Saturday, November 07, 2020

Jared Kushner's Company Reportedly Moves To Evict Hundreds As Pandemic Rages


Kushner's Westminster Management is starting the eviction process, even though tenants are protected by a COVID-19 moratorium.



By Mary Papenfuss, HuffPost US
An apartment management company co-owned by White House senior adviser Jared Kushner has taken action in court to evict hundreds of tenants whose finances have taken a hit from COVID -19, The Washington Post reported Thursday.

Westminster Management has moved against largely low- and middle-income tenants in the Baltimore area, many of them Black, whose apartments are managed by the company, according to the Post.

A state moratorium protects tenants against evictions as people struggle with loss of jobs during the pandemic. A federal moratorium for government-supported housing, which includes some run by Westminster, also offers tenant protections during the crisis.

But Westminster, which manages some 20,000 apartments, and other management companies are eager to get started on the process against tenants with past-due rent.

One resident of a Westminster-managed apartment Tashika Booker, told the Post she lost her job working for an online education company because of the pandemic. She said she’s struggling to pay rent as she seeks other work.

Westminster, part of the Kushner family’s Kushner Cos., said in a statement that Westminster’s actions are fully compliant with state and federal eviction bans.

Jared Kushner said he gave up managing Kushner Cos. when his father-in-law, President Donald Trump, made him a senior White House adviser. But he maintained his ownership in the company. He earned $1.69 million from his stake in Westminster last year, according to his financial filings.

Westminster is currently fighting a lawsuit by Maryland Attorney General Brian Frosh, which accuses the company of violations concerning tacked-on fees and poor housing conditions.

Months before the suit was filed, Trump slammed the Baltimore congressional district represented by the late Democratic Rep. Elijah Cummings’ (D-Md.) as a “disgusting, rat and rodent infested mess.”

Kushner properties in the area at the time had racked up hundreds of building code violations. An earlier lawsuit described one Kushner apartment as having a leaking bedroom ceiling, maggots in the living room carpet and raw sewage spewing form the kitchen sink.

As for the suit filed by Frosh, Kushner Cos. managers have denied the charges, and claim the court action is politically motivated.

Kushner last month dismissively blamed Black Americans for their hardships, saying that they must “want to be successful.”

Read the entire Washington Post article here.




Millions of American workers have children. Thanks to the pandemic, we can now stop pretending we don't.

insider@insider.com (Melissa Petro) 


© Melissa Petro 
Melissa Petro works from home while also being a caretaker for her children. 

Melissa Petro is a freelance writer based in New York where she lives with her husband and two small children.

Before the pandemic, she says she often played the role of the "secret parent," struggling to juggle work and family while sensing pressure from her employers to minimize her time spent parenting.

Now as more parents combine childcare with working from home, Petro says the labor of parenthood is no longer invisible or taken for granted.

While the pandemic has made working parents' lives more challenging, this normalization of parenting in the workplace is a silver lining, Petro says.


At Judge Amy Coney Barrett's confirmation hearings for the Supreme Court last week, one Republican after another asked the type of questions parents have been asking each other for the past seven months, if not longer.

"How did you manage through lockdown?" Senator Ted Cruz asked the nominee, undoubtedly expecting little more than the pat response Barrett supplied.

When Senator John Kennedy asked "I am genuinely curious, who does laundry in your house?" he was joking, and many laughed— including Judge Barrett— but as a mom of two, perpetually surrounded by piles of clothes in various states of the laundry life cycle, I am genuinely curious.

No, really, I want answers.

Never mind the laundry, our professional futures are uncertain and we are frightened for our family's safety as we approach what experts predict will be "a very deadly December," with tens of thousands of coronavirus deaths to come.

I fail to see the humor in the fact that even parents who can afford to do so are afraid to hire a babysitter or nanny. Affordable childcare has become even harder to find, with a loss of nearly 4.5 million childcare slots as many US daycares shuttered, including the in-home facility where my husband and I had started sending our toddler to just a few months before lockdown.

Our kids are both young, and so we were relieved from having to choose between in-school and remote learning (which is, by all accounts, a disaster). Other parents in my community had the choice made for them when in-person learning was cancelled due to a coronavirus outbreak, undoubtedly leaving working parents in a sudden lurch.

Beneath the faux admiration and condescending suggestion that mothers are somehow morally superior by nature of our having kids, the increasingly un ignorable reality is that working parents struggle to balance their personal and professional lives— especially families without resources. Especially moms. Especially in the midst of a pandemic.

Barrett smiled politely and demurred— it was, after all, a job interview. But American families like mine are fed up; I, for one, am tired of pretending I've got it all under control.
The struggle to work without adequate childcare is real— and it's no laughing matter

Parenthood shouldn't qualify anyone for any particular position, but it shouldn't disqualify us either— and so often it does.

In 2016 alone, the National Survey of Children's Health found that parents particularly of children aged five and younger had to quit a job, not take a job, or significantly change their job because of problems with childcare. While both men and women can be affected, the fact that many women are still the primary caregivers means it disproportionately falls on us mothers.
Since the birth of my son three years ago, I've been fighting to not become one of these statistics

Without consistent and reliable childcare, my husband and I have tried (and failed) to keep parenting from interfering with our careers. My job as a freelance writer and teacher is important to us both, but his full-time, salaried job provides our family with health insurance and pays the majority of our bills, and so we agree it comes first.

