[FONT=宋体]发件人：[/FONT]
[FONT=宋体]日 期：[/FONT]
[FONT=宋体]2011-8-26 18:47:01[/FONT]
[FONT=宋体]主 题：[/FONT]
[FONT=宋体]group action[/FONT]
[FONT=宋体]DearXXX,[/FONT]
[FONT=宋体]Thank you for your query. I'm delighted to hear that as many at 50 Chinese are interested in participating in the litigation. I really want Chinese in the litigation because Chinese have a good reputation in Canada. Thus, the Court should not be uncomfortable ordering CIC to process to completion Chinese applicants' files.[/FONT]
[FONT=宋体]首先感谢你的询问，我很兴奋地得知有五十个中国申请者想加入我们的诉讼。我真诚地欢迎中国申请者，因为在加拿大中国人有非常好的声誉 。这样，法院将不会感到不正常当他强制CIC完成中国文件的处理时[/FONT]
[FONT=宋体]As for the number, I want enough litigants that CIC and the Court have to take us seriously -- hence the reason I set the floor at 100. The more we have -- to a point -- the better because, when the Court rejects CIC's motion to dismiss the action for damages; viz., lost wages, the more litigants, the greater the exposure CIC will face. In other words, if CIC risks have to pay lost wages to 200 litigants, as opposed to just 50, the more concerned it will be and, thus, the more likely to settle.[/FONT]
[FONT=宋体]说到参与人数，我希望有足够的诉讼人以至CIC和法院对我们重视起来---因此我希望底线是100。有更多人参与---达到一定数量，当法院拒绝CIC的忽略损害赔偿诉讼时对我们更有利。换言之，如果CIC冒险给付200人赔偿，而不是50时，他会更多考虑和解[/FONT]
[FONT=宋体]At that juncture, I would expect CIC to offer to process the files in exchange for dropping the litigation and forgo any damage award. With 200 litigants, it would be no problem finalizing all of those files in short order, whereas if this were a class action, we would be talking about thousands of applicants, and their files could not be processed in a short time-period. Thus, there is also an upper limit.[/FONT]
[FONT=宋体]这点上，我期待CIC放弃损害赔偿而换作处理我们的移民文件。如果是面对200个诉讼人，短期内给这些移民文件定案将不成问题，否则若面对一个共同诉讼，我们会涉及到数千申请人，他们的文件不可能在短期内被处理。这样，一个诉讼人数的上限是必要的。[/FONT]
[FONT=宋体]As for preserving your privacy, I really do not think that you need to be too concerned about that issue. On the negative, each case will have the litigants name on it. However, because it will be in Roman letters, it would not be immediately obvious which XXX XXX was involved. Thus, even if the name is on record, because the address that will be used will be my address, I doubt that anyone would be able to put two and two together.[/FONT]
[FONT=宋体]就保守你们的隐私而言，我不认为你们需要担心这个问题。从消极的方面看，每个案子都会有诉讼人的名字。但是，因为是罗马字母的签名，不会使你的名字立即被识别。这样，当你的名字被记录，由于地址将留成我们的，我怀疑谁会将两者联系到一起[/FONT]
[FONT=宋体]More significantly, however, is the fact that, if previous experience holds true here, one file will be selected to the the "lead" file, and all decisions will be under that file. Therefore, if the matter does reach the press, it would be under that name. Finally, if CIC settles, which is what I expect, there would be no published record of the disposition of the cases. Therefore, the only way to know that anyone was involved would be the have a specific name in mind and then check the Federal Court Registry's data-base to see if such a file exits. I seriously doubt that anyone would do so.[/FONT]
[FONT=宋体]更重要的是，先前的经验也适用，一个文件选做”先导”文件，其它的决定会在那个文件之下进行。所以，真的到达了那一步，不会公布其它文件的记录。因此，唯一能够知道到底谁参与了需要彻查联邦法院的注册数据库。我真的怀疑有谁会那样做[/FONT]
[FONT=宋体]With respect to the time table, here is the answer I gave yesterday to a consultant who will be bringing Iranians into the litigation. I realize that it's not a set time-period but, because of the different directions litigation can go, it's not really possible to give a specific answer.[/FONT]
[FONT=宋体]至于时间表，昨天我给了一个代理伊朗诉讼的顾问。我明白由于诉讼方向未定不会有一个预设的时间，[/FONT]
[FONT=宋体]所以给不出一个详细的回答[/FONT]
[FONT=宋体]1. How long after the litigation commences may additional applicants join?[/FONT]
