Business

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The Tale of Two Employment Contracts

With Thanksgiving behind us, we are turning our minds to the Christmas holidays and closing out the 2019 calendar year. As an employer, do you provide holiday or annual bonuses? If yes – the Ontario Court of Appeal released a further decision to its decision in Manastersky v. Royal Bank of Canada, 2019 ONCA 609 that I discussed in an earlier article. The most recent OCA decision on bonuses is Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679. Where the Manastersky decision taught us that a well-crafted bonus plan can insulate an employer from liability in respect of bonus plan payout to former employees, the Andros decision underscores what happens when your employment contracts are not well-crafted.

The rise of Chateau des Charmes

Paul Bosc Sr. arrived in Canada from France in the early 1960s. He settled in Montreal and took a job with the liquor board. A fifth-generation French winegrower, Bosc knew a thing or two about wines and it quickly became apparent that Canada did not produce good wine. “Canada didn’t really have professional winemakers,” said Bosc. Not even 30 years old at the time, Bosc was often giving advice on winemaking. “I was lucky they had problems because I could fix them. They thought I was a genius, I wasn’t,” he said with a laugh.

Chamber announces expansion of Trade Accelerator Program to Niagara

The Greater Niagara Chamber of Commerce (GNCC) recently announced the launch of the Trade Accelerator Program (TAP) in Niagara. Winner of the 2018 Ontario Export Award for Export Excellence, TAP will debut locally on November 18th with an intensive two-day workshop to orient participating companies to the program. Operated in partnership with the Toronto Region Board of Trade’s World Trade Centre Toronto, TAP is an innovative, dynamic workshop that provides companies with access to Canada’s top exporting advisors, resources and contacts, giving them the training and support they need to scale up, develop and execute an export plan.

What’s in a Resume?

The contents of a job applicant’s resume are - and should always be – the starting point in your company’s recruitment process. Few applicants know or care that lying on a resume constitutes cause for the termination of their employment when it is discovered if it means they get the job. The “cause” arises from the fact that all employment relationships are built on trust. If employment is offered based on employee misrepresentations, the trust necessary for continued employment is breached and a serious character flaw is revealed that also undermines the necessary bonds of trust.

On corporate welfare, Scheer breaks from the pack

Last week, before any Canadian was debating dubious prime ministerial dress-up hobbies, Conservative Leader Andrew Scheer’s came out with a pledge to eliminate $1.5 billion in federal corporate welfare spending. It’s only scratching the surface of the issue, since by some estimates total annual federal subsidies to business are in the range of $14 billion. But $1.5 billion is also nothing to sneeze at – it’s the equivalent to the tax bills of 100,000 average-income Canadian households put together.

Chambers host binational business mixer

Ross Romano, Minister of Training, Colleges and Universities was in Niagara this week holding a roundtable with local business owners. The Minister then attended the South Niagara Chambers of Commerce annual Niagara Networks Showcase. Minister Romano met with a select group of Niagara business owners to talk specifically about the labour shortage that Niagara businesses continue to wrestle with. South Niagara Chamber CEO Dolores Fabiano said members and Chamber staff have been working on the issue for the better part of a year. “We’ve been working with the other Niagara Chambers and we’ve come up with some action items that we think will help and so we wanted to meet face-to-face with the Minister to share our thoughts and get his feedback.”

What’s in a Bonus?

In the employment context bonuses can either be discretionary or non-discretionary. A discretionary bonus is completely unexpected. Unexpected as to timing, dollar value and kind of performance needed to receive one. They have no established formula, are not part of an employee’s contract, there is no expectation to receive one regularly and as such it does not constitute either a meaningful or expected part of an employee’s total compensation package.

Niagara tech company nationally recognized

A couple of weeks ago Caddle CEO and Niagara native Ransom Hawley received an email with some exciting news but he wasn’t allowed to share it until yesterday. Hawley was informed that his four-year old tech start-up was named by Canadian Business and Maclean’s to the 2019 Startup 50 ranking of Canada’s Top New Growth Companies. Caddle was ranked 35th. Caddle is like a 21st century focus group. It’s an app that can be downloaded to your smartphone. Essentially there are users on one side and brands on the other. The users take a few moments to watch a brand’s video, take a short survey or watch an ad. In return the user gets cash back and the brand gets critical market intelligence. “Almost everyone has a smartphone so it is a much faster and less expensive way for brands to collect market research data,” said Hawley.

The problem of “Dark Money”

Eyebrows were raised this week when an American group gave $2 million US plus unspecified “expert resources” to Tzeporah Berman, the Vancouver-based campaigner who has made a lucrative career out of working with her U.S.-based advisors to kneecap the Canadian resource economy. Berman’s latest assignment, according to the American group channeling the money to Berman, is to “engineer a large reduction in new oil and gas development that will ensure huge amounts of carbon stay un-combusted and out of the atmosphere.” In reality, the best Berman can hope for is to harm the prospects of Canada. Few other countries in the world are as willing as we are to host foreign incursions that mischaracterize the nature of energy development.

Swapping cement for hemp in construction industry

The hemp fields sprouting in a part of Canada best known for its giant oil patch show how climate change is disrupting the construction industry. Six years after setting up shop in the shadow of Calgary’s tar sands, Mac Radford, 64, says he can’t satisfy all the orders from builders for Earth-friendly materials that help them limit their carbon footprints. His company, JustBioFiber Structural Solutions, is on the vanguard of businesses using hemp -- the boring cousin of marijuana devoid of psychoactive content -- to mitigate the greenhouse gases behind global warming.