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Articles by Michael Dickie
Read First, Tick Second
A recent decision from the Supreme Court of New South Wales is a timely warning for consumers and businesses of the importance in reading terms and conditions before they are signed. Michael Hill Jeweller (Australia) Pty Ltd (Michael Hill) has been ordered to pay AUD $2,259,971.40 (plus interest and costs) to its packaging supplier Gispac Pty Ltd (Gispac), for breaching the supplier's terms and conditions.
Supreme Court Mainzeal decision: Lessons for directors' duties
The Supreme Court has released its long awaited judgment in the Mainzeal case (Yan v Mainzeal Property and Construction Limited (in liquidation) [2023] NZSC 113), ruling that the four directors of what was one of New Zealand's biggest construction companies breached their duties as directors, and are liable for payment of the sum of $39.8m plus interest to the liquidators. Background Facing an increasing number of leaky building claims, Mainzeal's financial position was precarious.
Read first, Tick second: The importance of understanding contract terms and conditions
A recent decision from the Supreme Court of New South Wales is a timely warning for consumers and businesses of the importance in reading terms and conditions before they are signed. Michael Hill Jeweller (Australia) Pty Ltd (Michael Hill) has been ordered to pay AUD $2,259,971.40 (plus interest and costs) to its packaging supplier Gispac Pty Ltd (Gispac), for breaching the supplier's terms and conditions.
Michael Dickie from Cavell Leitch Author Profile Page
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Supreme Court Mainzeal decision: Lessons for directors' duties
The Supreme Court has released its long awaited judgment in the Mainzeal case (Yan v Mainzeal Property and Construction Limited (in liquidation) [2023] NZSC 113), ruling that the four directors of what was one of New Zealand's biggest construction companies breached their duties as directors, and are liable for payment of the sum of $39.8m plus interest to the liquidators. Facing an increasing number of leaky building claims, Mainzeal's financial position was precarious.
Upcoming changes to the Fair Trading Act
Background In August 2021, Parliament enacted a number of amendments to the Fair Trading Act 1986. Some minor changes were of immediate effect, with major changes coming into force from 16 August 2022. A key change coming into force this year is an extension of existing protections against unfair contract terms. What's changing? Previously, such protections have prohibited the inclusion of unfair contract terms in standard form consumer contracts.
COVID-19 - Changes to the Overseas Investment Act - Immigration - New Zealand
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COVID-19 - Further government proposals to support businesses - Corporate/Commercial Law - New Zealand
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COVID -19 - Small business cashflow loan scheme - Coronavirus (COVID-19) - New Zealand
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Women Against Multiple Sclerosis luncheon comes to Ottawa, honours PwC partner Ellen Corkery-Dooher | Ottawa Business Journal
A well-respected partner with PricewaterhouseCoopers LLP who went public last year with her multiple sclerosis condition was honoured Friday at an inaugural luncheon hosted by the MS Society of Canada. Ellen Corkery-Dooher was recognized for both her contributions to her workplace and to her community at the Women Against Multiple Sclerosis (WAMS) Luncheon, held at the Ottawa Conference and Event Centre.
Ontario Liberals win pair of provincial byelections in Ottawa area
The Ontario Liberals won two Ottawa-area byelections in convincing fashion Thursday night, hanging onto the ridings with more than 50 per cent of the vote. Stephen Blais won Orléans for the party while Lucille Collard took Ottawa-Vanier. While the party was expected to hold the ridings heading into the vote, interim Liberal Leader John Fraser said the results send a message.
BDO Canada acquires Ottawa's Lixar | Ottawa Business Journal
An Ottawa-based software and data analytics company with a roster of big-name clients that includes NASCAR says it’s revving up for a major expansion after being acquired by one of the country’s largest professional services firms. Lixar, which employs more than 80 people at its headquarters on Coventry Road and an additional 120 in four other cities, said Friday it’s been acquired by BDO Canada in a deal that will officially close on Monday. Financial terms of the transaction were not released.
