The Globe and Mail - 13.09.2019

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B2| REPORTONBUSINESS OTHEGLOBEANDMAIL | FRIDAY,SEPTEMBER13,


T


he Liberal election an-
nouncement on housing
on Thursday is a reminder
of how we cling to the outdated
idea of home ownership for all.
House prices in some of our
biggest cities are rising to levels
that are unaffordable for a grow-
ing cohort of young people. Ex-
pect the Liberals to be joined in
the days ahead by other parties
offering to help these young
buyers with measures that are
destined to fail in one of two
ways – by not making an appre-
ciable difference in affordability,
or by helping too well and stim-
ulating demand to a point where
it pushes prices higher.
The Liberals say they would
expand the First-Time Home
Buyer Incentive, which they an-
nounced in the budget last
spring. The program, targeted at
first-time buyers with household
incomes of less than $120,000 a
year, provides a kind of interest-
free loan to bulk up a buyer’s
down payment and thereby re-


duce mortgage costs. The incen-
tive originally set an effective
house price limit of about
$480,000. Now, homes valued at
up to $789,000 would be allowed
for Toronto, Vancouver and Vic-
toria alone.
Governments feel they must
prop up the dream of home own-
ership because young adults are
desperate to own houses. Of
course they are. Their parents
can’t stop talking about how
much their houses have gone up
in value and media is saturated
with stories about people buying
and fixing up homes. Home own-
ership is the most Canadian civic
value, and the foundation of

wealth creation.
But at some point in the past
few years, our ideas about home
ownership began to peel away
from economic reality. As we got
more and more enthused about
home ownership, rising prices
made homes more unaffordable
in many cities. We claim to have
sophisticated, internationally ap-
pealing cities with deservedly
high real-estate prices, yet we ex-
pect the young people will march
into home ownership as they did
a generation ago.
The economics of housing
make this expectation look ridic-
ulous. Incomes have not in-
creased meaningfully in years,

yet house prices have surged in
many cities over the past decade.
Low interest rates have offset this
imbalance, but they can only do
so much. Peak housing afforda-
bility has come and gone.
Politicians can’t say this out
loud because they would be
ripped for it by their opponents
and voters. Right in there would
be a housing industry that is bril-
liant in the way it pursues its own
interests by positioning itself as
the buyer’s champion. What poli-
ticians can do is work at all levels
to get more rental housing built
and allow more urban densifica-
tion through the construction of
condos, townhouses.

They can also address the
needs of the growing number of
people who must rent because
they cannot afford to own. A
renter’s tax credit would be most
welcome in cities such as Toron-
to, where high housing prices
have shrunk the rental vacancy
rate and pushed monthly rent
costs to levels that are sometimes
close to mortgage payments (no,
that doesn’t mean you should
buy a house – home owners also
have to pay for property taxes
and home maintenance and up-
keep).
There’s some fresh urgency in
the problem of housing afforda-
bility because the slumping To-
ronto and Vancouver markets are
showing signs of a possible re-
covery. The average selling price
of a home in Toronto rose 3.6 per
cent on a year-over-year basis in
August to $792,611. Already, pric-
es have crept ahead of the new
cap being offered by the Liberals’
First Time Home Buyer Incen-
tive. If the program’s a success, it
will help feed still more price
gains and work against improved
affordability.
Until we all adjust our expec-
tations of home ownership to
match the economic reality, poli-
ticians will be under pressure to
do something to make homes
more accessible to aspiring
young buyers. Hard as it will be,
they need to lay off. This country
needs to help renters more than
it needs another program to help
people buy houses they can’t ac-
tually afford.

Politiciansmuststopproppingupideaofhomeownership


-ea–housing


a{{ordabilityhas


comeandgonev


policiesneed


tohelprenters


ROB
CARRICK


OPINION

TheaveragesellingpriceofahouseinToronto,above,rose3.6percentonayear-over-yearbasisinAugustto
$792,611,hintingatapossiblerecoveryoftheslumpingTorontomarket.FRED LUM/THE GLOBE AND MAIL

Airline and tour operatorTransat
AT Inc.’sthird-quarter loss more
than doubled due to fees and ex-
ecutive compensation relating to
its impending takeover by rival
Air Canada.
For the three months ending
on July 31, Montreal-based Trans-
at said it lost $11-million, or 29
cents a share, compared with a
loss of $5-million or 13 cents in
the same period of 2018.
Revenue rose by 5 per cent to
$700-million as vacation prices
rose and the number of custom-
ers increased by 4 per cent in the
company’s main market of trans-
atlantic travel, Transat said in a


premarket release on Thursday
morning.
Transat shareholders on Aug.
23 voted in favour of selling the
company to Air Canada for $720-
million. The takeover, subject to
approval by transport and com-
petition authorities, is expected
to close in the second quarter of
2020, Transat said.
In a statement accompanying
the financial results, Transat said
the net loss included payouts as-
sociated with the takeover proc-
ess, including “professional fees”
of $6-million and stock-based
compensation worth $7.7-mil-
lion triggered by change-of-con-
trol provisions in employee con-
tracts.
Excluding the takeover fees,
compensation and other one-

time items, Transat posted an ad-
justed operating profit of $22-
million in the third quarter, com-
pared with a loss of $7.6-million
in the year-earlier period.
Transat operates a fleet of
about 40 planes and has 5,
employees.
Denis Pétrin, Transat’s chief
financial officer, said on a confer-
ence call with analysts that the
operating results show Transat
has been able to sell tickets at
higher prices in a competitive
market for leisure travel spend-
ing.
Mr. Pétrin said the rising share
price is expected to add another
$10-million in costs related to
stock-based compensation by the
time the Air Canada takeover
closes.

