Today’s surprise was two-fold. It started simply enough – I decided to check the docket system and see if there was a new entry indicating that the “certified tribunal record” had been received by the Court, since yesterday was the deadline and my attorney indicated that he received a copy of the tribunal record. His words were “there are no surprises here”.
However, I did not find the tribunal record notation. Instead, what I found was a notation that said:
Copy OF APPLICANT’S MEDICAL FILE sent by [counsel name omitted] (COUNSEL FOR RESPONDENT) ON BEHALF OF CIC (OTTAWA) on 10-AUG-2012 pursuant to the order of the Court Received on 10-AUG-2012.
Once again, I find an unusual entry in the docket. I’m uncertain what it means. Oh, I also don’t see any indication that a copy of this order was logged by the Registry. I likely won’t know the significance of this for a while – my attorney is gone on vacation until August 20th. So I likely won’t hear anything about this until after his return, if even then.
I did go back and look through other medical inadmissibility files and, once again, I didn’t find anything equivalent in any of them. If I take this at face value, someone in the Court is paying attention to this case – they looked through the tribunal record and did not find what they expected to see and thus ordered the government to produce it. Since Ottawa is the regional medical centre, that this came from Ottawa makes sense as well.
Of course it is also possible that the Court requested my latest medical, not my original medical. I really don’t know, since I didn’t see the order. However, if I had to guess the Court just asked for my medical file – and if I were the government I’d send everything, not just the medical file that applies to this particular case.
One thing is certain: this case is not following the typical path.
Next deadline is the August 20, 2012 deadline for us to submit an additional affidavit, although my attorney indicated he did not see a reason to do so.
I shall strive to focus on enjoying summer here in Vancouver while I can and try not to worry too much about the case progress.
- Judicial Review: Granted (medicallyinadmissible.com)