Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m F e b r u A r y 2 0 1 5 35 The issue is an education credit in the Income Tax Act (Paragraph 118.2(2) (e)). Parents can claim 15 per cent of the tuition for sending a child with a "men- tal impairment" to a specialized private school (for Lindsay's client, that works out to $1,500 annually). The child must be two years behind in learning and be vetted by various tests and experts, but Lindsay says the archaic language in the act has led to a continued misunder- standing of the definition of "impair- ment." Lindsay says he's just won the case again. But he worries the problem will recur until the language is updated. Or until CRA follows the rules. IMMIGRATION LAW W innipeg's David Matas says immi- gration law is even more complex than tax law, a bewildering maze that must be negotiated by people who often don't have either French or English as a first language. And as such, Matas says, they can end up in Canada perma- nently separated from their loved ones. Once an application to immigrate is filed, it takes at least three years to be suc- cessfully processed. But lives don't stand still, and over time applicants may fall in love or have a baby, and not think to declare them. But Canada's "family class" category excludes what's called "non- examined, non-accompanied depen- dents," meaning a newcomer will discov- er they cannot sponsor family members. Matas can ask that a child be accepted on humanitarian grounds, "but it doesn't happen. They just say, 'You didn't follow the rules.' And once you don't disclose, it's a lifelong brand. Your wife ceases to be your wife. Those who do understand the language on the forms and properly file an amended application will lose as well; for them, the three-year clock starts ticking again from zero." Perhaps now is the time for a bit of good news, and the acknowledgement that every so often, making a ruckus can work. In late December, Citizenship and Immigration Canada announced a pilot program to allow the foreign-born spouses of Canadians to work while the state processes their permanent resi- dency applications. Unfortunately, that doesn't help clients of Calgary's Kevin Zemp who have already fled the coun- try. A Canadian who could not work because of complications from a preg- nancy brought her husband to Alberta, where many companies are desperate to find qualified employees. The com- puter-savvy husband received almost a dozen job offers, but could accept none. Spouses must wait 16 months before they can legally take a job. After a year, and the government's refusal to extend a work permit on humanitarian grounds, the family was destitute. "He finally took a job outside the country and they left. It makes me mad every time I think about it," says Zemp. The pilot project was announced just days after Zemp nominated the work permit rule as Canada's dumbest. "Too bad it took them so incredibly long and allowed such terrible suffering until they changed it. I am glad they made the change, I am just amazed that such a simple common sense thing took so long." Dimock Straon llp experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com Sangeetha Punniyamoorthy, Alan Macek and Geoff Mowa With almost 30 years experience between them, Sangeetha, Alan and Geoff bring depth and insight to a wide range of intellectual property maers. Sangeetha has built a busy practice focusing on copyright and trademark litigation, Alan emphasizes electrical and computer-related technology while Geoff has developed a practice that includes maers involving the Patented Medicines (Notice of Compliance) Regulations. Welcome to the team. ree new partners bring depth to our team ntitled-6 1 2015-01-14 1:31 PM

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