Biotech accelerator expands to Brockville
The Leeds Grenville area has received a big boost for its industrial sector from a federal government business accelerator. Bioindustrial Innovation Canada (BIC) has opened an office near the city of Brockville with the goal of attracting green and clean biochemical companies to the area.
Swedish telecom Ericsson setting up 5G research lab at Carleton University
Carleton University president Benoit-Antoine Bacon (left) shakes hands with head of Ericsson Ottawa Marcos Cavaletti at the launch of the two organizations' formal partnership on Friday. Photo by Mark Holleron Swedish tech giant Ericsson is bringing its networking equipment and expertise to Carleton University, where the two organizations will seek to prepare a new generation of engineers for the next generation of wireless internet.
14th Annual Foodie Fundraiser for Harmony House helps women, children rebuild violent-free lives | Ottawa Business Journal
What’s red and white and delicious all over? How about the wine and foodie fundraiser for Harmony House, the only second-stage shelter in the region that provides safe, affordable and transitional housing for women and their children who have escaped abusive relationships. It held its 14th Annual Red and White fundraiser on Thursday night at the Horticulture Building at Lansdowne, bringing together a sold-out crowd of 250 people.
Ottawa children’s retailer Mrs. Tiggy Winkle’s closing up shop after 43 years
An iconic Ottawa toy and games retailer is packing it in after more than four decades in business. Mrs. Tiggy Winkle’s announced via a Facebook post Wednesday that it would shutter its Ottawa locations in March. The Ottawa brand started store-closing sales at its Westboro location last week, but confirmed Wednesday that its flagship store in the Glebe would close as well.
Ottawa-based Telesat earnings steady ahead of 'huge' DND contract opportunity
Dan Goldberg, Telesat CEO and Ottawa's 2019 CEO of the Year. Photo by Mark Holleron Telesat said Thursday its steady-as-she-goes fiscal 2019 is setting the stage for major growth as the Ottawa-based company prepares to roll out new satellites designed to provide high-speed internet service in the most remote parts of the world. The global satellite maker reported revenues of $911 million for the fiscal year ending Dec.
Seeking cleantech ‘breakthrough’, Ottawa’s GBatteries lands up to $3M in funding
An Ottawa startup’s bold quest to charge electric vehicles in a fraction of the time offered by traditional methods is getting a boost from a public-private initiative. GBatteries announced this past week it will receive up to $3 million in funding through the Breakthrough Energy Solutions Canada program. The initiative is backed by Natural Resources Canada, BDC and Breakthrough Energy Ventures, a fund that aims to advance clean energy innovation in Canada.
Power issues, mechanical breakdowns hamper Ottawa LRT line during snowy Thursday commute
Many transit riders in Ottawa were left out in the cold during a heavy snowstorm after serious power issues on the city's light-rail system slowed service to a snail's pace Thursday. The system needs 13 trains to run at full service but at some points during the morning rush hour only six were working – leaving thousands of passengers with a long and crowded commute.
Rogers chief executive 'implores' CRTC not to change rules for wireless industry
The CEO of Rogers Communications Inc. says that Canada's wireless industry has not fully matured and still needs "careful nourishing" as it makes huge investments in fifth-generation networks. Rogers chief executive Joe Natale told a regulatory hearing Wednesday that his company needs regulatory certainty to make further 5G investment bets – and warned that they may be at risk if the rules are changed at this time.
Massive renovation to Centre Block needs to find space for dozens more MPs
The experts overseeing the massive restoration of Canada's largest Parliament building have to find out a way to cram more than 100 additional MPs into the House of Commons without compromising its architectural heritage. A House of Commons committee Tuesday heard updates on the ongoing overhaul of Centre Block, which began more than a year ago and could last until well into the 2030s. PCL and EllisDon are acting as general contractors on the project in a joint venture.
Who's winning federal contracts in Ottawa-Gatineau?
ADRM Technology consulting group 1052 St Laurent Blvd. Informatics and professional services Buyer: Transport Canada $3,463,833 Mindwire systems 308-1545 Carling Ave.
