March 22, 2018 Canadian FATCA IGA litigation update:
The attorneys for our side (our side are Plaintiffs Gwen and Kazia, the Alliance for the Defence of Canadian Sovereignty — the “client”, and our supporters) and the attorneys for Mr. Justin Trudeau’s Government have just agreed on the timing for the next steps of our Canadian FATCA IGA lawsuit in Canada’s Federal Court.
Here is the new timetable for our litigation:
— Defence [the Government] evidence, except one expert report, filed April 16, 2018;
— Last defence expert report filed April 30, 2018;
— Notice of any objections to expert reports provided by June 15, 2018;
— CMC to discuss scheduling of any applications to strike all or portions of affidavits in
— Cross-examinations completed by July 31, 2018;
— Plaintiffs argument served and filed by September 28, 2018;
— Defence argument served and filed by November 16, 2018;
— Plaintiffs’ reply served and filed by December 7, 2018;
— Hearing the week of January 28, 2019, subject to the Court’s availability.
The key update is the hope/expectation that the Federal Court hearing will take place in January 2019.
Yes, I know that our litigation has been moving at a glacial pace. Sorry…
Today I had a go at the TD Waterhouse application (direct investment TFSA account).
There’s a drop-down list for citizenship, followed by a “dual citizen” checkbox, which when checked opens a second drop-down with a list of countries. Then a bit later it asks you to certify Canadian tax residence; I didn’t see anything about other countries of tax residence. I cancelled out at the step where you are asked to upload a photo or scan of your ID but checked the list of acceptable ID types, and drivers license was on there. So no question about country of birth, no ID requirement that might indicate place of birth. Easy-peasy.
I’ll do a few more then decide whether to push through an application with RBC, which is the only one to have asked for country of birth. I would select Canada rather than US, and cancel if I encountered some sort of validation requirement.
And I’ll look into the access to information request today, and post instructions for others to do it if it’s simple and cheap.
Thanks for the update. Looking forward to Jan/19.
Careful with BMO! They were one of three banks to ask my employer if he had associates, partners or anyone at his firm who were US persons for tax purposes. We changed signing authorities multiply times as associates left for other firms or associates came onboard. Each and every time, we signed new paperwork and showed I.D. They never asked the US question then, but when they started asking about the accounts themselves, we got the letter. The letter came one month after I had renounced.
Off for some travels for a few weeks, will try to ignore this place, but upon return plan to: (1) continue testing bank and investment firm applications to document and test FATCA questions; (2) submit an Access to Information request for FATCA data; (3) politely disrupt Moodys when there’s a seminar within range; (4) think of any other harassment campaigns I can wage.
Happy travels @Nononymous. I will look forward to hearing the progress and outcomes of plans 1-4…
: )
Ditto what badger said. Enjoy the break.
Nononymous: Have fun and give yourself a good holiday! Thanks for your research and will look forward to what you plan to look for on your return. Greatly appreciated!