[FONT=宋体]1. It depends on where we are in the litigation. Initially, I will not file all 100 applications because[/FONT]
[FONT=宋体]a. I want to sneak some through before letting louse the deluge,[/FONT]
[FONT=宋体]b. I don't want it more balanced than being predominately Indian and[/FONT]
[FONT=宋体]c. I want avoid stimulating the judge's bias toward certain ethnic groups.[/FONT]
[FONT=宋体]Thus, you certainly would have until the deluge, which will be four to six weeks into the process.[/FONT]
[FONT=宋体]In addition, the action for damages will come in later, too. My target is to file them after I've perfected the applications and when the Department of Justice lawyer (DoJ) is poised to file its response, which would be about six weeks into the process.[/FONT]
[FONT=宋体]DoJ will have thirty days to respond to the statement-of-claim for damages, and I expect that its response will be a motion-to-dismiss. When the Court dismisses that motion, I would expect CIC to offer to settle. Once that effort commences, we may not be able to put in more clients, but we'll see.[/FONT]
[FONT=宋体]2. May those who applied between 27 February 2009 and 26 June 2010 also participate?[/FONT]
[FONT=宋体]2. Yes, definitely. The arguments will be different but we had three categories in the Dragan litigation. So, no reason not to do so here, as well. The Court will likely be less sympathetic for this group but our argument is stronger because CIC boasted one-year processing, and I have the press release to that effect.[/FONT]
[FONT=宋体]My biggest concern at this point is to have 100 litigants from various visa posts. If a few consultants come through with their pledges, we'll have that many Indians alone. That's why I'm trying to diversify the litigation group. I have one Brit who might join and two Aussies are considering doing so. I'm planning to make my initial litigant one of these folk in the hope that litigation will proceed under that person's name -- in part because I want it to be a name everyone can easily pronounce but, more importantly, because I want the Court to know that CIC's policy is also injuring our Trans-Atlantic cousins and slightly more distant cousins in Australia.[/FONT]
[FONT=宋体]我最大的担心是关于来自不同签证地的100位诉讼人。诚如一部分咨询顾问所提供的，我们有许多印度诉讼人。这是为什么我想改变诉讼人的成员。我有一位英国客户和两个澳洲客户要加入。我计划诉讼按照诉讼人的起首字母进行，这样每个人都可以简单地读出来，更重要的是，我想让法院认识到，CIC的政策也伤害了来自大西洋彼岸的兄弟和遥远的澳洲兄弟[/FONT]
[FONT=宋体]As for what I will be needing from the participants, here is what I told another consultant:[/FONT]
[FONT=宋体]所以我需要参加者提供下述诚如我告诉另一个顾问那样：[/FONT]
One of the elements of the affidavit will be inclusion of a response from the visa post regarding processing of the client's file. A general response should suffice. I have them already for London, Delhi, Manila and Sydney but need them for other visa posts. Therefore, if your clients' files are in other visa posts, I would appreciate your sending an email to any visa posts besides those for which I have the response along the following lines:
Mr. Client has asked me when he should expect his application, B0XXX XXX, filed [date], to be assessed. Would you kindly tell me what to tell our mutual client?
Thank you,
Because we have two categories of litigants; viz., those who applied before 27 February 2008 and those who applied afterwards but before 26 June 2010, it might be nice to have a response for both categories. However, for sure we need it for the pre-Bill C-50 clients.
_______________
As you will have seen from the draft retainer agreements, I will need to know for them:
1. their legal name (same as CIC is using),
2. their file number,
3. visa-post,
4. telephone number and email address and
5. place where the retainer is signed.