Economist Emily Oster dubbed the phenomenon "secret parenting"— a culture that places work and parenting at odds, and so employees feel the need to hide or minimize evidence of their children in the workplace.

In our household, "secret parenting" meant I watched the kids and managed the house by myself while my husband gave it his all at the office. I finished assignments on my phone from the pediatrician's office and Skyped with students while I distracted my toddler with screen time.

Secret parenting meant shouldering the burden on nights my husband stayed late at the office, and silently resented the work emails he'd field at the dinner table after I'd just spent over 10 hours solo parenting our kids.
The juggling act is hard; the hardest part is pretending it's easy

Working without adequate childcare means letting opportunities pass by. Even when I'm trying to be honest with myself and my employers about my limitations, I frequently miss deadlines and make promises I can't deliver.

Pregnant with my second, I spoke candidly with one longtime employer. Instead of accommodating the situation, they discouraged me from applying for Paid Family Leave and rejected my request for a pay raise. When I refused lower paying assignments, they stopped offering me the more lucrative ones.

So I went back to trying — and failing — to do it all.
Now during the pandemic, the era of secret parenting is over

Yesterday my husband participated in a Zoom meeting wearing a firefighter costume, our two children as well as a neighbor's toddler screaming gleefully in the background. My life has changed a lot in the past seven months.

But so has his.

Instead of taking my once invisible labor for granted, Arran works from home and so we are better able to share the load — and it's impossible to hide from his employers, just as parenthood has been impossible to hide from mine.

Having his help makes it easier for me as a working mother, but it's still not easy. Without hired help, there's simply not enough time in the day. I feel a little selfish and somewhat guilty when I'm off writing while he's watching the kids, as if I'm sitting here watching "Real Housewives" reruns instead of bringing in much-needed income and (just barely) maintaining my career. It's also a fact that his work-time is often interrupted and we're afraid of how it could affect his job performance — and, in turn, affect our family's survival.
There is no 'magic formula'

Feinstein had the gall to ask Barrett for strategies — a "magic formula for how you do it and handle all the children and your job and your work and your thought process, which is obviously excellent."

The question perpetuates the persistent, erroneous belief that these challenges are surmountable if only you work hard enough — if you're smart enough and your thought process is "excellent," you still cannot solve an unsolvable equation.

Long-standing systemic issues and governmental failures have put families — and let's face it, women — in this impossible position. Instead of "it's improv," Barrett should have been honest about the help her family undoubtedly hires, then frankly acknowledged that the resources available to them are unavailable to most.

If there's any silver lining to the past seven months, it's the possibility that restrictions put in place to curb the spread of coronavirus will lead to a normalization of parenting in the workplace. The pandemic has made working parents' lives exponentially more difficult but let's face it, being a working parent has always been a challenge. But working parents — and moms, in particular — are an asset to the American workforce. It's time elected officials stop asking in faux-wonderment how we manage and start asking instead how to help.

Read the original article on Business Insider
Bayer executives buy 2.9 million euros in battered stock after writedowns


FRANKFURT (Reuters) - Bayer's CEO and two fellow executive board members purchased a collective 2.9 million euros ($3.5 million) worth of the German drugmaker's shares after the stock was battered by billions in writedowns, litigation woes and a bleaker profit outlook.
© Reuters/Wolfgang Rattay FILE PHOTO: 
Werner Baumann, CEO of Bayer AG, arrives for the annual results news conference of the German drugmaker in Leverkusen

Bayer Chief Executive Werner Baumann and his wife Corinna purchased a combined 2.45 million euros in shares on Wednesday, according to regulatory filings posted by the company on Friday.

Finance chief Wolfgang Nickl and consumer health head Heiko Schipper also bought stakes worth 154,000 euros and 309,000 euros, respectively, on the same day.

Bayer shares have lost more than a fifth of their value since Sept. 30, when the group warned of billions of euros in impairment charges on agricultural assets and a slight decline in core earnings per share in 2021.

Those writedowns amounted to 9.25 billion euros, the company said when it announced quarterly results on Tuesday, also flagging an increase of around $750 million in the cost of settlement terms with U.S. plaintiffs over its Roundup weed killer.

The litigation over claims that Roundup causes cancer, which Bayer is seeking to settle for more than $11 billion, has also dragged the stock lower.

A Bayer spokesman would not comment beyond the filings.

Top executives are banned from buying or selling stock in their own company in the weeks running up to quarterly results announcements but are free to do so at other times.

(Reporting by Ludwig Burger; Editing by Kirsten Donovan)







Philadelphia Flyers Mascot Gritty Is The U.S. Election Mascot We Need And Deserve

The United States presidential election is down to the wire, as attention turns to the key swing states that will decide the winner. Arizona’s Maricopa County is now a weapon in everyone’s geography trivia arsenal. Georgia is on all of our minds. And we can’t help but wonder what’s taking Nevada so dang long to count.

In Philadelphia in particular, residents are preparing for the impact their city could have on the results. Once the state of Pennsylvania is called — which could come any time now — we’ll know who if former vice-president Joe Biden, who leads there, will secure its 20 electoral votes and, subsequently, win the election.