After record year, Kinaxis targets coronavirus supply chain disruptions
Shares of Kanata-based Kinaxis () surged Wednesday as the company announced record annual earnings alongside an overseas acquisition. Kinaxis, which develops software to help large enterprise customers manage their supply chains, surpassed its financial guidance for fiscal 2019. The company had already increased its guidance to as high as $190 million following a strong third quarter, but ended up pulling in $191.6 million in revenues over the full year ending Dec. 31, 2019.
Ottawa’s Martello Technologies hits $1M in monthly recurring revenues
Martello Technologies (TSX-V:MTLO) reached a sizable milestone in its subscription services segment as the Kanata-based company pursues opportunities in new sales channels. Martello, which develops software to maintain the performance of cloud-hosted services, reported revenues of $3.4 million for the three-month period ended Dec. 31, an increase of nine per cent year-over-year. Growth was even higher on the recurring revenue side, which was up 28 per cent to roughly $3 million in the quarter.
Ottawa among six tightest downtown office markets in North America: CBRE
A lack of available office space in Ottawa’s downtown core ranks Canada’s capital among the hardest cities in North America for tenants to find centrally located real estate, according to a new report from CBRE. In the real estate services firm’s 2020 forecast, CBRE notes that Ottawa’s downtown core, which currently sports an office vacancy rate of 6.5 per cent, is among the six tightest markets in North America.
Price ceiling on the rise in Ottawa luxury market, realtors say
Million-dollar home transactions in the nation’s capital used to be almost as rare as a unanimous vote in the House of Commons, but times have changed. When Nancy O’Dea, a sales rep for luxury real estate firm Engel & Volkers, started in the business 15 years ago, the city’s only seven-figure properties were in tony neighbourhoods such as Rockcliffe Park and Rothwell Heights.
Arnprior's growing population spurs Lyft's expansion to Ottawa Valley
Rob Woodbridge (centre), Lyft’s General Manager for Ottawa, with Chief Administrative Officer Robin Paquette and Mayor Walter Stack. Photo via Lyft The need to increase transportation options within a growing community played a big role in Lyft’s expansion of service to Arnprior, the ride-sharing service’s Ottawa general manager said Tuesday. “The town is spreading out, there is now an east and a west and a north and a south,” said Rob Woodbridge.
Ottawa multi-family market sees $587M worth of transactions in 2019: Colliers
Activity in Ottawa’s multi-family residential market continues to heat up along the light-rail transit line, according to a new report from Colliers International. Some $587 million worth of multi-family property changed hands over the course of 2019, the real estate services firm said in a recent report focused on Ottawa’s apartment, condo and multi-family development markets.
Protesters march in Ottawa as police clear rail blockade on Tyendinaga Mohawk Territory
Stock photo used for illustrative purposes only. Several protesters were detained Monday morning as provincial police moved in to clear a rail blockade on Tyendinaga Mohawk Territory in Central Ontario that has brought freight and passenger rail traffic to a virtual standstill. The arrests came hours after the protesters ignored a midnight deadline by police to leave their encampment near Belleville, Ont., or face criminal charges.
No fees for buskers in Ottawa LRT stations, city says
The City of Ottawa opened applications Monday for performers interested in entertaining riders along the LRT line – a gig that won’t leave buskers pinching pennies to break even on the permit. Musicians can now apply to OC Transpo’s busking program for a chance to perform at LRT stations along the Confederation Line. The opportunity falls under the city’s music strategy, which aims to promote local performers and boost Ottawa’s overall arts industry.
Prospectus: OBJ expands its scope to Eastern Ontario
It was arguably the best business meeting I’ve had in years. (Apologies to the CEOs I meet every week. They’ll soon understand my rationale.) On the way down to Cornwall to meet economic development officials, my colleague Terry Tyo and I planned a quick stop at Olymel. I recognized the company name, but didn’t know much about its operations. Its expansive plant in a business park just east of Cornwall was a sight to behold.
