Decision

Immigration Consultants of Canada Regulatory Council v. CICC The College of Immigration and Citizenship Consultants, 2020 FC 1191

Justice Fuhrer - 2020-12-24

Read full decision. Automatically generated summary:

The Plaintiff’s claim and this interlocutory injunction motion revolve around entitlement to use the name “College of Immigration and Citizenship Consultants.” Since 2011, the Plaintiff, the Immigration Consultants of Canada Regulatory Council or ICCRC, has been the only designated national self-regulator of immigration and citizenship consultants in Canada: paragraph 91(5) of the Immigration and Refugee Protection Act ... The new College of Immigration and Citizenship Consultants Act, SC 2019, c 29, s 292 [College Act], which received Royal Assent on June 21, 2019, provides a mechanism, for ICCRC specifically, to continue as the regulator under the name “College of Immigration and Citizenship Consultants” ... Having considered the parties’ admitted evidence, and their written and oral arguments, I find that that ICCRC has met the test for an interlocutory injunction: there are serious issues to be tried regarding paragraphs 7(a) and (d), 9(1)(d) and section 11; the Defendants’ have caused irreparable harm to ICCRC, and its orderly transition to the regulator under the College Act, as well as to the public interest; and the balance of convenience favours ICCRC.

Decision relates to:

  • T-1033-20 - AGC v. CICC THE COLLEGE OF IMMIGRATION & CITIZENSHIP CONSULTANTS CORP ET AL.
  • T-834-20 - IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL v. CICC ET AL.

 

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