While Biden has several paths to victory through the swing states, Pennsylvania (and by extension Philly) is looking more and more likely to decide it on Friday. Throughout Thursday and Friday as Philly votes rolled in, U.S. President Donald Trump’s lead in the state began to shrink, eventually flipping to favour Biden early Friday.

And the city is going wild.

Philadelphia is home to a unique culture. It is, of course, a city where they had to grease lampposts with lard to prevent fans from climbing them following the Eagles’ 2018 Super Bowl victory (and here I will disclose that I am an Eagles fan and I 100 per cent would have climbed a lamppost if I could have.)

It’s full of passionate people, and thankfully the city has a figure to embody that passion: Gritty.

For those not in the cult of personality around the NHL’s Philadelphia Flyers mascot, allow me to explain. The large orange monster was introduced as the hockey team’s mascot in September 2018 and quickly adopted as a symbol of socialist and anti-faschist movements, being dubbed “comrade Gritty”.

And now he’s become a symbol of Philadelphia’s possible role in the election and, apparently, the mortal enemy of Trump. 

He’s been memed into “Game Of Thrones’” Olenna Tyrell ...

 …  and as Captain America.

Really, there’s just been a bunch of top-shelf memes out there.

 

An unofficial manifestation of comrade Gritty even showed up at “count every vote” celebrations overnight in Philadelphia. And he knew how to get down. 

On Friday a version of Gritty even showed up in a klezmer band.

Many Gritty fans speculated what role the beast could play in a possible Biden administration, considering Philadelphia’s possible pivotal role in this election. 

Others suggested Gritty should be the true winner of the election.

He is the symbol of this long, chaotic election we need and deserve. Nothing but respect for MY president, Gritty.


CANADA
Ranks of long-term unemployed swell even as economy added 84,000 jobs in October

OTTAWA — Nearly one-quarter of unemployed Canadians have been without work for six months or more, with Statistics Canada reporting a spike in their numbers in October even as the economy eked out another month of overall job growth.
© Provided by The Canadian Press

Almost 450,000 were considered long-term unemployed last month, meaning they had been without a job for 27 weeks or more, with their ranks swelling by 79,000 in September and then 151,000 more in October.

Those unemployed long-term now make up 24.8 per cent of Canada's total, who numbered 1.8 million in October as the wave of short-term layoffs in March in April extended into the fall.

The jumps in September and October are the sharpest over more than 40 years of comparable data, and have pushed long-term unemployment beyond what it was just over a decade ago during the global financial crisis.

More men than women have been out of work for an extended period, and younger workers make up a larger share of the ranks of the country's long-term unemployed than they did in the last recession.

Counting those who want to work but didn't look for a job, a group not included in official unemployment figures, there are about 1.27 million Canadians who have been jobless for at least half a year, down from the 1.3 million in September.

"And they will continue to come down," said Mikal Skuterud, a labour economist from the University of Waterloo, who has closely tracked long-term joblessness during the pandemic.

The worry, he said, is the drop down is not going be as sharp as the rise that it might resemble Nike's famous swoosh logo.

The longer those people are out of work, the more difficult it will be for them to find a new job. Those that do are likely to earn less than before.

Some older workers may simply decide to retire. Younger workers who just got their first job or had just established themselves in the workforce, will have to find new work as part of a reshuffling that could take years to play out.

"These kind of shocks have long-term, maybe even scarring, permanent effects," Skuterud said. "Some segment of the workforce in Canada might be lost permanently."

Video: Calgary unemployment rate hits 15.6% amid COVID-19 pandemic and downturn (Global News) https://www.msn.com/en-ca/money/topstories/ranks-of-long-term-unemployed-swell-even-as-economy-added-84-000-jobs-in-october/ar-BB1aKyRK?ocid=msedgntp


Policymakers are hoping to avoid that.

The federal Liberals have vowed to create one million jobs, with recently reshuffled infrastructure spending accounting for 60,000 of that. As for the remainder, Prime Minister Justin Trudeau would only say Friday the government "looking at the investments we need to make in order to do that."

"We have been there for Canadians and we will continue to because many, many Canadians have lost their jobs because of COVID-19. and are continuing to struggle," he said.

Leah Nord, senior director of workforce strategies for the Canadian Chamber of Commerce, said governments need to roll out skills training programs, given the jobless figures, and do so soon.

"Lifelong learning, upskilling and reskilling were important before the pandemic, but the pandemic I would say has really accelerated the need for this," she said.

The pace of job growth slowed in October as the economy added 83,600 jobs in the month. Overall gains were the smallest since economies were allowed to reopen earlier this year, noted TD senior economist Sri Thanabalasingam.

The unemployment rate was little changed at 8.9 per cent compared with nine per cent in September.

That would have risen to 11.3 per cent had it included in calculations the 540,000 Canadians who wanted to work but didn't search for a job.

Most of the gains were in full-time work, with core-aged women benefiting the most to bring their unemployment rate to 6.6 per cent, the lowest among the major demographic groups tracked by Statistics Canada.

Overall gains might have been higher if not for a drop of 48,000 jobs in the accommodation and food services industry, largely in Quebec, Statistics Canada said.