From that information, I will prepare the retainer agreement and send it to whomever you select to co-ordinate signing of the retainer. I really do not require a witness but include the section so that the spouse may sign.
_______________
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.
[FONT=宋体]So, nearly all the information I will require is easily obtained. From that information I will create an affidavit for each applicant to sign before a notary public. The logistics of doing so would be the hardest task. However, if we have enough Chinese applicants residing in close proximity, I could also come to China to have you sign the affidavit in front of me because, under Federal Court procedure , I may notarize documents anywhere in the world.[/FONT]
[FONT=宋体]请看我需要的信息是很容易得到的。依据上述信息我请每一个申请者在一个公证人面前签署一份声明书。要是中国申请人住的不太远我可以来中国让你们签署，这是因为依据联邦程序，我可以在世界各地确认文件。[/FONT]
[FONT=宋体]If you have any additional questions, please let me know. Again, thank you for the query. I look forward to having a large contingent of Chinese in the litigation.[/FONT]
[FONT=宋体]有任何其它问题请让我知道。再次感谢你的咨询。我期待会有许多中国人参与这个诉讼[/FONT]
[FONT=宋体]Regards,[/FONT]
[FONT=宋体]Tim[/FONT]
[FONT=宋体]---------- Forwarded message ----------[/FONT]
[FONT=宋体]From: <beifeng19950918@sina.com>[/FONT]
[FONT=宋体]From: <beifeng19950918@sina.com>[/FONT]
[FONT=宋体]Date: Thu, Aug 25, 2011 at 8:48 PM[/FONT]
[FONT=宋体]Subject: an applicant from mainland china[/FONT]
[FONT=宋体]To: TELeahy@gmail.com[/FONT]
[FONT=宋体]Subject: an applicant from mainland china[/FONT]
[FONT=宋体]To: TELeahy@gmail.com[/FONT]
[FONT=宋体]Dear Sir:[/FONT]
[FONT=宋体]I am writing to you since I get your letter “Action Overview” from a friend online. I have been waiting further requirements after I applied immigration to Canada in November, 2006. As you may be aware that I haven’t received any response since then, which is common for other thousands of Chinese candidates. Now we are planning to organize candidates through Internet to take some actions and there have been more than 50 applicant who are considering to join in.[/FONT]
[FONT=宋体]If possible, we are expecting more information from you.[/FONT]
[FONT=宋体]The first thing is about the timetable. We get together through internet so we need some time to be organized. We will appreciate if you give us a clear deadline for this litigation. In such case we can go for it on time.[/FONT]
[FONT=宋体]Secondly if we begin the litigation what information you will need from us. Please understand that as a group of candidates from mainland China most of us would not like to open our immigration plan. From your point view do you think we can make it secure?[/FONT]
[FONT=宋体]Then I am interested if you have a limitation of participant number for the litigation in your mind? I suppose it may have some certain connection with the cost. So I wonder if it will be different when we have a number over 100, 200 or more.[/FONT]
[FONT=宋体]I will expect we will cooperate smoothly.[/FONT]
[FONT=宋体]It will be highly appreciated if you can reply me as soon as possible.[/FONT]
[FONT=宋体]If possible, we are expecting more information from you.[/FONT]
[FONT=宋体]The first thing is about the timetable. We get together through internet so we need some time to be organized. We will appreciate if you give us a clear deadline for this litigation. In such case we can go for it on time.[/FONT]
[FONT=宋体]Secondly if we begin the litigation what information you will need from us. Please understand that as a group of candidates from mainland China most of us would not like to open our immigration plan. From your point view do you think we can make it secure?[/FONT]
[FONT=宋体]Then I am interested if you have a limitation of participant number for the litigation in your mind? I suppose it may have some certain connection with the cost. So I wonder if it will be different when we have a number over 100, 200 or more.[/FONT]
[FONT=宋体]I will expect we will cooperate smoothly.[/FONT]
[FONT=宋体]It will be highly appreciated if you can reply me as soon as possible.[/FONT]
[FONT=宋体]Yours sincerity[/FONT]
[FONT=宋体]XXX XXX[/FONT]
最后编辑: 2012-05-11
