CRA Claim Gilbert vs Sequel

Administrative, Council, News

Gilbert CRA Claim – Employee not Subcontractor

Background: 2020 Sequel Contract with Scott Gilbert

Gilbert CRA Claim: Strata Documents

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  1. Email from Insurance Company, October 03, 2022 – 5 pages

    Email from Patrick N Corrado, Senior Supervising Claims Attorney, Great American Insurance Company
    “The Policy provides coverage for Claims, first made during the Policy Period, for Wrongful Acts, committed or allegedly committed by an Insured, as those terms are defined by the Policy. The Policy provides a $2 million aggregate Limit of Liability. We are evaluating coverage for this matter under the Policy Period for January 1, 2022 to January 1, 2023.”

     

  2. CRA Ruling, December 30, 2022 – 2 pages

    CRA Decision: We ruled that, for the period under review, Scott Gilbert was an employee and the employment was insurable and pensionable under paragraphs 5(1)(a) of the Employment Insurance Act and 6(1)(a) of the Canada Pension Plan.

    CRA Explanation: When we examined whether Scott Gilbert was an employee or a self-employed individual, we looked to see if he was engaged to carry out services as an employee or as a person in business on his own account. The first thing we looked at was the intent with respect to the working relationship. In other words, did you intend to have an employer-employee relationship or did you intend to have a business relationship? We then examined the actual terms and conditions of the working relationship to see if they reflected the intent.
    • We looked at the following:
    – the level of control The Owners of Strata Plan EPS3084 had over the worker’s activities
    – whether the worker provided the tools and equipment
    – whether the worker could subcontract the work or hire assistants
    – the degree of financial risk the worker took
    – the degree of responsibility for investment and management the worker held
    – the worker’s opportunity for profit
    – any other relevant factors, such as written contracts
    Based on these factors, we determined he was an employee.

     

  3. CRA Decision Reasoning For Decision Report,  January 23, 2023 – 20 pages

    Fascinating play by play as to how the CRA made their decision.

     

  4. Email Miroslav to Council and Lawyer March 14, 2023 – 2 pages

    Confirmation that the appeal was submitted online on March 14.

     

  5. CRA Confirmation of Dispute Received March 14, 2023 – 3 pages

     

  6. CRA Confirmmation of Document Upload Received March 14, 2023 – 2 pages

     

  7. Gilbert CRA Sequel Appeal of CRA Decision, 2023 – 94 pages

    Interesting reading and some wild photos and video.

** Video: Scott Gilbert Stealing council member’s phone – The court ruled Scott Gilbert guilty and banned him  building.

** Video: Scott Gilbert van taking down the loading bay gate and damaging it at 4am in the morning.

 

These are all the documents I received from council. So I’m guessing that Sequel is waiting for the CRA to rule on the Appeal. But who knows because we do not hear anything from council excpet vague references in the Minutes. When I know more I will post it.