"We saw Canadian employment growth ease off the gas, but thankfully, it didn't go fully in reverse," said Brendon Bernard, an economist with job-posting site Indeed. "What happened really was a tug-of-war between sectors."

More Canadians were also working at home in October, coinciding with a rise in case counts of COVID-19, which prompted new rounds of restrictions in Ontario and Quebec.

Trudeau warned Friday about rolling back public health restrictions too quickly and potentially forcing widespread lockdowns anew like in the U.K., which would set back the pace of an economic recovery.

Employment readings are destined to ebb and flow over the coming months as governments try to to contain the pandemic, CIBC senior economist Royce Mendes said in a note.

This report by The Canadian Press was first published Nov. 6, 2020.

Jordan Press, The Canadian Press
Blue wave or not, a green wave is sweeping the Canadian oilpatch

Geoffrey Morgan 

CALGARY – In a sign of the changing environment in the oilpatch, North America’s largest pipeline company Enbridge Inc. set new net-zero emissions targets Friday and outlined how the company sees the global energy transition from carbon-based energy to renewables playing out over the next few decades.
© Provided by Financial Post “We’re going to need all sources of supply to meet demand until at least 2040 and very likely beyond,” said Enbridge president Al Monaco.

Enbridge’s target of net-zero emissions by 2050 aligns the Calgary-based pipeline and utilities giant with the country’s three largest oil producers Canadian Natural Resources Ltd., Suncor Energy Inc. and Cenovus Energy Inc., along with European oil majors Royal Dutch Shell Plc, Total SA and BP Plc. — all of whom have adopted net-zero targets.

“Sustainability is integral to our ability to safely and reliably deliver the energy people need and want,” said Al Monaco, president of Enbridge . “How well we perform as a steward of our environment, a safe operator of essential energy infrastructure, and as a diverse and inclusive employer is inextricably linked to our business success and our ability to create long-term value for all stakeholders.”

The move comes as the Canadian oilpatch is facing extreme pressure from influential pension funds and fund managers to reduce its carbon footprint, the federal government’s stringent environmental policy measures, and companies’ fears of being excluded from ESG-indexes which are attracting billions of dollars from a growing number of eco-conscious retail and institutional investors.

“We expect energy companies to focus on this aspect of ESG more closely given increasing institutional interest. It is by addressing all components of ESG that the Canadian energy industry can move away from its international reputation as “dirty” or higher GHG oil and increase the understanding of practical initiatives that lower carbon intensity and help improve the livelihood of those in local communities,” wrote Dennis Fong, an analyst with The Canadian Imperial Bank of Commerce, in a note in October.

The industry is also watching a changing political landscape in its biggest market south of the border, with the possible election of former vice-president Joe Biden as the next president of the country. Renewable energy and transitioning away from oil are key planks of the Democrat challenger’s economic policy.

Republican President Donald Trump had officially withdrawn from the Paris Agreement, but as Biden appears poised to win the election, he has vowed America will rejoin the global climate change accord in “77 days.”

The Canadian industry is embarking on its own green wave, regardless of new environmental policy measures that may be implemented by a possible new U.S. administration.

This week, the governments of Canada and Alberta signed a deal on methane emissions reduction targets, wherein the federal government accepted the oil-producing province’s target of reducing methane emissions 45 per cent below 2014 levels by 2025. Alberta also recently outlined a natural gas strategy to facilitate the global energy transition.

The moves by Enbridge and upstream producers Canadian Natural and Suncor to set net-zero targets and reduce emissions are an encouraging sign across the oil and gas value chain, said Pembina Institute’s Benjamin Israel.

“I think Enbridge announcing a net zero target is a great response, especially given the growing stringent requirements from investors, governments and society,” said Israel, a fossil fuels analyst, adding that as the industry makes these pledges, they could go a step further by reducing the emissions intensity of the oil and gas flowing through the pipelines.

Enbridge ships the bulk of Canadian oil exports to U.S. refineries primarily in the Midwest, and has faced delays and challenges on a number of pipelines projects, including its Line 3 replacement project in Minnesota, and its Line 5 tunnel project in Michigan, amid opposition from environmental and local groups
.
© Brent Lewin/Bloomberg Enbridge sees opportunity in such emerging areas as renewable natural gas.

In a move to reduce environmental scrutiny surrounding its operations, the midstream company set a target of net-zero emissions by 2050 and also pledged to reduce its emissions by 35 per cent by 2030. At the same time the company intends to diversify its board by appointing women to at least 40 per cent of board positions and have visible minorities represent 20 per cent of positions by 2025.

In an investor call Friday, Al Monaco said the company continues to see opportunities in offshore wind projects, in solar projects and also in emerging fields such as renewable natural gas and hydrogen projects.

“Global energy demand will rise in the next two decades, driven by population growth and an increasing middle class and urbanization,” Monaco said, noting that energy demand in developing countries is expected to rise by at least 35 per cent.

“We’re going to need all sources of supply to meet demand until at least 2040 and very likely beyond,” Monaco said, adding that hydrocarbon-based energy would still be in demand in 2040 given growing energy demand and natural gas, in particular, “will dominate global energy.”

