October 9, 2014
UPDATE 20 NOVEMBER 2014
Here is a brief response of the Plaintiffs to the Government’s statement of Defence:
This is the Gov of Canada’s Statement of Defence to the Amended Claim:
This post is a continuation of our efforts to keep you apprised of developments in our “FATCA Lawsuit” against the Government of Canada. When we have significant developments to report, we will report them here.
We have two developments to report:
1. As you know the initial Statement of Claim was based on allegations that the FATCA IGA and the enabling legislation violate various provisions of Canada’s Constitution including Canada’s Charter of Rights and Freedoms. The claim has been amended to include the allegation that the FATCA IGA and enabling legislation are in violation of both the Income Tax Act of Canada AND the Canada U.S. Tax Treaty.
These amendments mean that our claim can be successful without demonstrating a violation of the Charter of Rights.
2. In order to facilitate the amendments described above, Canada’s Minister of National Revenue has been added as a defendant.
We have followed this announcement with an appropriate press release.
For those interested in reading the amended Statement of Claim – the amendments are underlined:
For those interested in reading the press release of October 9, 2014:
But, life is about much more than FATCA and legal challenges ….
Since this coming weekend is “Thanksgiving Weekend” in Canada and “Columbus Day Weekend” in the U.S.:
I wish you and your families a Happy (and safe) Thanksgiving and/or Columbus Day.
P.S. As I said in my message of September 29, this lawsuit is a “long term” project. We are very grateful for and continue to need (in no particular order): your patience, your support and your funding wherever in the world you may live!