cross-posted from Brock
by Stephen Kish
December 7, 2017 CANADIAN FATCA IGA LITIGATION UPDATE:
Our trial on Canada’s FATCA IGA legislation in Federal Court is being delayed because Government is having a difficult time providing retainer contracts to their expert witnesses (our side’s experts and Plaintiffs have already filed affidavits).
We can’t move forward until we receive Government’s evidence.
I can say now that if Canada will not agree to a date to provide its evidence early in the new year then our litigators will seek the assistance of the Case Management Judge, whose job it is to keep the litigation moving. The purpose of the Case Management Conference will be to obtain a court order to get Government to provide its evidence in a timely manner.
As to future timelines: this is my personal guess only (which depends in part on the evidence, as yet unknown, to be provided by Government), but I expect that the trial in Federal Court will take place in the last half of 2018 with a decision possibly in very late 2018/early 2019.