“Some people call this the bridge (fuel) but in our view it’s an awfully long bridge,” Monaco said.

The company’s most recent sustainability report shows that Enbridge emitted 6.5 million tonnes of CO2 in 2019 from its operations, including natural gas combustion. The company also counted just shy of seven million tonnes of CO2 emissions from electricity it purchased and consumed in the same year. All told, a 35 per cent reduction translates to a 4.71 million tonne CO2 emissions reduction for the company.

Enbridge plans to reduce its emissions intensity and overall emissions through a combination of replacing old equipment and changing how its existing equipment is powered by installing additional solar arrays, chief sustainability officer Pete Sheffield said.

The new targets, he said, are also tied to employee and executive bonus compensation across the organization.

Projects and operations such as cogeneration, carbon capture and sequestration, CO2 flooding, and wind farms are not only helping to improve the GHG intensity of the electrical grid (equivalent to removing over 4.5 million cars annually from the road), but they are also driving lower supply costs for producers at competitive rates of return, CIBC’s Fong wrote.

“Full adoption of ESG-based investing is becoming a major focus, and appropriate and fulsome disclosure standards are needed to improve both intra- and inter-industry comparability,” Fong said. “We believe the mass adoption of ESG-based portfolio management and appropriate carbon-related disclosure could provide better transparency for Western Canada’s role as a participant in the energy transition.”

Still, Pembina’s Israel said, the commitments by large companies show that government can adopt more stringent environmental policies, as companies are making pledges that are more stringent than existing government targets.

For example, Israel said the commitments by Enbridge take the company further than the United State’s own current emissions pledges. He likened the move to the way power companies in Alberta have shown they’ve been able to eliminate coal-fired emissions years earlier than the scheduled phase-out date of 2030.

“It is great that there is a willingness in the sector to go beyond current policies,” Israel said.

Pipeline company vows to reduce its GHG emissions by 35% by 2030, hit zero by 2050


CALGARY — Enbridge Inc., the operator of the largest crude oil pipeline network in North America, says it will reduce its greenhouse gas emissions intensity to net zero by 2050.
© Provided by The Canadian Press

The Calgary-based company's pledge on Friday puts it in a growing club of parties making the 2050 pledge that includes the Canadian government, Vancouver-based miner Teck Resources Ltd., oilsands producer Cenovus Energy Inc. and international oil companies like Repsol, to name a few.

Enbridge is also aiming to reduce emission intensity by 35 per cent by 2030 compared with 2018.

"This isn't our first rodeo at ESG, we've set and met targets in the past," said Enbridge CEO Al Monaco on a conference call, adding the company considers its environmental, social, and governance initiatives to be "not a nice-to-have but a must-do."

"The new targets are about getting even better," he said.

He outlined four ways for the company to reduce its Scope 1 direct emissions from owned or controlled sources and Scope 2 indirect emissions from purchased energy and other products.

They include modernizing equipment, applying technology to reduce emissions and consumption, using lower carbon sources of fuel for pumps and compressors, self-powering facilities with solar arrays and investing in "nature-based offsets."

Enbridge also plans to track how its ongoing investments in low-carbon projects such as wind farms affect indirect Scope 3 emissions — which occur in the production and consumption of the oil and gas it handles — without making a specific target, Monaco added.

The announcement was greeted with skepticism by Keith Stewart, senior energy strategist for Greenpeace Canada, who suggested it is little more than "marketing."

"Investors want to see real decarbonization plans and until Enbridge accepts the challenge of becoming a 100 per cent renewable energy company, this is simply greenwashing," he said.

"Using solar energy to power the pumps that push oil and gas through your pipelines can't hide the fact that you're still selling fossil fuels." 

Institutional shareholder adviser Aequo, however, issued a press release commending Enbridge, noting it has been asking the company to more meaningfully embrace emission targets for the past two years.

“Setting a net zero target is an important step," said Francois Meloche, director of shareholder engagement.

Enbridge also unveiled diversity targets, aiming to grow the racial and ethnic part of its workforce to 28 per cent and the female portion to 40 per cent. It also wants to have 20 per cent racial and ethnic and 40 per cent female board membership by 2025.

On the call, Enbridge said it is weeks away from getting the final permits it needs to construct its Line 3 replacement oil pipeline through Minnesota, estimating construction time of six to nine months when they are in hand.

Presidential candidate Joe Biden has pledged to cancel the presidential permit for the rival Keystone XL pipeline if he is declared the winner but Vern Yu, Enbridge's president of liquids pipelines, said he's not worried Line 3 will be affected.

"We should remind you that under the prior (Obama) administration, where Mr. Biden was the vice-president, we were able to get all of our cross-border permits," he said on the call.

The company reported third-quarter net earnings of $990 million, up from $949 million in the same quarter last year, as cash from operations fell to $2.3 billion from $2.73 billion.

On an adjusted basis, Enbridge said it earned $961 million or 48 cents per share for the quarter, down from an adjusted profit of $1.12 billion or 56 cents per share a year earlier.

Analysts on average had expected a profit of 53 cents per share, according to financial data firm Refinitiv.

This report by The Canadian Press was first published Nov. 6, 2020.

