Roundup of law firm resources on COVID-19: June 19 update

Law firms across Canada are sharing their insights on how to deal with the rapidly evolving economic and legal landscape due to the COVID-19 pandemic. Below is a roundup of some of these resources.

McMillan LLP

In “Will CRA Pursue Directors for Deferred GST/HST?” the firm states that the Canada Revenue Agency should clarify whether directors will be held personally liable for the remittance deferral of net taxes during the deferral period if these net taxes were not ultimately remitted upon the expiration of the deferral period.

Other resources:

• Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing [Current as at June 9, 2020]
• June 10, 2020 Update: Innovating During the COVID-19 Pandemic
• The Road to a "New Normal": Contact Tracing and Privacy Considerations in Canada

Miller Thomson LLP

In “COVID-19 contact tracing debate highlights need for privacy law reform: Lessons for developers and users,” the firm lists important factors for organizations to consider when developing or using contact tracing applications.

Other resources:

• COVID-19: Cross country update (June 16, 2020)
• Courts go virtual as most hearings and limitation periods remain suspended
• COVID-19: Cross-Canada Support Programs for Employers and Employees

Osler, Hoskin & Harcourt LLP

In “E-commerce: COVID-19 as a catalyst for change?” the firm writes about how e-commerce, which has been adopted by many businesses initially out of necessity due to the COVID-19 pandemic, may eventually be seen as a more efficient option in the long run.

Other resources:

• Canadian securities administrators emphasize disclosure issues arising from COVID-19
• Electronic communications - A key tool for compliance with disclosure obligations for Ontario plan administrators amidst COVID-19 business disruption
• COVID-19 class actions: Cautionary reminders from south of the border

Dentons Canada LLP

In “Senior homes and COVID-19 – Class action risk in Western Canada,” the firm sheds light on the recent trend of class actions being initiated against seniors’ homes for their allegedly negligent COVID-19 response. The firm focuses its analysis on B.C. and Alberta.

Other resources:

• COVID-19 and Force Majeure Claims – How do we move forward?
• Amendment to Bill 61: Québec Government announces moratorium on eviction of commercial tenants unable to pay rent as a result of COVID-19
• North American trade in the time of COVID-19

Bennett Jones LLP

In “Environmental, Social and Governance Considerations and the Investor Perspective,” the firm sums up the key findings of a report released by Millani, an environmental, social and governance (ESG) advisory and consulting firm, which delves into the expected effects of the COVID-19 crisis on future ESG practices and disclosure.

Other resources:

• Overview of Real Estate Emergency Pandemic Measures (Updated June 16, 2020)
• Best Practice Considerations for Virtual Execution of Estate Planning Documents
• New Solvency Special Payments Relief Regulations for Federally Regulated Pension Plans

Torys LLP

In “COVID‑19 and electronic signatures: a guide for organizations,” the firm explores how the public health crisis has caused a shift toward allowing the use of electronic signatures and virtual commissioning and notarizing.

Other resources:

• COVID-19 may increase down round financings: what companies need to know
• Litigation risk in COVID-19 environment: Big changes
• Torys Business Brief: Tapping Canada’s infrastructure potential to rebuild the economy—and its relationship with Indigenous peoples

McInnes Cooper

In “Predicting the Claims Landscape Post COVID-19,” the firm predicts how the pandemic may affect claims relating to motor vehicle accidents, business interruption, long-term care, cyber coverage and other claims as Canada adapts to a new normal.

BCF LLP

In “Temporary Foreign Worker Program: Priority to Certain Occupations Considered Essential,” the firm updates the occupations that are deemed essential by the Quebec government as of June 10.

Other resources:

• How to Avoid Penal Liability in Your Post-COVID Activities
• Does Your Company Have Continuous Disclosure Obligations in the Securities Industry? You May Be Eligible for an Extension
• Details on Canada Emergency Commercial Rent Assistance (CECRA)

Aird & Berlis LLP

In “What’s My Limitation Period Again? Update on the Suspension of Limitation and Time Periods During the COVID-19 Crisis,” the firm addresses which limitation periods and time periods are impacted by Ontario’s emergency measures and gives suggestions on how litigants can prepare themselves for further changes.

Other resources:

• The Plan to Reopen the Tax Court and the New Fast Track Settlement Conference System
• Ontario Government Introduces Infectious Disease Emergency Leave
• CRA Resumes Audit Activity

Goodmans LLP

In “Back to Work in the Wake of COVID-19: A Step-by-Step Employers Plan for Reopening Ontario Workspaces,” the firm seeks to guide employers through the process of reopening their businesses and welcoming back their employees to their workplaces.

Other resources:

• Amendments to Employment Standards Act, 2000 Provide Temporary Relief to Employers From Termination and Severance Obligations due to COVID-19-Related Wage or Hours Reduction
• Canadian Securities Regulators Extend Deadlines for Filings due by August 31, 2020

Lawson Lundell LLP

In “Managing Employees’ Return to the Workplace,” the firm discusses how employers can deal with the possible responses of their employees to return-to-work directives. These responses include the employees refusing to return to work because they are scared of contracting the COVID-19 virus, because they are prevented by their personal circumstances or because they prefer to remain at home.

Other resources:

• Do You Have a Cough? What Can I Ask Customers and How Do I Protect Their Privacy?
• Foreign Investment Review – A Warning in the Time of COVID-19
• The Effect of COVID-19 on Contractual Obligations Set to Take Place Later in 2020

Langlois lawyers, LLP

In “Bill 61: Acceleration measures for certain public projects in order to restart Quebec’s economy,” the firm analyzes the drafted bill as of June 3. The bill introduces measures that aim to mitigate the impact of the public health crisis and to reopen the economy of Quebec.

Other resources:

• Governance: ethical awareness and leadership are essential elements in the post-crisis period
• Will all your employees be needed when businesses reopen? If not, the legal framework for collective dismissals should be considered
• Change management post-COVID-19

Field Law

In “Exceptions, Resumptions and Some Restrictions: Canada-US Border Update,” the firm covers recent trends and developments in the immigration landscape in the context of the COVID-19 crisis.

Other resources:

• What to do When an Employee Resigns after Being Recalled to Return to Work
• Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”
• Virtual Witnessing of Wills in Alberta Not so Clear

Lerners LLP

In “Good News for Employers … For Now: The Impact of Ontario’s New Employment Standards Act Regulation,” the firm provides insight on the potential effects of the Infectious Disease Emergency Leave recently announced by Ontario.

Other resources:

• Update on Suspension of Limitation Periods and Procedural Deadlines
• Spousal Woes Due To The Pandemic
• Navigating Family Law in the Greater Toronto Area Courts in the COVID-19 Era

Blaney McMurtry LLP

In “Employing Temporary Foreign Workers in Agri-Business During COVID-19,” the firm talks about how the federal government has momentarily relaxed the requirements for temporary foreign workers in certain industries, with the aim of promoting food security amid the COVID-19 pandemic.

Other resources:

• Government Announces Details of Rent Assistance Program for Small Business Tenants [Update]
• Blaneys Partner Lou Brzezinski is quoted in The Logic’s article "COVID-19 roundup: Has the pandemic's economic impact peaked?" on the current state of insolvencies in Canada and what is to come
• Eye on Intellectual Property in Uncertain Times