Judicial Review: Leave Granted


This afternoon I repeated my usual habit of checking the Federal Court Docket.  To be honest, I did it this morning as well, and there was no update.  This afternoon however, there was an update in the docket system (including information that my attorney acknowledged receipt, even though I haven’t heard a peep from his office.)

Of course, this now has me going back and thinking about all the issues I’ve previously mentioned: what will the impact of this becoming public information: how will it impact me and my family.

The hearing is scheduled 90 days from today (the maximum allowed by the rules here) so it will be 17 October 2012.  Ironically, I’m not 100% sure I will be able to attend the hearing, as I’m currently blocked for the same period for a trial in the US (in which I’m serving as an expert witness).  I’m working to find out now.

I will go to the local registry and order a copy of the actual order tomorrow (it’s too late today, as it was issued in Ottawa, and that means I had to get to the Registry by 1 pm here on the west coast.)  But it should just confirm what the online system says:

  • review granted, hearing date on October 17, 2012
  • tribunal (CIC NYC) record on or before August 9, 2012
  • applicant’s affidavits (that’s me) on or before August 20, 2012
  • respondent’s affidavits (CIC) on or before August 29, 2012
  • cross-examination on or before September 10, 2012
  • applicant’s further memorandum of law on or before September 18, 2012
  • respondent’s further memorandum of law on or before September 28, 2012
  • cross-examination transcripts on or before September 28, 2012

Of course, this also means I have to pay my attorney his supplemental fee (which, to be honest, cannot possibly cover the amount of time involved in this sort of case.  Either that, or I’m too used to working with expensive patent litigators!)

In addition, it is possible that some parties might be interested in participating as well (“intervening”).  This certainly isn’t guaranteed.  I expect I will learn more as the case proceeds.

Bottom line: this is good news.  My case will gain a hearing.

Advertisements