Da Silva Campos v. Canada (Citizenship and Immigration)

Da Silva Campos v. Canada (Citizenship and Immigration)

The Statement of Claim was struck in its entirety because it failed to plead material facts, was internally inconsistent and largely incomprehensible (including duplicate and inconsistently named plaintiffs), and asserted broad ultra vires and quota claims without identifying the policies or factual bases; however because some plaintiffs may have viable claims the court granted leave to file a Fresh Statement of Claim within 60 days and struck the separate challenge to s.49 of the Federal Courts Act.

Citation
2015 FC 884
Parties
Plaintiffs: Andre Da Silva Campos et al.; Defendants: Minister of Citizenship and Immigration; Minister of Employment and Social Development; Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 July 2015
Procedural Posture
Class Action (proposed) / Motion to Strike (order Striking Statement of Claim and Granting Leave to Amend)
Outcome
Statement of Claim struck in its entirety; plaintiffs granted leave to file a Fresh Statement of Claim within 60 days; costs in the cause.
Legal Topics
Labour Market Opinion/lmia, Temporary Foreign Worker Program, Provincial Nominee Program, Delay in Processing, Ultra Vires, Standing, Pleadings and Particulars, Motion to Strike
Source Language
English
Immigration Law Administrative Law Class Actions Tort Law Labour Market Opinion/lmia Temporary Foreign Worker Program Provincial Nominee Program Delay in Processing +4 more

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Parties

Andre Da Silva Campos et al.

Plaintiffs

Minister of Citizenship and Immigration; Minister of Employment and Social Development; Her Majesty the Queen

Defendants

Procedural Posture

Class Action (proposed) / Motion to Strike (order Striking Statement of Claim and Granting Leave to Amend)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether temporary foreign workers have standing to challenge LMOs/LMIAs issued to employers
  3. 3 Whether pleadings sufficiently plead material facts to support allegations of delay, ultra vires policies, quotas and discrimination

Ratio Decidendi

The Statement of Claim was struck in its entirety because it failed to plead material facts, was internally inconsistent and largely incomprehensible (including duplicate and inconsistently named plaintiffs), and asserted broad ultra vires and quota claims without identifying the policies or factual bases; however because some plaintiffs may have viable claims the court granted leave to file a Fresh Statement of Claim within 60 days and struck the separate challenge to s.49 of the Federal Courts Act.

Court Disposition

Statement of Claim struck in its entirety; plaintiffs granted leave to file a Fresh Statement of Claim within 60 days; costs in the cause.

Orders

  • Statement of Claim struck in its entirety
  • Plaintiffs granted leave to file a Fresh Statement of Claim within sixty (60) days that complies with the Reasons, failing which the action will be dismissed