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Victory for Trans Mountain pipeline as appeal court rejects challenges – Financial Post

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OTTAWA — A federal court judge has rejected claims by several First Nations that federal officials failed to adequately consult with them on the Trans Mountain pipeline, removing a major barrier hanging over the long-delayed project.   

Three Federal Court of Appeal justices ruled unanimously to reject claims by Indigenous communities who sought further investigation into Trans Mountain, saying there was “no basis for interfering” with Ottawa’s re-approval of the pipeline. The judges found that federal consultations with Indigenous communities were “reasonable and meaningful.”

“Contrary to what the applicants assert, this was anything but a rubber-stamping exercise,” Justice Marc Noël wrote in his ruling. 

The decision on Tuesday notches a win for Prime Minister Justin Trudeau, who approved the project for a second time in June 2019 after an earlier federal court decision halted construction on the pipeline. Few obstructions now remain for the expansion project, after a separate legal challenge against TMX by the B.C. NDP government was tossed out in December.

The decision will be met with widespread relief in Western Canada’s oil and gas industry, where resentments over prolonged legal and regulatory delays have been running high. Years-long delays on major pipeline proposals, including TC Energy’s Keystone XL pipeline and Enbridge’s Line 3 replacement, have caused pipeline shortages that have driven down prices for Canadian crude. 

Applicants against Trans Mountain included the Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and a coalition of small First Nations in the Fraser Valley. The Indigenous applicants provided a spirited rebuke of the pipeline, filing over 60,000 pages of evidence that sought to overturn its approval.

This most recent ruling marks the tail end of what has been a drawn out legal battle. 

In August 2018, retired Justice Eleanor Dawson overturned Ottawa’s approval of the expansion project, ruling that Crown officials had failed to properly consult with Indigenous communities, and that their discussions lacked “meaningful two-way dialogue.”

The decision also ruled the national energy regulator had erred in its failure to consider a report on marine impacts in its final recommendation to cabinet.

The decision immediately halted construction, and forced former natural resources minister Amarjeet Sohi to conduct months-long consultations with the 129 First Nations communities that reside along the proposed pipeline route.

Tuesday’s decision was a review of those consultation efforts. Noël and the other two justices categorized shortfalls in previous Crown consultations as “limited flaws,” and said the government’s argument in favour of the re-approval “did not suffer from errors in reasoning or logical deficiencies” of the sort identified in previous court challenges. 

It said government officials “looked at the issue of Canada’s compliance with the duty to consult afresh,” in the second round of negotiations. 

They also listed a host of public programs introduced by the Liberals, including aspects of its $1.5-billion Ocean Protection Plan, as reasons to reject the Indigenous appeal.

The Trudeau government purchased the pipeline in 2018 for $4.5 billion after its previous owner, Houston-based Kinder Morgan, threatened to pause all major investment in the expansion amid legal challenges in B.C. The expansion would nearly triple capacity of the pipeline, transporting 890,000 barrels of oil per day from northern Alberta to a port near Vancouver. Kinder Morgan first applied to build the conduit in 2012.

Last week the Canada Energy Regulator announced that it would re-commence detailed route hearings for the project. Trans Mountain Corp., the Crown corporation that now operates the pipeline, says 68 per cent of the pipeline’s detailed route has been approved.

Financial Post

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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

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Talks on today over HandyDART strike affecting vulnerable people in Metro Vancouver

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VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.

No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.

About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.

Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.

Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.

A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”

This report by The Canadian Press was first published Sept. 12, 2024.

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

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