Selected Experience

2014

1. Moscicki (#1) v. Canada (CIC), (Federal Court, IMM-4614-14)

Judicial Review. Issue: mandamus. On September 30, 2014, in a rare case, the Federal Court granted leave to judicially review the Minister of Citizenship and Immigration’s refusal to process a permanent residence application, which has been pending for 25 years.

 

2. Moscicki (#2) v. Canada (CIC), (Federal Court, IMM-4845-14)

Judicial Review. Issue: whether an offence committed abroad is equivalent to an offence under the Criminal Code of Canada. On September 30, 2014, the Federal Court granted leave to judicially review the Immigration Division’s decision (rendered at the admissibility hearing), where it concluded the US offence of “attempted residential burglary” is equivalent to the Canadian offence of “attempted residential breaking & entering.”

 

3. Moscicki (#3) v. Canada (CIC), (Federal Court, IMM-5220-14)

Judicial Review. Issue: failure to adequately consider the release plan. On September 30, 2014, the Federal Court granted leave to judicially review the Immigration Division’s decision refusing to consider any element of the proposed multi-faceted release (from immigration detention) plan.

 

4. Zaidline v. Canada (CIC), (Federal Court, IMM-3269-14)

Judicial Review. Issue: the Immigration Appeal Division’s refusal to exercise its jurisdiction to hear an appeal. Facts: the Applicant was found ineligible to act as a sponsor. She appealed that decision to the Appeal Division, where Member V. Zanfir concluded that due to the Applicant’s ineligibility, no decision not to issue her mother a permanent resident visa was made. As such, in his view, the Applicant had no statutory right to appeal seemingly “non-existent” decision. On September 11, 2014, Justice Hughes overturned Member Zanfir’s decision.

 

5. Grigorovich v. Canada (CIC), TB4-00096 (Immigration Appeal Division, IRB)

Appeal. Issue: refusal of a spouse sponsorship application. On September 9, 2014, the Immigration Appeal Division overturned a Moscow-based visa officer’s decision refusing an outside-Canada spouse sponsorship application.

 

6. Chachanidze v. Canada (CIC), (Federal Court, IMM-2006-13)

Judicial Review. Issue: Refusal of a Pre-removal Risk Assessment application. On July 2, 2014, the Federal Court granted leave to judicially review the PRRA Officer’s decision refusing Mr. Chachanidze’s request for protection in Canada due to him being a member of the government opposition in Georgia. The judicial review is set to be heard in September 2014.

 

7. Chenhova v. Canada (CIC), (Federal Court, IMM-1713-14).

Motion. Issue: filing of evidence after the pleadings were closed. Having been satisfied that Ms. Chenhova raised serious issues preventing her from filing her own affidavit, on June 30, 2014 the Federal Court granted an order permitting filing of her evidence after the pleadings were closed.

 

8. Gavashelishvili v. Canada (MPSEP), (Immigration Division, IRB)

Detention Review. Allegation: inadmissibility to Canada based on organized criminality. Issue: should a person who is alleged to be a danger to the Canadian public and a flight risk be released from the immigration detention 3 days before his admissibility hearing? As a result of vigorous submissions during April 11, 14, 15, 22 and 29 and 30, 2014 hearings, Mr. Chsherbinin persuaded the Immigration Division that his client is neither the danger to the public nor the flight risk. Consequently, the Immigration Division released his client after 3 months of immigration detention and 3 days before his admissibility hearing. At the outset of the May 7, 2014 admissibility hearing, the Minister withdrew all allegations.

 

9. Pataraia v. Canada (CIC), (Fed. Court of Canada, IMM-2241-14)

Judicial Review. Allegation: inadmissibility to Canada based on organized criminality. Issues: should the judicial review be expedited within a week? should the leave be granted? did the Immigration Division conduct a 30-day detention review fairly? On April 11, 2014, Mr. Chsherbinin persuaded the Federal Court to expedite the judicial review. On April 17, 2014, the Court granted leave and judicially reviewed the Immigration Division’s decision. On April 22, 2014, Justice Heneghan set the Immigration Division’s decision aside for being unreasonable. In addition to Odosashvili (below), this case further affirms detainees’ right to sur-reply during detention reviews.

 

10. Odosashvili v. Canada (CIC), 2014 FC 308 (Fed. Court of Canada)

Judicial Review. Allegation: inadmissibility to Canada based on organized criminality. Issue: impact of the Minister’s “glaring misrepresentations” on the outcome of a detention review proceeding. On March 31, 2014, the Federal Court overturned the Immigration Division’s decision that continued Mr. Odosashvili’s immigration detention, because the Minister made “false submissions” and provided “inaccurate information in…the statutory declaration”. The case clarifies detainees’ right to sur-reply during detention reviews.

 

11. Odosashvili v. Canada (CIC)  (Fed. Court of Canada, IMM-1373-14)

Motion. Issue: should the judicial review be expedited within a week. On March 21, 2014, Mr. Chsherbinin persuaded the court of expedite the hearing of Mr.  Odosashvili’s application for leave and for judicial review of the Immigration Refugee Board’s decision refusing his release from detention.

 

12. Canada (MPSEP) v. Sidamonidze (Fed. Court of Canada, IMM-1380-14)

Injunction. Allegation: inadmissibility to Canada based on organized criminality. Issue: stay of execution of the Order for Release. Mr. Chsherbinin successfully resisted the Minister of Public Safety and Emergency Preparedness’ injunction seeking to stay the Immigration Division’s decision that released his client from immigration detention. The Federal Court dismissed the Minister’s injunction on March 6, 2014.

