CSA / PSK Litigation Update - June 2014

June 15th, 2014

We recently reported that the litigation between the Canadian Standards Association (CSA) and PS Knight Co Ltd had finally reached the Discovery stage. 

While RestoreCSA is heavily restricted in what we can publicly disclose about that process, we can advise that most of the direct witness interviews have concluded and both parties are presently sorting through the Undertakings assigned during these interviews. 

For those sufficiently fortunate as to be unfamiliar with litigation processes, an Undertaking is a commitment made by a party to the litigation to locate evidence or otherwise find answers to a question which was unanswerable during the witness interview. 

So what happens next?  Well, if all goes to schedule, both parties should conclude their respective Undertakings later this summer or early fall and the trial itself will commence during the spring of 2015.

From the outset we have stated our belief that the CSA intends to “bleed us financially” rather than trying to actually win their case.  In this context, our win at trial will not end the process.  Rather, winning will invite an appeal, made into as long and expensive a process as CSA can arrange.  Ultimately of course, through all the appeals, this case will end up at the Supreme Court, and the path to the Supreme Court takes about eight years.  Justice isn’t a sprinter.

RestoreCSA isn’t especially keen on spending the better part of a decade fighting for the right to continue to exist.  This explains our extensive efforts in government relations in Canada and the United States.  Having heard from other victims of the CSA and having uncovered certain of CSA’s more alarming practices, we feel that the best path to recovery for ourselves and these other victims, and indeed for the CSA itself, is through a government mandated clean-up of this government mandated regulator.

Of course, the great irony is that it was the CSA which started this litigation.  It seems that nobody in the bureaucratic bowels of the CSA organization thought to conduct a basic liability study prior to launching their lawsuit.  If they had, they’d never have launched it.  Seriously folks, the core of their argument is that they privately own some of Canada’s public laws merely for having lobbied government to pass them.  This is legal -not to mention political- suicide.

So why didn’t they do their due diligence?  Well, we think we know the answer.

RestoreCSA is consoled by the fact that with every passing day, in every new issue and CSA practice that we uncover, through every new contact that we meet and each new file that we receive, the cost and the scale of their recovery continues to increase. 

The CSA picked this fight in order to financially ruin our family business, and the CSA’s litigation personally targeted your correspondent and his elderly father as well.  But now the CSA is facing a massive financial restructuring of its own, and its leadership is increasingly being targeted for investigation for their roles in a wide range of questionable conduct.  And none of this could’ve happened had the CSA not started this fight. 

Justice isn’t a sprinter, its a poet.