A wonderland of fun at Ottawa Children's Gala for CHEO
It's lucky for Alice she didn't seriously hurt herself falling down that rabbit hole, but there's comfort in knowing the Children’s Hospital of Eastern Ontario is always there for kids when they do suffer falls and other such accidents. Alice and her zany collection of friends played a starring role in this year’s Ottawa Children’s Gala, held Saturday night at the Infinity Convention Centre.
Loblaw readies massive expansion to Cornwall distribution centre
When grocery and retail giant Loblaw announced in January that it would shutter warehousing operations in Ottawa and Laval while expanding them in Cornwall, many saw it as a corporate restructuring and jobs lost to automation. But that simplistic narrative misses a powerful story of how Cornwall grew to become one of Eastern Canada’s major warehousing and distribution hubs.
Best Offices Ottawa: Beyond the walls
Tucked just off Baseline Road, Mercury Filmworks’ new headquarters displays both a restrained professionalism as well as the wild creativity that’s driven the animation powerhouse for more than two decades. Now housed on three floors in the Qualicum Centre, Mercury’s office features black and white walls and carpeting that’s punctuated by bursts of colour and creativity.
Via to partly resume service between Quebec City and Ottawa starting Thursday
Via Rail says partial service is set to resume between Quebec City, Montreal and Ottawa beginning Thursday. Almost all other Via Rail services remain cancelled with the exception of Sudbury-White River and Churchill-The Pas, until further notice. Via trains have been disrupted by protests by people showing solidarity with the hereditary Wet'suwet'en chiefs opposing the Coastal GasLink project. Protestors have blocked rail lines across the country and disrupted freight and passenger traffic.
Ottawa’s Calian increases planned financing round to $60M
Ottawa’s Calian Group is capping off a banner few weeks with plans to raise $60 million in funding to finance its “organic and acquisitive growth.” The planned public offering of common shares increases a previously announced $40-million round, which is to be underwritten by a group led by Desjardins Capital Markets.
People on the move: Greg Richards to lead Telfer EMBA program with focus on real-world application
Greg Richards is the new executive director of the Telfer School of Management’s Executive MBA Program In a corporate world where big data analytics has become the next big thing, Greg Richards knows that business is still all about people and putting them in the best position to succeed.
30th annual Ski For Kids reaches new heights with $406K raised for CHEO, Children's Aid Foundation
Well, look who’s gone and grown up — Ski For Kids. It’s been 30 years since the fundraiser for the CHEO Foundation and Children's Aid Foundation of Ottawa first starting helping children in our community. The downhill ski charity event takes place at Mont Ste. Marie ski resort, about an hour north of the nation’s capital.
Industry, passengers left stranded as anti-pipeline blockades shut rail service
Blockades set up by anti-pipeline protesters have forced Canadian National Railway Co. to shut down its entire network in Eastern Canada and Via Rail to cancel passenger service across the country. CN said Thursday that the company must initiate a "disciplined and progressive" shutdown in the East and stop and safely secure all transcontinental trains across its Canadian network. Via Rail said it has no other option but to cancel all service on CN track in Canada.
Canopy Growth says more cost cuts coming as it reports $124.2M loss
Canopy Growth Corp. says it's planning further cost cuts as it reported a $124.17-million loss in its third quarter of 2020, though that was less than analysts had expected. The cannabis company says it lost 35 cents per share in the quarter ending Dec. 31, compared with earnings of $74.86 million or 22 cents per share for the same quarter last year. The loss was on revenue of $135.55 million, compared with revenue of $97.7 million for the same quarter last year.
Confidential Cabaret arts benefit for GCTC and Ottawa Arts Council is full of laughs and surprises
There was plenty of intrigue in the air Wednesday night as theatre lovers arrived to the Great Canadian Theatre Company for an arts benefit show that presented several unknown factors, like who was going to be performing, what were they going to be performing, and would they even be any good? Confidential Cabaret, a fundraiser for the GCTC and Ottawa Arts Council, saw a cast of Ottawa-based musical theatre dynamos sing for their first time together, without any prior group rehearsals.