Companies in this story: (TSX:ENB, TSX:TECK, TSX:CVE)

Dan Healing, The Canadian Press

GREEN CAPITALI$M
Canadian cannabis, psychedelics industries cheer state measures in U.S. election

TORONTO — Canadian cannabis and psychedelics companies that have been eyeing the U.S. market have a few new reasons to celbrate.
© Provided by The Canadian Press

Through U.S. election ballot questions, five states — Arizona, New Jersey, South Dakota, Mississippi and Montana — this week voted in favour of legalizing recreational or medical cannabis, while Oregon supported the sale of psilocybin mushrooms and Washington, D.C. decriminalized some psychedelic drugs.

Experts say the growing support for cannabis and psychedelic drugs in the United States could be a boon for its neighbours to the north.

“The size of the market dwarfs the overall opportunity in Canada,” said Omar Khan, Hill+Knowlton Strategies’ national cannabis sector lead.

“A lot of the players here have gone through ups and downs in the industry, learned what to do and not to do and are now able to perhaps apply some of those learnings to the U.S. market.”

On top of benefits from states that green-lit legalization, Khan said a Joe Biden and Kamala Harris White House could deliver more cannabis wins.

He pointed to the Safe Banking Act, a Democratic bill with some Republican support stalled in the U.S. Senate. It would allow financial institutions to work with cannabis companies without retribution and could pass under a new administration.

“If you're a Canadian company looking to get into retail down south, that's potentially a game-changer for you in terms of access to capital,” Khan said.

Biden and Harris could also be good for cannabis companies because they committed to decriminalizing pot and expunging criminal records related to its possession, he said.

"On the flip side, a Donald Trump victory would mean more status quo and I don't think that's necessarily a bad thing for cannabis companies because it just gives them that much more time and it allows capital to move back ... into Canadian companies," said Deepak Anand, the chief executive of Materia Ventures, which produces and distributes medical cannabis.

The U.S. election came as the Canadian cannabis sector is facing turmoil. The optimism that circled the industry two years ago, when cannabis was legalized in Canada, has largely dissipated.

Pot companies now are restructuring and laying off thousands of workers. Industry closures, mergers and acquisitions are materializing and many believe more are on their way.

A U.S. toehold could be a step to reversing those trends, said David Culver, Canopy Growth Corp.‘s head of U.S. government relations.

"There's a lot of eyes in Canada on the U.S. market, and we're excited about the possibilities there because it will have a very positive impact on my company and many others," he said.

He believes U.S. election developments signal the growing normalization of cannabis and indicate where policies can be pushed further forward, even during the pandemic.

For example, he said states facing ballooning budget deficits will be "looking under every rock" for tax revenue. Cannabis-friendly policies could create a cash injection while signalling that they are open for businesses in the sector.

When states are ready for cannabis, he said, Canopy has the "crystal ball" advantage because it knows how legalization works from its experience in Canada and can easily deploy strategies it used before.

Aurora Cannabis chief executive Miguel Martin agreed.

"This is the right moment to improve financial systems, address social injustices, and realize the potential benefits of sound, evidence-based cannabis public policy," he said in an email. "Aurora remains focused on and optimistic for the U.S. CBD market and long-term prospects for federal legalization."

It’s not just cannabis companies that stand to win through the U.S. election.

Companies working hard to normalize psychedelics and get them seen as potential aids in the fight against mental illness can reap rewards too, said Ronan Levy, Field Trip Health Ltd.'s chief executive.

His Toronto-based company, which has been exploring ketamine-enhanced psychotherapy, believes the psychedelic drug industry will grow and may become more significant than the cannabis sector.

Oregon's support for the growth, administration and sale of psilocybin mushrooms in licensed facilities is a “bellwether,” Levy said.

“We know for a fact that other states were looking to move forward with a ballot similar to Oregon, but got really sidelined by the pandemic ... I think this is really going to drive the industry forward.”

The U.S.’s large population and influence may also change consumer sentiment and hesitation around psychedelics, creating an opportunity for Canadian companies, he said.

“If you see the U.S. start to embrace psychedelic therapies, it's going to accelerate global acceptance of psychedelic therapies and really drive things forward for us.”

This report by The Canadian Press was first published Nov. 6, 2020.

Companies in this story: (TSX:WEED, TSX:ACB)

Tara Deschamps, The Canadian Press
Taunted and harassed: Why an employee subjected to horrific cruelty can't sue her abusers under Ontario's new law

Howard Levitt 
MANAGEMENT LAWYER, EMPLOYMENT LAW


Can abused Canadian employees no longer sue their harassers?
© Provided by Financial Post

 If you suffer workplace caused mental distress, seek legal advice before applying for workers' compensation benefits as a constructive dismissal would likely result in higher damages.

Sprayed with Lysol and victimized by her coworkers, Jan Morningstar assumed she could sue her abusers without interference by government authorities. She was wrong. The Workplace Safety and Insurance Board’s mental distress regime stopped her in its tracks.

Until Jan. 1, 2018, Ontario’s workers’ compensation barred claims for mental stress not caused by a physical injury. The legislation was then amended to add claims for “mental stress arising out of and in the course of the worker’s employment,” e.g., caused by harassment and other culpable behaviour.

