Business

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Kemps earn success on and off the court

From the locker room to the board room, Jessica Kemp and her younger brother Michael have had a tremendous amount of success. The siblings are extraordinary athletes, both attended U.S. colleges on athletic scholarships, Jessica for basketball and Michael for baseball (he would eventually transfer to Brock and play basketball for the Badgers). Both have followed in their parent’s footsteps off the court running a highly successful financial planning firm that bears the family name – Kemp Financial. Jessica Kemp played basketball locally at A.N. Myer in Niagara Falls before heading across the river to continue her hoops on the hardwood at Niagara University in Lewiston, New York. She had a stellar career playing in the Metro Atlantic Athletic Conference (MAAC) as a Purple Eagle. She excelled on the court and in the classroom earning an MBA along with her impressive on-court statistics. In fact, in recognition of her academic and athletic success at Niagara University her name will be added to the MAAC Honor Roll at the Basketball Hall of Fame in Springfield, Mass. on Sept. 14.

Is federal carbon tax killing jobs? Experts say answer isn’t ‘black and white’

The Saskatchewan government says the federal carbon tax is killing jobs, but experts and even the province’s trade minister say it’s not that easy to calculate. The government reports that jobs are down in the oil and gas sector by about 1,400 and by another 1,500 in mining compared with July 2018. The province brought in its own tax on excess emissions from heavy industry in January, but consumers became subject to the federal carbon tax in April, because Saskatchewan did not have its own pricing deemed acceptable by Ottawa. The province is taking its challenge of the federal tax to the Supreme Court.

The $30 Billion Exodus: Foreign Oil Firms Are Bailing on Canada

Capital keeps marching out of Canada’s oil industry, with Kinder Morgan Inc.’s sale of its remaining holdings in the country on Wednesday adding to more than $30 billion of foreign-company divestitures in the past three years. Pembina Pipeline Corp., based in Calgary, is snapping up Kinder’s Canadian assets and a cross-border pipeline in a $3.3 billion deal. For Houston-based Kinder, the deal completes an exit from a country that has frustrated more than a few companies — from ConocoPhillips and Royal Dutch Shell Plc to Marathon Oil Corp.

The Enemy Within

Employees may have access to information that is confidential or personal about policies, decisions or other persons in or connected to their workplaces that are not intended for public consumption. In light of this access, proactive employers have confidentiality and other nondisclosure covenants in their employment contracts. But what if an employee breaches such a covenant and goes to the media or vents their employment frustrations on social media resulting in defamatory conduct against the employer, its employees or its customers?

Economics News Worsens

While many Canadians are focused on the continuing amateur hour going on in Ottawa, where Justin Trudeau was just found yet again in violation of ethics laws, the economic news is getting decidedly grim. And although Trudeau seems to feel he is not bound by the same laws that apply to the rest of us mere mortals, there are few if any politicians that don’t find themselves ultimately beholden to the immutable laws of economics. Trudeau is no exception, and more’s the pity for Canada. Many economic indicators have turned south in recent months, with a loss of 25,000 jobs in Canada in July. This was the second consecutive month of job loss. We have also experienced a weakening Canadian dollar, turmoil in stock and bond markets, and slowing growth in key powerhouse economies around the world such as Germany and China. Add the US-China trade war into the mix and all of the uncertainty for businesses and investment that creates, and we have a perfect storm of economic bad news. Recessions tend to come around every decade or so, and as the last recession took place in 2008, the global economy is ripe for a downturn.

All in the family

It was March 10, 1968. That’s when the Nitsopolous family moved to Toronto where they would begin a new life in Canada and a journey that would eventually take them to St. Catharines where they would become one of the most successful business families in the city’s history. “In our third year in Toronto we bought a house and in our fourth year we bought a business,” explained Angelo Nitsopolous the third oldest of the five brothers that include from oldest to youngest; Chris, John, Jimmy and Peter. The business, as Angelo describes it, was a chicken burger joint. It would be a sign of things to come as the brothers would soon launch themselves into the restaurant and hotel industry in a city located down the QEW. It was a good start considering their father arrived with just $300 in his pocket.

What is exceptional?

While apparently not litigated in Dussault v. Imperial Oil Ltd., [2019] O.J. 2800, discussed in my last article, the Ontario Court of Appeal (OCA) in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (CanLII) has re-established that absent “exceptional circumstances” there is generally a 24-month cap on reasonable notice periods. In doing so the OCA overturned and reduced the trial judge’s award of 30 months of reasonable notice to 24 for a 62-year old senior executive with 37 years of service, a person whom under the recent line of cases the trial judge noted would have been awarded 36 months if he asked for it. The court also reversed the recent line of cases that broke through the general 24-month cap that had been in place for decades – and which some touted as demonstrating that the law had evolved to eliminate this general cap.

Washuta never wasted an opportunity

What started out as a seasonal paving company has turned into one of the largest and most successful waste management companies in North America. Steve Washuta (who passed away in 2008) moved to Niagara from Saskatchewan in the middle of the twentieth century to join his family. There were four Washuta brothers in total (one of the brothers’ son Greg Washuta was a long-time St. Catharines city councillor) and Steve went to work for his older brothers at their sand and gravel operation. Then he rolled a company truck and his brothers promptly fired him.

To accept or not accept? Employees’ Duty to Mitigate Upon the Sale of a Business

What happens to employees when a company sells its business but neither party wants to fully take on all of the liabilities associated with the current employees? This often happens in relation to the reasonable and statutory notice of employees “bag” without the parties truly knowing “who” should be left holding this bag. With long serving and higher-level employees, this bag can be quite hefty.

When “Bob’s your Uncle” isn’t a good thing!

As we are aware, family owned and operated businesses involve two or more family members having the majority of ownership and control over a business. Such business likely are the oldest form of business and sources of workplace conflict given the intertwining of work lives, personal lives and family dynamics.