Rasolzadeh v. Canada

Rasolzadeh v. Canada

The Court certified the action and approved the settlement because the Rule 299.18 certification criteria were satisfied, the settlement provided substantive relief addressing the core grievances (timelines and reopening of files), and approval was in the interests of fairness, efficiency and public interest; consequently the consolidated proceedings were dismissed without costs and the settlement and releases (subject to opt-outs) were entered as the Court's judgment.

Citation
2005 FC 919
Parties
Representative Plaintiff: Mohsen Rasolzadeh; Defendants: Her Majesty the Queen in Right of Canada and the Minister of Citizenship and Immigration
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 April 2005
Procedural Posture
Class Action (judicial Review Proceedings Converted to an Action) / Final Approval of Settlement and Dismissal (consent Order and Judgment)
Outcome
Settlement approved; consolidated class action dismissed without costs; judgment entered implementing settlement terms.
Legal Topics
Settlement Approval, Certification Under Rule 299.18, Interim Injunction and Notice, Retroactivity of Transitional Regulations, Opt Out Mechanism, Backlog Processing and Timelines
Source Language
English
Immigration Law Administrative Law Class Actions Civil Procedure Settlement Approval Certification Under Rule 299.18 Interim Injunction and Notice Retroactivity of Transitional Regulations +2 more

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Parties

Mohsen Rasolzadeh

Representative Plaintiff

Her Majesty the Queen in Right of Canada and the Minister of Citizenship and Immigration

Defendants

Procedural Posture

Class Action (judicial Review Proceedings Converted to an Action) / Final Approval of Settlement and Dismissal (consent Order and Judgment)

Legal Issues

  1. 1 Whether multiple judicial review proceedings could be consolidated and proceeded with as a class action
  2. 2 Whether the certification criteria in Rule 299.18 were met
  3. 3 Whether the proposed settlement was fair, reasonable and should be finally approved

Ratio Decidendi

The Court certified the action and approved the settlement because the Rule 299.18 certification criteria were satisfied, the settlement provided substantive relief addressing the core grievances (timelines and reopening of files), and approval was in the interests of fairness, efficiency and public interest; consequently the consolidated proceedings were dismissed without costs and the settlement and releases (subject to opt-outs) were entered as the Court's judgment.

Court Disposition

Settlement approved; consolidated class action dismissed without costs; judgment entered implementing settlement terms.

Orders

  • Full and final resolution and release of all claims that have been or could have been raised by Class Members under the Settlement Agreement, other than those who opted-out
  • Full and final release by all Class Members, other than opt-outs, of the Minister of Citizenship and Immigration and his past, present and future servants, agents and officers from liability relating to processing of immigrant visa applications