Chen v. Canada (Minister of Citizenship and Immigration)

Chen v. Canada (Minister of Citizenship and Immigration)

The Court held that on the face of the Consolidated Statement of Claim many allegations lacked necessary particulars and that the Defendants were entitled to particulars for specified paragraphs; the Plaintiffs must provide the balance of particulars requested within an agreed or court‑fixed deadline; certain requested particulars were unnecessary and excused; the Defendants are dispensed from serving and filing a statement of defence pending further order; costs in the cause.

Citation
2006 FC 389
Parties
Plaintiff: CHEN, Tsai-Cheng; Plaintiff: PENG, Sheng-Chien; Plaintiff: WU, Chin-Chung; Plaintiff: LIN, Chin Yuan; Plaintiff: KUO, Nai Wei; Plaintiff: WANG, Hsiu Shan; Plaintiff: HSIEH, Tze-En; Plaintiff: HUNG, Mei Ying; Plaintiff: KO, Ching Yi; Plaintiff: KO, Yu Fan; Plaintiff: KO, Yu Chu; Plaintiff: HSU, Tase Yen; Plaintiff: CHANG, Lien Fang; Plaintiff: CHEN, Yuan Hsing; Plaintiff: LIN, Cheng-I; Plaintiff: CHEN, Ping-Hung; Plaintiff: HSIEH, Tsung-Jen; Plaintiff: CHEN, Yueh-Yin; Plaintiff: FANG CHANG, Shu-Min; Plaintiff: PUI, Kwan Kay; Plaintiff: LAI, Yung-Liang; Plaintiff: CHANG, Ting Hui; Plaintiff: CHANG, Fang Ming; Plaintiff: LEI, Manuel Joao; Plaintiff: LIN, Yung Nien; Plaintiff: HUANG HSU, Li-Mei; Plaintiff: FANG, Ming-Tau; Plaintiff: LIU, Kun Yung; Plaintiff: CHEN, Kun-Wen; Plaintiff: TSENG, Hung Yu; Plaintiff: CHANG, Mao; Plaintiff: MENG, Lin Yu; Plaintiff: TAI, Yu-Hu; Plaintiff: YANG, Cheng-Kang; Plaintiff: CHEN, Wen Shing; Plaintiff: YU, Chung-Wen; Plaintiff: YU, Wei-Chung; Plaintiff: LIN, Shih Chun; Plaintiff: CHANG, Lei-Fa; Plaintiff: CHAO, Lin Shu; Plaintiff: HSU, Pao Hua; Defendant: HER MAJESTY THE QUEEN; Defendant: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Court
Federal Court
Jurisdiction
Canada
Judgment Date
27 March 2006
Procedural Posture
Consolidated Actions Converted From Judicial Review Under Federal Courts Act / Motion for Particulars and Extension of Time to Serve and File Statement of Defence (decision on March 27, 2006)
Outcome
Motion for particulars granted in part and denied in part; plaintiffs ordered to provide specified particulars; defendants dispensed from serving/filing statement of defence pending further order; costs in the cause.
Legal Topics
Permanent Resident Card Processing Delay, Particulars and Pleading Sufficiency, Charter Ss.7, 8, 15 Challenges, Public Misfeasance and Abuse of Authority, Misrepresentation and Negligence Pleading, Consolidation and Conversion of Judicial Review to Action
Source Language
English
Immigration Law Administrative Law Constitutional Law Civil Procedure Tort Law Permanent Resident Card Processing Delay Particulars and Pleading Sufficiency Charter Ss.7,8,15 Challenges +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

CHEN, Tsai-Cheng

Plaintiff

PENG, Sheng-Chien

Plaintiff

WU, Chin-Chung

Plaintiff

LIN, Chin Yuan

Plaintiff

KUO, Nai Wei

Plaintiff

WANG, Hsiu Shan

Plaintiff

HSIEH, Tze-En

Plaintiff

HUNG, Mei Ying

Plaintiff

KO, Ching Yi

Plaintiff

KO, Yu Fan

Plaintiff

KO, Yu Chu

Plaintiff

HSU, Tase Yen

Plaintiff

CHANG, Lien Fang

Plaintiff

CHEN, Yuan Hsing

Plaintiff

LIN, Cheng-I

Plaintiff

CHEN, Ping-Hung

Plaintiff

HSIEH, Tsung-Jen

Plaintiff

CHEN, Yueh-Yin

Plaintiff

FANG CHANG, Shu-Min

Plaintiff

PUI, Kwan Kay

Plaintiff

LAI, Yung-Liang

Plaintiff

CHANG, Ting Hui

Plaintiff

CHANG, Fang Ming

Plaintiff

LEI, Manuel Joao

Plaintiff

LIN, Yung Nien

Plaintiff

HUANG HSU, Li-Mei

Plaintiff

FANG, Ming-Tau

Plaintiff

LIU, Kun Yung

Plaintiff

CHEN, Kun-Wen

Plaintiff

TSENG, Hung Yu

Plaintiff

CHANG, Mao

Plaintiff

MENG, Lin Yu

Plaintiff

TAI, Yu-Hu

Plaintiff

YANG, Cheng-Kang

Plaintiff

CHEN, Wen Shing

Plaintiff

YU, Chung-Wen

Plaintiff

YU, Wei-Chung

Plaintiff

LIN, Shih Chun

Plaintiff

CHANG, Lei-Fa

Plaintiff

CHAO, Lin Shu

Plaintiff

HSU, Pao Hua

Plaintiff

HER MAJESTY THE QUEEN

Defendant

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Defendant

Procedural Posture

Consolidated Actions Converted From Judicial Review Under Federal Courts Act / Motion for Particulars and Extension of Time to Serve and File Statement of Defence (decision on March 27, 2006)

Legal Issues

  1. 1 Whether the Plaintiffs' consolidated statement of claim is sufficiently particularized
  2. 2 Whether the Defendants are entitled to particulars to know the case to be met
  3. 3 What particulars are required for alleged causes of action including misfeasance, misrepresentation, negligence and Charter breaches

Ratio Decidendi

The Court held that on the face of the Consolidated Statement of Claim many allegations lacked necessary particulars and that the Defendants were entitled to particulars for specified paragraphs; the Plaintiffs must provide the balance of particulars requested within an agreed or court‑fixed deadline; certain requested particulars were unnecessary and excused; the Defendants are dispensed from serving and filing a statement of defence pending further order; costs in the cause.

Court Disposition

Motion for particulars granted in part and denied in part; plaintiffs ordered to provide specified particulars; defendants dispensed from serving/filing statement of defence pending further order; costs in the cause.

Orders

  • Particulars listed in the Defendants' Request for Particulars dated July 6, 2005 are required except for specified items (see order list)
  • Plaintiffs to provide the balance of particulars within a deadline to be agreed or fixed at a case management conference if parties cannot agree