 

13. Sidamonidze v. Canada (MPSEP), (Immigration Division, IRB)

Detention Review. Issue: should a person who is alleged to be a danger to the public and a flight risk be released from the immigration detention. On March 4, 2014, Mr. Chsherbinin persuaded the Immigration Division to release his client.  

 

14. Kosolapova v. Canada (Minster of Citizenship & Immigration), IMM-1003-13 (Fed. Court of Canada)

Judicial Review. Issue: Was an H&C Officer obligated to consider whether the existence of a 2-year moratorium on the acceptance of overseas sponsorship applications for parents would cause the applicant “unusual, undeserved or disproportionate” hardship. On February 11, 2014, the Federal Court granted leave to judicially review the H&C Officer’s decision. However, the judicial review was subsequently denied.

2013

15. Pritchin v. Canada (Minster of Citizenship & Immigration), IMM-13200-12 (Fed. Court of Canada)

Judicial Review. Issue: Does a visa officer have jurisdiction to consider the genuineness of an Arranged Employment Opinion (“AEO”) issued by Service Canada in the context of Federal Skilled Worker application. On November 22, 2013, the Federal Court granted leave to judicially review a Tel Aviv based officer’s decision that AEO was not genuine. However, the judicial review was subsequently denied.

 

16. Cohen, Husson and Bravi  v. Canada (MPSEP), (Immigration Division, IRB)

Detention Review. Issue: whether continued immigration detention is justified. On November 12, 2013, Mr. Chsherbinin persuaded the Immigration Division that Ms. Cohen, Ms. Husson and Mr. Brami’s continued detention is not justified. A week earlier, Mr. Chsherbinin assisted these clients in obtaining an “absolute discharge” for rare charges laid against them under the Immigration and Refugee Protection Act for working in Canada without authorization.

 

17. Sterling Tile v. LIUNA 183, (Lab. Arbitr., Arbitrator Trachuk)

Motion. Issue: non-union employee’s standing in a labour arbitration proceeding. On July 16, 2013, Mr. Chsherbinin successfully argued that a supervisor was entitled to third party standing in the arbitration proceeding together with an opportunity to cross-examine witnesses and make submissions, and without bearing his share of costs.

 

18. Korolove v. Canada (Minister of Citizenship & Immigration), 2013 FC 370 (Fed. Court of Canada)

Appeal. Issue: denial of Canadian citizenship. On April12, 2013 Mr. Chsherbinin prevailed in a highly contested appeal arising from the Citizenship Judge’s denial of Canadian citizenship to the appellant.

 

2012

19. Singh v. Chandel, FS-12-00038-29922, (Ont. S.C.J.)

Mareva Injunction & Norwich Order. Issue: freezing of assets. On November 27, 2012, Mr. Chsherbinin successfully obtained exceptional orders freezing the defendants’ banks accounts in Ontario and Canada-wide and requiring Royal Bank of Canada to release the detailed records of transactions.

 

20. Khodov v. Canada (Minster of Citizenship & Immigration), IMM-8164-11 (Fed. Court of Canada)

Judicial Review. Issue: refusal to defer removal from Canada. On July 26, 2012, the Federal Court decided the judicial review in Mr. Khodov’s favour. The decision of an enforcement officer was quashed and remitted back for re-determination.

 

21. Chachanidze v. Canada (Minister of Public Safety & Emerg. Prep.), (Immigration Division, IRB)

Detention Review. Issue: whether the detention is justified. On February 10, 2012, Mr. Chsherbinin successfully argued before the Immigration Division of the Immigration & Refugee Board that Mr. Chachanidze’s continued immigration detention is not justified.

 

2011

22. Khodov v. Canada (Minister of Public Safety & Emerg. Prep.), (Federal Court of Canada)

Injunction. Issue: deportation from Canada. On November 16, 2011, Mr. Chsherbinin successfully persuaded the Federal Court that the Enforcement Officer erred in law when he refused to defer Mr. Khodov’s removal from Canada.

 

23. Bennett v. Cunningham, 2011 ONSC 28 (Ontario Divisional Court)

Appeal. Issue: just cause dismissal based on insolence. In this case, the Ontario Divisional Court upheld Mr. Chsherbinin’s argument that one ill-advised letter from the employee to her employer, calling her “dishonest and negligent”, was not enough to justify firing her without notice. This case provides an interesting look into the nature of dismissal for cause and the challenge employers face when seeking to establish just cause for dismissal.

2010

24. Elliott v. Mills Pontiac Buick GMC Ltd., 2010 HRTO 2360 (CanLII)

Motion. Issue: the Applicant sought disclosure of privileged information, in order to opportunistically bolster her claim. In this case, Mr. Chsherbinin, on behalf of the corporate respondent, successfully persuaded the Ontario Human Rights Tribunal that the privilege was the employer’s and not the employee’s to waive.

 

25. Zvorygin v. Canada (Minister of Citizenship and Immigration), 2010 CanLII83654 (IRB (App. Div.))

Appeal. Issue: revocation of permanent resident status based on failure to comply with residency requirements. In this case, Mr. Chsherbinin successfully argued before the Immigration Appeal Division that the decision made by the visa officer at the Embassy of Canada in Moscow, Russia revoking the applicant’s permanent resident status due to his failure to meet the residency obligation was not valid in law.

2009

25. La Citadelle International Academy of Art & Science Inc. v. Taheri, 2009, (Ont. S.C.J (Sm. Crt.)).

Trial. Issue: breach of contract. At trial, Mr. Chsherbinin successfully argued, on behalf of the corporate plaintiff, that the individual defendant fundamentally breached the contract for supply of educational services.