December 22 2016 Update on Canadian FATCA IGA lawsuit — Moving closer to the Charter-Constitutional trial

This is a new update with some timelines from the Canadian Federal Court showing what has to be done before we know the Charter-Constitutional trial date (taking place next year). In part, there will be motions and responses related to differences of opinions as to what documents and information have to be provided prior to trial:

Order dated 22-DEC-2016 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered with personal appearance

The Court’s decision is with regard to Case Management Conference [recently held by the parties to move the litigation forward]


Court Orders:

1. D [The Defendants — Attorney General and Revenue Minister] are granted leave to s/f [serve/file] their motion in writing for production of documents and particulars.

2. P [The Plaintiffs — Kazia, Ginny, and Gwen] shall s/f their responding motion record within 28 days from the date of service of the D motion referred to in paragraph 1 above

3. P are granted leave to bring their motion for summary trial [the Charter-Constitutional trial]. P are dispensed from s/f a motion record at this stage and shall instead s/f a notice of motion and contemporaneously serve their affidavit evidence [e.g. testimonies from our Witnesses and Expert Witnesses].

4. The timeline for the D to file a response to the P motion for summary trial is suspended until further order

5. Any further affs, docs, or particulars, and anything else req’d by any order resulting from the D’s motion referred to in para 1 above shall be produced by the Ps to the Ds within 30 days of such order

6. The parties shall make best efforts to schedule the Ds examinations for discovery of the Ps within 45 days of satisfaction of the requirements, if any, described in para 5 above

7. The parties shall requisition a CMC [Case Management Conference] as soon as possible following completion of the steps set out in para 5 and 6 above in order to, among other things: A) fix a timetable for completion of the steps leading to the hearing of the P motion for summary trial; and B) schedule the hearing of the P motion for summary trial.

Filed on 22-DEC-2016 copies sent to parties”

Sorry again for the slow pace.

Stephen Kish

7 thoughts on “December 22 2016 Update on Canadian FATCA IGA lawsuit — Moving closer to the Charter-Constitutional trial

  1. George III

    Lynn can you tell me if Steve has talked to representative of US banker
    lawsuit? It is apparent that Trump will tell his AG not to defend this lawsuit.
    The courts still has to overturn it.

    I hope that Trump motivation for going against this is not preventing co-ordination.

    In addition Steve should check with US constitution lawyer if Trump is forced to apply the withholding penalty, if the Canadian lawsuit is successful.

    Can you please see if there is some response, on first item in the next week?

    1. George III

      Thanks Lynn & Steve
      If Steve is talking to business executives they like communication short and precise (fact and recommendation in 1 page.
      Trump may want to renegotiate free trade deal with Canada (reduce trade imbalance). You may want to see if Canadian government will ask for removal of FATCA as part of deal to increase USA imports?.

  2. George III

    Item 1
    Someone tell Calgary 411 you can not stay anonymous from US government on Twitter. They can force twitter to give them a person iP address, e-mail address and maybe phone number if tied to account.

    “Keep in mind, however, that Twitter itself could identify you with techniques such as IP address tracking, if required by a court order.”

    – Twitter will still know your email, but other users can’t find you with it.

    Item 2
    What is happening with US banker law suit. Has there been communication with them.
    Trump has made it clear that he want to get rid of stupid regulation that cost more than their benefit. If US financial institute had to implement it would cost ten of billions of dollar.

    Obama has no understanding of benefit cost analysis or anything that requires a minimum of logic. I would love to see how he did on his high school geometry course.

  3. badger

    It is possible that as more time has passed, and more have renounced/relinquished, and more SOLs have run out, or some people have researched their options and gotten a better sense of how much they may be personally at risk – despite continuing to choose to remain anonymous for the purposes of the wider internet, we might find more people willing to come out in person and join a group appearing publicly in protest.

  4. WhiteKat

    Thanks for the update Dr. Kish. Looking forward to the announcement of a date for the Canadian FATCA lawsuit. And thanks to ADCS, the plaintiffs and witnesses, generous donors, all without whom this attempt to uphold the rights of all Canadians, would not have become a reality for 2017. This really has been one big group effort that everyone involved should be proud of!

    Just as an aside, I know people are down on USXCanada over at Brock, but I would like to write a few words in his defence. The bothersome comment from USXCanada that Dr. Kish refers to in this post was made not with regard to the Canadian lawsuit, but in response to a recent comment at Brock from someone who was suggesting public protests be held in a bid for media attention. USX basically informed this commenter (someone relatively new to Brock perhaps), that we have been down that road before, and people are just not interested in participating in loud, noisy, public demonstrations against FATCA. USX’s ‘toe the curb’ comment was in reference to a quiet, mostly unnoticed protest that a few of us attended in Toronto in 2013 where we were literally told to keep our toes within 1 foot or so of the curb. Sure, USX’s comment was a bit of snark, but not a dis against the lawsuit.

    USX is correct – those of us under FATCA attack are for the most part, a play by the rules (lawsuits involve lots of rules), ‘toe the curb’, group of people who protest quietly (for example by staying hidden) if at all. As such, the Canadian lawsuit, spearheaded by ADCS is our last great hope to be recognized as Canadians rather than ‘Americans living in Canada’.

    Cheers to all those in support of a soon to be, FATCA-free New Year!


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