Liberty and justice for all United States persons abroad

We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

UPDATE SEPTEMBER 19, 2015: SEE ALSO DISCLAIMER AND LITIGATION UPDATES.

[This post, which began in May and having over 1000 revisions and 2000 comments, is being retired from service and updates. It lived through the success of reaching a total of $500,000 in donations from our kind, dear supporters who had little money to give, the hope and disappointment with the summary trial decision, and the certainty that we are now finally moving on to the Charter trial.]

CANADIAN CHARTER TRIAL UPDATE:

We have instructed the Arvay team to prepare for the “Constitutional-Charter” trial. This means that our focus now, as it was in the beginning of our lawsuit, is on the Charter trial.

Unless there is a new expense in the future that we have not anticipated, the monies from your donations will be sufficient to take us through the “constitutional-charter” trial in Federal Court. However, to pay other legal bills we will need additional donations from our supporters, and a request for donations will appear on another post soon.

OUR LITIGATION HISTORY:

One year ago, on August 11, 2014, Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples.

Because of a Government delay we initiated a “summary trial”, using a portion of the arguments, which offered the possibility of preventing private banking information from being turned over to the IRS before September 30, 2015. See Alliance’s Claims, our Alliance blog, and AUGUST 4-5 SUMMARY TRIAL FILINGS in LITIGATION UPDATES.

2,207 thoughts on “We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

  1. The Court’s offices are open from 8:30 a.m. to 4:30 p.m., Monday to Friday.
    That means two more hours to go today.

  2. Surgite!

    Thank you for the updates!

    Any lurkers reading out there who haven’t donated – look at what has been accomplished – we need your support and donations to keep this challenge going.

    The Cons and Harper and their minions were hoping to stall us with claims that they had to sift through tens of thousands of documents (or was that hundreds of thousands?), hoped to shake the plaintiffs by asking for costs, hoped to get an adjournment, hope to outspend us with our own taxpayer funds, etc.

    Don’t let the FATCA Cons win!!!!

    Donate now!!

    http://www.adcs-adsc.ca/

  3. I almost forgot to Thank God for this blessing. Now I remember from whence blessings flow.

  4. @George
    Good question. I am a layman but I assume it means that he did not see a convincing argument to ditch Prof Christians’ expert testimony nor to immediately deny the motion opening a door to an immediate appeal delaying things further. Yet he has left himself room to come down one way or the other later as he sees fit.

  5. UPDATE:

    Arvay is now explaining the onerousUS tax penalty system that Canadian citizens and residents would fall under once their information becomes known to the US tax authorities under FATCA to the judge.

    @ George

    Reserving judgment means the Judge will not make his decision at the moment, but is prepared to give it later. Could be and usually is, after all augments have concluded, could be in writing later after the trial or he could think about it tonight at give it tomorrow.
    Hope that helps.

  6. TY Ginny for the clarification and update. Many of us are out in the “world” watching the curser blink … and hitting the refresh button waiting for the next update.

  7. Excellent news from Tricia! So glad the Judge has extended court time. Gwen says the judge is very savvy. And that is so impressed with how Joe Arvay is presenting our positions. Among his many legal talents, he is a great orator.

  8. @ Ginny Hillis
    Thank you for keeping us posted today and helping those of us who have never had a court experience understand better what is happening. (The only court room I have ever been in was the one where my husband became a new, proud Canadian citizen — a wonderful, emotional day for both of us.)

  9. Thanks everyone for the updates! I’ve been trying all day to transmit those “positive waves” from here in Ottawa. All the best to the entire team out there in Vancouver!

  10. Thanks, Tricia, Ginny and Bubblebustin.

    I have updated this (Stephen’s) actual post:

    UPDATE: 4:23 p.m. Vancouver time

    from Tricia:

    We are staying in court til 5:30. Just about to resume

    and, again, Ginny Hillis, Plaintiff:

    Arvay is now explaining the onerous US tax penalty system that Canadian citizens and residents would fall under once their information becomes known to the US tax authorities under FATCA to the judge.

    Reserving judgment means the Judge will not make his decision at the moment, but is prepared to give it later. Could be and usually is, after all augments have concluded, could be in writing later after the trial or he could think about it tonight at give it tomorrow.
    Hope that helps

    UPDATE: 3:15 p.m. Vancouver time

    per Bubblebustin

    Government adjournment request denied. SUMMARY TRIAL BEGINS!

    and per Ginny Hillis, Plaintiff

    Judge has DENIED the federal motion for adjournment! The summary trial has now begun and Team Arvay is up first. Judge has also reserved his decision on the motion as to whether to allow as admissible the Supplementary affidavit of Professor Allison Christians.

    Thanks so much everyone, Arvay team, ADCS team, all supporters who were able to be there in person. We will await more news. Bravo!!!!!

  11. @ Embee @ Everyone

    It has been my pleasure to help. Caveat: I am a terrible typist so excuse all errors. But feel free to ask questions.

    It’s been so good to spend my day with all of you posting today. You have cheered me on and helped me relax a little. It is very hard for a lawyer to be on the other side of the law desk! I have tried many cases but I have never been a plaintiff!

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