Sheppard Law Blog

Last week, GSPC lawyer Daniel Mauer commented on the case of a fallen tree in St. Catharines. The segment, which aired on September 11, 2020, can be found on the CHCH website .  This case brings forward some important considerations with respect to municipal liability and insurance generally.  Notice under the Municipal Act It is important to remember when suing an Ontario municipality that a potential claimant must provide the municipality with notice of a claim arising out of any alleged failure to properly maintain a municipal highway or bridge within 10 days of the damage or injury occurring. Section 44 of the Municipal Act, 2001 sets out the requirements for such notice. While a party who fails to give notice within the 10-day period may apply to the court for relief from compliance, it is advisable to provide the proper notice to avoid potential issues in any ensuing litigation.  Insurance Regardless of whether you have a negligence claim, it is always advisable to...

An Act Respecting further COVID-19 Measures received Royal Assent on July 27, 2020. This Act in part extends the Canada Emergency Wage Subsidy (CEWS). As outlined in a press release also published on July 27, the this legislation: Changes the CEWS eligibility threshold so that certain employers who cannot meet the 30% revenue loss test, but who are still struggling, can receive the benefit; Adds a top-up to the subsidy of an additional 25% for employers that have been most adversely affected by COVID-19; and Suspends some of the limitation periods applicable to civil and other non-criminal Federal Court proceedings, previously introduced in Bill C-17 . The government has posted an updated CEWS calculator to help employers calculate the subsidy amount for the new qualifying periods of: June 7, 2020 to July 4, 2020; July 5, 2020 to August 1, 2020 (Claim Period 5); August 2, 20202 to August 29, 2020 (Claim Period 6); August 30, 2020 to September 26, 2020 (Claim Period 7); September 27, ...

New regulations under the Canada Emergency Student Benefit Act were recently published which apply retroactively to May 10, 2020. These regulations provide some clarity about the CESB application period, eligibility, the benefit amount, and the benefit duration. For more information about the CESB, including more information about eligibility, please see our previous blog post on this subject . The CESB application is available through the CRA My Account online portal. Students who want to apply should visit the government's information web-page to determine when to apply. Application Period The relevant application period depends on a few factors. Nothing has changed for students enrolled in a post-secondary program between December 31, 2019 and August 31, 2020: such individuals can still apply for the benefit for the period of May 10, 2020 until August 29, 2020. However, the application period for students graduating from secondary school who will commence a post-second...

CEWS Extension to August 29, 2020 The federal government announced on May 15, 2020 that it will be extending the 75% CEWS wage subsidy another 12 weeks to August 29, 2020. Changes to the CEWS eligibility criteria can also be expected in about one month's time as the government will be consulting with key businesses and labour representatives with a particular focus on adjusting the 30% revenue decline benchmark for eligibility. Changes in this regard will likely be necessary to provide businesses with support while they start to reopen since businesses will hopefully start to see an increase in revenues over the coming months. Further, although it appears that they are not formally passed as of the date of this blog post, Bill Morneau announced that eligibility has been changed, retroactive to March 15, 2020, so that the following groups can receive the CEWS: Partnerships that are up to 50-per-cent owned by non-eligible members; Indigenous government-owned corporations tha...

The CESB student benefit application is set to launch tomorrow , May 15, at 6 a.m. ET. Individuals who wish to apply are encouraged to set up an online account with the CRA . Eligible students will receive $1,250.00 for each four-week period from May 2020 to August 2020 for each four-week period he/she is eligible, while students with dependants or a disability will receive $2,000.00. Students will have to re-apply for the benefit every four weeks and must continue to seek work while receiving the benefit. For more information about eligibility, be sure to see our May 8 blog post . Note: while this blog and the information above provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. For more information about the benefits available to you, or if you have any other questions regarding your employment issue, please contact our office for a consultation with one of our lawyers .

Bill C-15, the Canada Emergency Student Benefit Act , received Royal Assent on May 1, 2020. This Act establishes the eligibility framework for the previously announced student benefit. Eligibility Canadian citizens, permanent residents, and certain other individuals can apply for this benefit so long as they either: Are enrolled in a post-secondary education program that leads to a degree, diploma or certificate at any time between December 1, 2019 and August 31, 2020; or Graduated from secondary school in 2020, have applied for enrollment in such a post-secondary educational program scheduled to begin before February 21, 2021 and plan to enroll in that program if accepted.  Applicants who meet the above criteria are considered a "student" for the purposes of the Act. Next, that student qualifies for the benefit if he/she meets the following threshold: For reasons related to COVID-19, during the particular four-week period for which he/she applies for the benefit,...