The main question is whether candidates may rely upon the cap count number posted on CIC website for their detriment. Although a lawsuit is one way to deal with this situation, candidates should consider submitting their profile to Express Entry system as soon as eligible to increase the chances to succeed.
One of our clients was in this situation, but was invited to apply within 7 days of receiving his returned application. He is one of the lucky candidates, but not all candidates may be eligible to succeed under Express Entry system, unfortunately.
News item: Vasco Castela loses job, may have to leave Canada over immigration mix up
A lack of transparency by CIC could lead to a class action lawsuit, says immigration expert