Via Rail extends train cancellations between Ottawa and Toronto to Friday
Via Rail has extended train cancellations on major routes in Ontario and Quebec as protests against a pipeline in northern B.C. stretched into a sixth-day on Wednesday, forcing slowdowns on a major downtown road in Ottawa. Passenger and freight rail services have been hit particularly hard by the protests as demonstrators erect barricades on lines in different parts of the country.
StubHub to pay $1.3M penalty in misleading price claims case
StubHub Canada Ltd. and StubHub Inc. will pay a $1.3 million penalty for making misleading pricing claims and will ensure costs for Canadian events it sells tickets to are posted with their mandatory fees. The penalty is part of an agreement the entertainment and sport ticket reseller made through the Competition Tribunal after the Competition Bureau discovered StubHub advertised tickets at “unattainable” prices on its websites, mobile apps and in promotional emails to Canadians.
KRP’s eight-storey office in Kanata North gets green light from committee
KRP Properties got the thumbs-up from Ottawa’s planning committee Thursday for an eight-storey office building in Kanata North’s tight commercial real estate market. The Kanata tech park landlord now needs the green light from council to construct a 200,000-square-foot, class-A office tower at 2707 Solandt Rd., northwest of the Brookstreet Hotel. Planning committee approved KRP Properties’ application to raise the height limits on the site from 22 metres to 44.
Police Chief Peter Sloly calls Ottawa business community an ‘important partner’ at Mayor’s Breakfast
Ottawa’s business community is a “hugely important partner” to the Ottawa Police Service, according to its new chief, Peter Sloly. Sloly, a 27-year veteran of the Toronto Police Service, spoke to an audience of business and community leaders on Thursday morning during the first installment of the Mayor’s Breakfast Series in 2020.
Via Rail cancels Ottawa-Toronto trains until end of day Thursday amid pipeline protests
The RCMP has formally ended its enforcement operations in a region of northern B.C. that's at the centre of a pipeline dispute as protests across the country continue to cause disruptions, most notably to Canada's rail network. The economic impact of the demonstrations began to crystallize Tuesday as Canadian National Railway Co. warned it will have to close "significant" parts of its network unless blockades on its rail lines are removed.
Shopify reports Q4 profit of US$771,000, revenue up 47 per cent from year ago
Shopify Inc. reported a profit of US$771,000 in its latest quarter compared with a loss of US$1.5 million in the same quarter a year earlier as its revenue grew 47 per cent. The Ottawa-based company, which keeps its books in U.S. dollars, says the profit amounted to a penny per share for the three-month period ended Dec. 31 compared with a loss of a penny for the last three months of 2018.
City council votes unanimously to pull curtain back on phase two LRT procurement
Ottawa city council came together Wednesday in an effort to uncover more information on the controversial procurement process to construct phase two of light-rail transit. City council voted unanimously to make public documents detailing the decision to allow TransitNEXT – a subsidiary of SNC-Lavalin – to remain in the running for a contract to extend the north-south Trillium Line despite submitting a bid that contained serious flaws, according to recently released documents.
Cineworld owner reveals Cineplex plans as company says Q4 profits have fallen
Cineplex Inc. won't be changing its name, but the theatre chain will probably see some job losses, the company's likely new owner says. Cineworld PLC chief executive Moshe (Mooky) Greidinger said in an interview with The Canadian Press that he expects he'll have to shake up some elements of the Toronto-based company that he has made a $2.8-billion takeover bid for, but working out the exact details will take time.
Shopify confirms new Ottawa R&D centre as stock soars following Q4 profit
Shopify confirmed plans Wednesday to open an Ottawa-based R&D centre to trial new robotics and fulfilment technologies as the company reported a rare profit in its fourth-quarter earnings. Shopify's stock skyrocketed to a record level Wednesday morning after the e-commerce company reported 47 per cent revenue growth compared with the same quarter last year. Ottawa’s e-commerce giant saw its stock spike by more than 17 per cent to reach $771.81 in early morning trading on the TSX.
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