have started; or., if you applied after 27 February 2008, we use one year from when you applied. This formula will provide the amount we will be seeking. Needless to say, if we succeed on this level, your "investment" in Canada will repay you many, many times over. However, don't get your hopes up. This action is really used to pressure CIC to agree to settle the case. If the Federal Court refuses their motion to have the litigation dismissed, depending on how many litigants we have, CIC will be at risk of having to pay out hundreds of thousands, if not tens of millions, of dollars. Therefore, I would expect CIC to offer to assess your case if you agree to withdraw your action seeking damages. 3. How many percentage of the certainty that we can win this case?​If I did not believe that we'd prevail, I would not have spent the time I have trying to initiate this suit. The more who participate and the more visa posts involved, the better the chance of success. A better question to ask yourselves, however, is: "What is the chance your file will ever be assessed if we do not initiate this litigation?". It's the hottest issue in our group. I'm sorry I bother you again. Thank you very much indeed.​You're most welcome. At this point, the bulk of the interest has come from India, but I don't want the litigation to look like its only a problem for Indians. Therefore, I really want a large group of Chinese to be involved. So, I'm pleased that your group is seriously considering joining. Cordially,Tim

评论
回复: 关于大家关心的几个 问题，律师的邮件回复一个小建议：厘清begin to assess和finalize。如果把前者作为目的，我觉得意义不是很大，很可能会陷入另一个等待。

评论
回复: 关于大家关心的几个 问题，律师的邮件回复律师考虑问题的角度果真跟我们不一样。

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