The takeover means Jean-Marc
Eustache, Transat’s 71-year-old
founder and chief executive offi-
cer, will receive total compensa-
tion worth more than $14-million
after the deal closes and another
$5.5-million if he is dismissed by
the new owners of the company,
according to company docu-
ments filed with regulators. This
amount includes the values of his
stock holding, bonuses, stock op-
tions and share units.
Mr. Eustache has not said
whether he plans to stay on when
Air Canada completes the deal,
but he has said Transat will not
need a CEO once Air Canada takes
over.

TRANSAT(TRZ)
CLOSE: $15.20, UNCHANGED

Transatlossmorethandoublesonfees,executivepayaheadofAirCanadadeal


ERICATKINS
TRANSPORTATIONREPORTER Denis Pétrin,


Transat’s chief
financial officer ...
said the rising share
price is expected to
add another
$10-million in costs
related to
stock-based
compensation by the
time the Air Canada
takeover closes.

An Ontario judge has frozen the
province’s cannabis retail licens-
ing process for at least two weeks.
Twelve of the original 42 win-
ners of the Aug. 20 lottery draw
were disqualified for failing to
submit all the required applica-
tion materials within five busi-
ness days of the results and one
voluntarily withdrew. All 13 were
replaced by names from regional
wait-lists across the province.
All but one of those disquali-
fied for not filing applications on
time filed a legal challenge of that
decision earlier this week request-
ing the licencing process be fro-
zen until their case can be heard.
Justice David L. Corbett of
Ontario Divisional Court issued a
preliminary decision Thursday to
freeze the Alcohol and Gaming
Commission of Ontario (AGCO)
review process.
Justice Corbett “was not per-
suaded that a two-week delay is
going to cause anyone irreparable


harm,” Caryma Sa’d, a Toronto-
based cannabis lawyer who was
present in the courtroom for the
decision, said in an interview.
“However, [he said he did] be-
lieve that if he paused only part of
the process and not all of it, that
will cause chaos.”
“He decided the lesser of two
evils was to pause the process for
everyone,” Ms. Sa’d said.
Thursday’s preliminary deci-
sion means that until the Court
“has had an opportunity to hear
the judicial review on September
25, the AGCO should temporarily
halt the lottery process,” AGCO
spokesperson Ray Kahnert said
via e-mail. “As a result, the AGCO
will pause the lottery process un-
til the Court issues its decision on
the judicial review.”
Peter Brauti, co-managing
partner at Brauti Thorning LLP
who is acting on behalf of all 11
disqualified lottery winners,
called Thursday’s decision “a
huge win.”
“It is more than what I had
even hoped for,” Mr. Brauti said.
“You hope for a home run, but a

grand slam is what this was. [Jus-
tice Corbett] suspended the en-
tire system right across the prov-
ince.”
When the case resumes on
Sept. 25, Mr. Brauti will argue for
his 11 clients to be reinstated “as if
they were never disqualified and
can submit their applications.”
Ms. Sa’d, meanwhile, says the
final decision will depend on
what Mr. Brauti and AGCO law-
yers submit into evidence.
“That is the date when the
court will actually delve into the
issue of whether these [11] indi-
viduals were properly disquali-
fied, if there is some kind of proce-
dural flaw in the lottery, what
happens to them, what is their
remedy? I don’t know that you’ll
actually get a decision on the 25th
but that is when they intend on
making their submissions and
presenting their evidence,” Ms.
Sa’d said. “Shortly thereafter, the
judge would make an order.”
Mr. Brauti said earlier this week
there were a “few nuances”
among the 11 plaintiffs behind the
request for judicial review, but all

are effectively cases of the AGCO
failing to properly notify the win-
ners.
“The AGCO sent [winners] an
e-mail notification saying con-
gratulations, except that the e-
mail didn’t go through, it
bounced back,” he said. “They al-
so sent registered letters but those
were received two days later and
[the winners] assumed they had
five days from when they received
the letter because they never got
the e-mail. Once they were noti-
fied, they met the requirements,
but the AGCO position is they
were notified by an e-mail they
never got.”
In total, the second lottery had
4,864 submissions from about
1,800 businesses or sole proprie-
tors. The process was intended to
be an improvement upon the first
lottery in January, which saw
more than 17,000 individuals
compete for the right to apply for
Ontario’s first 25 permits.
While Mr. Brauti is arguing for
his clients to “bump those that
were moved up from wait lists,”
he says thegovernment has an-

other option available.
“The government could simply
amend the regulations and open
up 11 new licences, so instead of
there being 42 there would be 53
so they can reinstate those 11 peo-
ple who were not notified proper-
ly but the 11 people who got
moved up from wait-lists, they
can get licences too, because at
the end of the day, there is going
to be more,” Mr. Brauti said.
Ontario was originally plan-
ning an open licensing system for
cannabis retail stores, but two
days before the AGCO was due to
begin accepting applications in
December, 2018, the province an-
nounced a move to a “phased ap-
proach” amid a national cannabis
supply shortage.
After the results of the second
lottery last month, the province
said it was working with the AG-
CO and the Ontario Cannabis
Store “to return to our original
plan to allocate retail store licenc-
es based on market demand,” ac-
cording to Jenessa Crognali, spo-
kesperson for Ontario Attorney-
General Doug Downey.

Ontariojudgepausescannabisretaillicensingprocessamidlegalchallenges


JAMESONBERKOW
CANNABISINDUSTRYREPORTER

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