Workers believed these amendments were a victory. They should have watched what they wished for. Ontario’s Workplace Safety and Insurance Appeals Tribunal’s decision to bar Morningstar from suing her abusers shows how this legislative scheme has gone horribly wrong and can now strip harassed employees of their right to sue.

Howard Levitt: Bullying a chronic disease in Canada's health-care sector — but the courts are finally reining it in

Morningstar, a 60-year-old cancer survivor and housekeeper at Fallsview Hotel in Niagara Falls, Ont., was ridiculed by her coworkers for her cancer symptoms. They told her she had an unpleasant scent, sprayed her with Lysol, asked her about her use of feminine hygiene products and reportedly left towels and bathmats on her chair to suggest incontinence — outrageous conduct. Her employer apparently did little to stop this.

Morningstar suffered this blatantly demeaning conduct, being a single parent in need of her employment income, for as long as she could, but eventually quit.

Employees who have been harassed have historically been able to sue their employer for having created or permitted a toxic environment that caused mental distress and effectively cost them their job. The remedy for this is a constructive dismissal claim with a severance package and possibly additional damages for mental distress and even punitive and other damages. These damages are paid by the employer and/or the harassers and a concordant message sent that this is unacceptable and costly behaviour to indulge or permit in the workplace. A lesson to abusers.

However, that lesson is lost if workers’ compensation simply pays out mental distress benefits and the employee is barred from suing in court for dramatically greater damages. Worse, the benefits are paid not by the harasser or employer, but by the government. At most, the employer’s workers’ compensation premiums may go up.

Happily, decisions out of the WSIAT have generally still allowed employees to sue in court when they have been terminated to obtain a severance package and if applicable, punitive damages to punish offenders. But the key is that the employee has to have been terminated already or that something other than mental distress caused them to resign.

When the Fallsview Hotel argued that Morningstar should apply for workers’ compensation rather than sue, the WSIAT agreed and ruled that her claim for constructive dismissal was barred. It ruled that she could only pursue comparatively low-value chronic mental distress benefits through the workers’ compensation regime. In other words: no severance package, no punitive damages and no consequence for the hotel’s condonation of its employees’ horrific cruelty.

WSIAT’s decision deviated from prior decisions because Morningstar was pursuing a claim for constructive dismissal (a termination resulting from mental distress/toxic work environment) rather than a more typical wrongful dismissal action in which an employee is terminated rather than deciding to leave herself due to mental distress.

The critical finding was that her suit for constructive dismissal was “inextricably linked to the workplace injury,” i.e., mental distress caused by her coworkers which led her to quit. The WSIAT stated that “her employment was effectively terminated by the harassing and bullying conduct of co-workers and management which caused her mental distress to such a degree that she was forced to take sick leave and ultimately resign.”

The decision is not wrong in this respect — Morningstar quit because of mental distress caused in the workplace. But the result could be the death knell of any constructive dismissal action based on mental distress in the workplace.

This WSIAT decision also presents danger from a policy perspective. If this reasoning becomes the norm, employers will have a license to intentionally cause employees traumatic or chronic mental distress in order to drive them from their job, force them into the workers’ compensation scheme and bar them from more effective recourse in the courts. Surely this is not the intended result of adding the ability to claim mental distress benefits — to allow harassers off the hook.

For now, if you suffer workplace caused mental distress, seek legal advice before applying for workers’ compensation benefits as a constructive dismissal would likely result in higher damages. Note, however, that your suit could now be barred.

Employers who are sued by an employee for causing mental distress, should consider applying to have any claim barred in favour of a workers’ compensation application. First, however, remember your duty to protect employees from harassment. If an employee complains, and your investigative process (it’s best if it is internal) confirms it occurs, take swift action to hold the harassers accountable. Doing so can avoid the suit altogether or give you a strong defence.

And now on to questions I received recently.

Q: Can I be sued if I don’t give my two weeks’ notice?

A: You appear to be under the misapprehension that you can resign and only provide two weeks notice. Unless that’s specified in an employment contract, most employees have to provide far more than that.

The law is that an employee must provide the employer sufficient notice to employ a suitably trained replacement. That would generally take more than two weeks before such a person can be recruited and commence. If less notice is provided, the employer can sue for its damages, which is called a wrongful resignation action — the flip side of wrongful dismissal.

Damages could include recruitment fees, the overtime of other employees or items such as loss sales if the employee is in sales. From that would be subtracted the employees’ salary. Sometimes when I act for employers and employees resign immediately and sue for constructive dismissal, I respond with a wrongful resignation case.

Q: I received my severance. If I take up part-time work, will that mean I have to pay some of the money back to my ex-employer?

A: That would depend entirely on the terms of the severance settlement. Some require payments to be reduced or refunded if the employee obtains other employment. Other settlements do not.

Q: I am accused of breaching the confidentiality of my severance settlement and the employer wishes my severance back. Am I obliged to pay it?

A: There are two types of confidentiality agreements, one in which you agree to pay all the money back and another in which the damages for breach are unspecified. In the former case, pursuant to a decision of the Ontario Court of Appeal by Jan Wong against the Globe and Mail, Wong had to pay all of the money back for breaching the confidentiality of the settlement. If there is no specific penalty ascribed for the breach, the employer would have to prove its damages, if any.

