This post is to provide an update on your FATCA lawsuit against the Government of Canada.
As you are aware, the Government of Canada has significantly slowed the pace of the lawsuit by claiming that it needs to consider the relevance of over 100,000 “FATCA related documents”. Whether true or not, the large number of documents that they have identified as “potentially relevant” means that:
1. Government lawyers must consider those documents and determine their relevance; and
2. The ADCS lawyers must then review those same documents.
The effect of this is delay, delay and more delay.
“Justice delayed is justice denied!”
What will ADCS do about this?
We have made the decision to:
Instruct Mr. Arvay to begin a legal proceeding in Federal Court to prevent the government from disclosing the banking information that it will be collecting from the banks to the U.S. government. Mr. Arvay’s position is that if this application is successful that it will be a better outcome than seeking an injunction since an injunction will only be effective until trial. It is possible that there may be an extra cost resulting from this application.
What is the time line on this?
We hope to file in approximately 4-8 weeks.
Estimated time to trial is 2-4 months after filing but is very much dependent on the court’s schedule and that of opposing counsel.
Estimated time to court decision is 2-4 months after trial but is very much dependent on the particular judge who hears the case.
— I must also remind you again that, we are in a “marathon and not a sprint”.
We will continue to take the steps that we deem necessary to further the objectives of your FATCA lawsuit.
Thank you for your support, confidence and patience.
Canada is “in the eye” of the “FATCA Storm” for two reasons.
First, the Government of Canada is a “world leader in the implementation of FATCA”.
Second, you as the citizens of Canada, and our international supporters, are “world leaders” in opposing FATCA.
Thank you for your trust.