On March 11, 2021, a proposed class action was filed in the Federal Court of Canada alleging that the Government of Canada has charged discriminatory fees to immigrants of Canada, namely the Right of Permanent Residence Fee (previously known as the Right of Landing Fee) and the Right to be a Citizen Fee.

The proposed class members are those that have paid the Right of Permanent Residence Fee or the Right to be a Citizen Fee from September 8, 2014 to the present, excluding those that have received a refund.

This class action seeks, among other things, a Court order requiring the Government to refund the Right of Permanent Residence Fee and/or the Right to be a Citizen Fee, punitive damages, pre-judgment interest at an elevated rate of interest, and any other damages.

Our dedicated e-mail to contact the consortium of law firms that are advancing this proposed class action is immigrantfees@evolinklaw.com. Considering the volume of emails and inquiries, we may not be able to answer inquiries about individual situations and questions that are answered in our Frequently Asked Questions.

If the action is certified by the Federal Court to proceed as a class action, you will be automatically included as a class member. To receive updates on the progress of this lawsuit, please subscribe to our Mailing List below. Joining the mailing list does not create any financial obligation.

Please join our mailing list here.

Please safely keep copies of the receipts for the Right of Permanent Residence Fee and the Right to be a Citizen Fee, and any other documentary proof that you have been harmed by that conduct.

March 11, 2021

A proposed class action filed at the Federal Court of Canada

Am I part of this class action?

This is a proposed class action for all individuals, on or after September 8, 2014, that paid the Right of Permanent Residence Fee or Right to be a Citizen Fee, excluding those that have received a refund.

The scope of the class is subject to approval by the Court.

At this time, there is no action required to be part of this class action. A certification application will be made to the Court in short order.

 

Do I need to take any action to be part of this case now?

 You do not need to contact us to sign up for this class action because we will be asking the Court to certify this action on an “opt-out” basis. If and when the Court certifies the class action, you will receive a notification on what you need to do if you want to be excluded.

Please safely keep copies of the receipts for the Right of Permanent Residence Fee and the Right to be a Citizen Fee, and any other documentary proof that you have been harmed by that conduct. This information may be necessary after the certification of this class action. Please do not send us those materials at this time.

 

Can I still commence an individual action (e.g. Small Claims case)?

This class action does not preclude you from pursing the matter individually in court. However, as part of the class action procedure, the Court may stay or suspend any individual actions or similar actions that are pending in order to conserve judicial resources and avoid both a multiplicity of proceedings and contradictory outcomes.

Putative class counsel cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.

 

Will class members be liable for the defendants' legal fees if this class action does not succeed?

Class members are not liable for the defendant's legal fees if this class action is not certified or if we do not succeed at the common trial.

 

When will I hear further information about this class action?

We will notify those that have signed up to our Mailing List on the next steps and when they expect a notice from the Court.

 

What are we asking for in this class action against the Government of Canada?

This class action is seeking to recover a refund of the Right of Permanent Residence Fee, the Right to be a Citizen Fee, damages, including punitive damages, and/or a court order striking down the legislative provisions in respect of those fees.

 

Statement of Claim - filed (March 11.  2021)