Got a question about employment law during COVID-19? Write to me at levitt@levittllp.com.

Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers. He practises employment law in eight provinces. He is the author of six books including the Law of Dismissal in Canada.
I'm really looking forward to working together': Prime Minister Justin Trudeau congratulates Biden on U.S. election win

Canadian Prime Minister Justin Trudeau congratulated president-elect Joe Biden on his win in the U.S. presidential election Saturday, as the Associated Press and CNN declares him the winner.
© Provided by National Post Canada's Prime Minister Justin Trudeau shakes hands with U.S. Vice President Joe Biden during a meeting in Trudeau's office on Parliament Hill in Ottawa, Ontario, Canada, December 9, 2016.

“Our two countries are close friends, partners, and allies,” Trudeau tweeted in a message to Biden and vice-president-elect Kamala Harris. “We share a relationship that’s unique on the world stage. I’m really looking forward to working together and building on that with you both.”

Biden’s victory came after the Associated Press, CNN and NBC showed him winning Pennsylvania and gaining more than the 270 Electoral College votes needed to secure the presidency. Trump sought to undermine the outcome, baselessly accusing Democrats of trying to steal the election and claiming victory before the race was called.


Harris, 56, becomes the first Black and Indian-American woman to serve as vice president, a glimpse at a coming generational shift in the party.

Biden, 77, will become the oldest president-elect in U.S. history and the first to oust a sitting commander-in-chief after one term since Bill Clinton defeated George H.W. Bush in 1992.

With files from Bloomberg

Biden win sparks brief jubilation for Canada but choppy road still ahead
By David Ljunggren 
© Reuters/Chris Wattie FILE PHOTO: A woman watches as U.S. Vice President Joe Biden and Canada's Prime Minister Justin Trudeau arrive at the First Ministers’ meeting in Ottawa

OTTAWA (Reuters) - Canada allowed itself a moment of jubilation on Saturday after Joe Biden's victory in the U.S. presidential election marked the end of four often bruising years with Donald Trump, but the new president's agenda means that challenges lie ahead.

"I look forward to working with President-elect Biden, Vice President-elect Harris, their administration, and the United States Congress as we tackle the world's greatest challenges together," Prime Minister Justin Trudeau said shortly after several networks declared Biden the winner.

Trudeau was one of the first world leaders to Tweet his congratulations to the president-elect.

Ottawa, traditionally a close U.S. ally, found itself pummeled by Trump, who called Trudeau "very dishonest and weak," slapped tariffs on Canadian metals exports and threatened to scrap a continental trade deal that underpins Canada's economic prosperity.

Canada's ruling center-left Liberals have generally had good relations with Democratic administrations in recent decades, but Biden's principal policies could pose major problems for Canada and Trudeau.

"A Biden victory would mean smoother relations with the United States ... It would be more respectful and that alone would be an improvement," said Roland Paris, a former foreign policy adviser to Trudeau.

"Having said that, the United States has not only become more inward looking, but has also become more protectionist."

Biden promises a "Buy America" push to spend $400 billion on U.S.-made goods. This could harm Canada since its economy is highly integrated with that of the United States, which takes 75% of all Canadian goods exports.

A similar U.S. provision in the wake of the 2007-2009 financial crisis sparked a clash with Ottawa, forcing Canada to go through a lengthy process to secure waivers allowing its companies to take part in U.S. federal procurement contracts. Biden was vice-president in the Obama administration for eight years starting in January 2009.

"(Canada) has to appeal to America's self-interest ... and make the case that the less competitive your procurement is, probably the more costly it might be," said Mark Agnew, head of international policy at the Canadian Chamber of Commerce.

A mid-sized power devoted to multilateralism, Canada found itself isolated as Trump distanced himself from the United Nations, the World Health Organization, NATO and the World Trade Organization.

Canadian officials say they hope Biden will quickly start to repair the damage. In particular, Canada wants more U.S. cooperation as it bids to pressure China to change its policy on detaining foreigners.

In an incident Ottawa calls "hostage diplomacy," Beijing arrested two Canadian men in 2018, shortly after Vancouver police detained Huawei Technologies Co Ltd.'s Chinese Chief Financial Officer on a U.S. warrant.

ENVIRONMENT

Biden has outlined a $2 trillion plan of environmental investments and other measures that "would leave Canada basically in the dust," according to Keith Stewart, a climate and energy campaigner with Greenpeace Canada.

Canada, a major energy exporter with no chance of meeting its 2030 climate goals, may have to boost a price on carbon that is already unpopular in some parts of the country, and put more money into electric vehicles.

Biden is also looking at imposing a carbon adjustment tax on imports from nations deemed not to be doing enough to fight climate change.

"He is aiming for the moon with his green plan and we have to be along for the ride, we can't just go half way," said a Canadian government source, noting that the Democrats would first have to retake the Senate to implement the entire plan.

But Kergin, Paris and others predict Biden is likely to find his time dominated by domestic challenges such as the coronavirus pandemic and race relations.

"I think there's a danger in overestimating just how internationally focused a new Democratic administration would become," Gerry Butts, Trudeau's former chief adviser, told a Huffington Post Canada webcast.

(Reporting by David Ljunggren; Editing by Steve Scherer and Howard Goller)