The Globe and Mail - 02.03.2020

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HOCKEY
Afterlastweek’swakeupcall,
TorontoMapleLeafsonaroll
B

SOCCER
ManchesterCitywinsEnglish
LeagueCupbybeating
AstonV illa2-1B

SPEEDSKATING
IvanieBlondincaptures
silverintheworld
allroundchampionships B

SPORTS
B9-B

OTTAWA/QUEBEC EDITION ■ MONDAY, MARCH 2, 2020 ■ GLOBEANDMAIL.COM

COMPANIES

CHEVRON ............................................... B
SAUDI ARAMCO ..................................... B
SHOPIFY ................................................. B
SUNCOR ................................................. B
TOURMALINE ......................................... B

The court-appointed monitor for Bond-
field Construction Co. Ltd. is asking a judge
to freeze the assets of the company’s for-
mer chief executive officer, including bank
accounts and real estate properties scat-
tered across Ontario, some of which are
slated for housing developments.
The proposed order would apply to 22
properties in Ontario owned by John Aqui-
no, who ran Bondfield for nearly a decade.
Mr. Aquino has sold or transferred his inter-
est in some of the properties to others over
the past 2^1 ˆ 2 years, including a luxury condo
in Toronto’s Four Seasons building. The
proposed order would freeze r3.9-million
in proceeds from the condo sale, and pro-
hibit Mr. Aquino from selling other assets,
including a unit in a Trump Tower condo in
Miami.
The proposed freezing order is the latest
move by the monitor, Ernst & Young Inc., to
try to recover losses stemming from the
collapse of Bondfield, which had been one
of Ontario’s largest builders of public-sec-
tor projects until it sought creditor protec-
tion in 2019.
A judge has yet to hear arguments about
whether to grant the order and Mr. Aqui-
no’s response to the proposed freeze has
not been filed on the website for the mon-
itor. A lawyer for Mr. Aquino did not re-
spond to e-mailed requests for comment.
Bondfield had been one of Ontario’s fas-
test-growing construction companies and
was awarded more than rz00-million in
contracts from Infrastructure Ontario, the
procurement arm of the provincial govern-
ment, in quick succession between 201‡
and 2015. Some of those projects – the rede-
velopment of both St. Michael’s Hospital in
downtown Toronto and Cambridge Memo-
rial Hospital in Southwestern Ontario – are
more than two years behind schedule.
In 201z, Zurich Insurance Company Ltd.,
which had guaranteed completion of
Bondfield’s projects through more than r1-
billion in surety bonds, became more ac-
tively involved in the company’s affairs af-
ter Bondfield was bombarded with law-
suits from unpaid subcontractors.
BONDFIELD,B

Bondfield


monitormoves


tofreezeassets


offormerCEO


GREGMcARTHUR
KARENHOWLETT

ACQUISITIONS
Ottawaincreasesscrutiny
ofmergersinvolvingChina
B

GLOBEINVESTOR
RobCarrickoffersfour
StatisticsCanadainsights
intoRRSPcontributions B

GLOBEINVESTOR
MainStreetleanstoward
Sanders,butWallStreet
saysTrump B
Cary Silber thought his Toronto cater-
ing-staffing business didn’t have any
employees. He saw his company, AE
Hospitality Ltd., as a turnkey operation
that connected independent contrac-
tors with caterers that needed waiters,
bartenders and chefs.
But then the Federal Tax Court ruled
in May that the 21z workers he contend-
ed were independent contractors are in
fact employees, saddling Mr. Silber’s
company with a bill for r‡9ß,000 –the


sum of the employment insurance and
Canada Pension Plan contributions
that AE Hospitality and its staff should
have been making for years.
AE Hospitality had written agree-
ments with nearly all of the people
working as chefs and waiters, explicitly
spelling out that they were contractors,
and that AE Hospitality had no liability
for any possible tax obligations. But, to
Mr. Silber’s surprise, those agreements
did not decide the matter: The tax court
found in favour of the Canada Revenue
Agency, ruling that the actual way in
which the wait staff and chefs worked
meant they were employees.

Outside of Quebec, there’s no statu-
tory definition drawing a distinction
between employees and contractors.
Instead, common-law precedents are
used to decide on employment status
on a case-by-case basis. “There’s no law
that applies to independent contrac-
tors,” said Hilary Page, employment
and contract lawyer for SpringLaw in
Toronto. Those precedents are headed
for a workout with Uber Technologies
Inc. and other companies, as the rise of
the gig economy further blurs the line
between worker and contractor, be-
tween side hustle and job.
GIGECONOMY,B

Whencontractorsareemployeesinthegigeconomy:


Taxcourtrulingleavescatererwithmassivebill


PATRICKBRETHOUR
TAXANDFISCALPOLICYREPORTER


[SMALLBUSINESS]

Shopifyangelinvestorsearntheirwings


Howthee-commercecompany’sleadersarefunding
anewwaveofambitiousstartups B

KaboFreshDogFoodCEOVijayJeyapalan,seenwithhisdogMilos,isexpandinghiscompanyacrossCanadawith
thehelpofangelinvestors,includingahandfulofShopifyemployees.CHRISTOPHER KATSAROV/THE GLOBE AND MAIL

Investors are bracing for more market
turmoil this week as uncertainty swirls
over the spread of COVID-19 and the
impact it is having on the global econo-
my.
About z5,000 cases of the coronavi-
rus have been reported globally. The vi-
rus has killed at least 3,000 people, the
vast majority in China. Several coun-
tries, including the Czech Republic and
the Dominican Republic, reported their
first cases over the weekend, while Aus-
tralia, Thailand and the United States


reported their first deaths.
Stock markets in Canada and the
U.S. are coming off their steepest de-
clines in more than a decade. Last
week, the S&P 500 fell by 11.5 per cent,
and the S&PàTSX shed z.9 per cent of
its value, the worst weekly showing for
both indexes since the depths of the
200z financial crisis. Based on intraday
levels, the TSX had already fallen more
than 10 per cent over the past six trad-
ing days.
Both indexes are firmly in correction
territory, with Canada hitting that level
in a shorter time period than ever be-
fore. (A correction is a decline of at

least 10 per cent.)
The pressure on stocks is being dri-
ven by fears that COVID-19 may end up
having a much more damaging impact
on the global economy and corporate
profits than first feared.
“The coronavirus is in many ways a
black-swan event, one that we couldn’t
see coming, and one that is exception-
ally difficult to measure,” said Frances
Donald, global chief economist with
Manulife Investment Management in
an interview.
“It launches us into a period of ex-
treme uncertainty.”
CORONAVIRUS, B

Marketsonedge,economic


fearsintensifyovervirus


COVID-19sparks‘periodofextremeuncertainty’asindicatorsflashwarningsigns


NIALLMcGEE

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