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Prosecution collapses against execs caught up in CannTrust cannabis scandal

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The prosecution of three businessmen caught up in one of Canada’s most spectacular cannabis-industry flameouts suffered its own collapse on Wednesday, as lawyers for the Ontario Securities Commission (OSC) moved to withdraw all charges mid-trial.

But even defeat didn’t come easy for the prosecution: Defence lawyers for former CannTrust Holdings officials Peter Aceto, Eric Paul and Mark Litwin refused to merely have the charges dropped and held out for full acquittals for their clients.

“After careful review of the evidence during the trial, we are of the view that as charged, there is no reasonable prospect of conviction,” OSC lawyer Dihim Emami told the court. He asked for more time to consider the defendants’ request for acquittals, however, saying it had only been presented to him minutes earlier.

Scott Fenton, a lawyer for CannTrust’s former vice-chair Litwin, appealed to the judge to end the matter “today.”

“I’m respectfully against drawing this out.… It’s time to end it for all the gentlemen.”

The sudden turnaround in the case is just the latest twist in a saga that saw one of Canada’s most valuable publicly traded cannabis companies shattered by allegations that it grew thousands of kilograms of illegal weed and then lied to investors about it. Hundreds of jobs and nearly a billion dollars in shareholder value were wiped out, while the company and its executives, directors, underwriters and auditors were hit with a raft of class-action lawsuits on both sides of the Canada-U.S. border.

Charges based on alleged illegal growing

The RCMP and OSC charged Paul, Litwin and Aceto —  who previously headed up Scotiabank’s online-banking subsidiary Tangerine — with quasi-criminal securities offences last year.

CannTrust’s greenhouse in Pelham, Ont., was at the centre of now-abandoned allegations against the company’s former CEO, ex chairman and a former director. (Tijana Martin/The Canadian Press)

The charges came after CannTrust announced in July 2019 that Health Canada had learned of “the growing of cannabis in five unlicensed rooms” at the company’s Pelham, Ont., greenhouse between October 2018 and March 2019, before the rooms received the proper approvals in April 2019.

The OSC claimed the men did not disclose to investors that nearly half the growing space at the facility wasn’t properly licensed, and that they used corporate disclosures to assert that “CannTrust was compliant with regulatory requirements.”

Prosecutors were also alleging Litwin and Aceto signed off on pitches to U.S. investors that stated CannTrust was fully licensed and compliant, and that Litwin and Paul traded shares of CannTrust while knowing about the allegations of unlicensed growing but before it was publicly disclosed.

Trial testimony last week and submissions by defence lawyers, however, painted a different picture: that the company’s entire greenhouse was licensed all along, and it just needed some routine approvals from Health Canada to start growing pot plants in the additional rooms.

Under cross-examination, CannTrust’s former director of quality and compliance Graham Lee agreed with Fenton that the company’s cannabis production licence from Health Canada didn’t actually restrict what rooms it could grow in.

That undercut the prosecution’s case, which hinged on the idea the company had been engaged in unlicensed cannabis cultivation.

At one point, Lee testified, CannTrust staff did stage photographs as part of a submission to Health Canada, in an attempt to disguise the extra growing rooms. But senior management did not instruct him to do this, he said.

Fallout

The consequences of CannTrust’s regulatory struggles have been vast: Days after it made its July 2019 announcement about the purportedly “unlicensed rooms,” the company voluntarily suspended sales of all its cannabis products. Then in September 2019, Health Canada officially suspended the company’s licence to sell. The next month, the company said it would destroy $77 million worth of plants and inventory.

As its revenue streams ran dry, CannTrust was forced into bankruptcy protection in March 2020. Once worth $1.5 billion on stock markets, the business was quickly delisted in New York and Toronto.

The company, some of its former executives and a number of its underwriters settled the cross-border class-action lawsuit for $83 million last year, without any admissions of wrongdoing. Most of the company’s remaining assets were bought earlier this year by a group of investors led by a Dutch-based private equity firm. CannTrust then changed its name to Phoena Holdings Inc.

Defence lawyers did not want to comment Wednesday. Before the trial began, Aceto’s lawyer Frank Addario told The Canadian Press that his client “behaved legally and with integrity during his time at CannTrust.”

The OSC, Ontario’s stock-market regulator, said it wouldn’t comment while the matter is still before the court.

CBC News also reached out to Health Canada with questions. The agency said it would look into it.

The case is back in Toronto’s Old City Hall court on Thursday for a determination of whether all three men will be formally acquitted.

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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)

The Canadian Press. All rights reserved.

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Dollarama keeping an eye on competitors as Loblaw launches new ultra-discount chain

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Dollarama Inc.’s food aisles may have expanded far beyond sweet treats or piles of gum by the checkout counter in recent years, but its chief executive maintains his company is “not in the grocery business,” even if it’s keeping an eye on the sector.

“It’s just one small part of our store,” Neil Rossy told analysts on a Wednesday call, where he was questioned about the company’s food merchandise and rivals playing in the same space.

“We will keep an eye on all retailers — like all retailers keep an eye on us — to make sure that we’re competitive and we understand what’s out there.”

Over the last decade and as consumers have more recently sought deals, Dollarama’s food merchandise has expanded to include bread and pantry staples like cereal, rice and pasta sold at prices on par or below supermarkets.

However, the competition in the discount segment of the market Dollarama operates in intensified recently when the country’s biggest grocery chain began piloting a new ultra-discount store.

The No Name stores being tested by Loblaw Cos. Ltd. in Windsor, St. Catharines and Brockville, Ont., are billed as 20 per cent cheaper than discount retail competitors including No Frills. The grocery giant is able to offer such cost savings by relying on a smaller store footprint, fewer chilled products and a hearty range of No Name merchandise.

Though Rossy brushed off notions that his company is a supermarket challenger, grocers aren’t off his radar.

“All retailers in Canada are realistic about the fact that everyone is everyone’s competition on any given item or category,” he said.

Rossy declined to reveal how much of the chain’s sales would overlap with Loblaw or the food category, arguing the vast variety of items Dollarama sells is its strength rather than its grocery products alone.

“What makes Dollarama Dollarama is a very wide assortment of different departments that somewhat represent the old five-and-dime local convenience store,” he said.

The breadth of Dollarama’s offerings helped carry the company to a second-quarter profit of $285.9 million, up from $245.8 million in the same quarter last year as its sales rose 7.4 per cent.

The retailer said Wednesday the profit amounted to $1.02 per diluted share for the 13-week period ended July 28, up from 86 cents per diluted share a year earlier.

The period the quarter covers includes the start of summer, when Rossy said the weather was “terrible.”

“The weather got slightly better towards the end of the summer and our sales certainly increased, but not enough to make up for the season’s horrible start,” he said.

Sales totalled $1.56 billion for the quarter, up from $1.46 billion in the same quarter last year.

Comparable store sales, a key metric for retailers, increased 4.7 per cent, while the average transaction was down2.2 per cent and traffic was up seven per cent, RBC analyst Irene Nattel pointed out.

She told investors in a note that the numbers reflect “solid demand as cautious consumers focus on core consumables and everyday essentials.”

Analysts have attributed such behaviour to interest rates that have been slow to drop and high prices of key consumer goods, which are weighing on household budgets.

To cope, many Canadians have spent more time seeking deals, trading down to more affordable brands and forgoing small luxuries they would treat themselves to in better economic times.

“When people feel squeezed, they tend to shy away from discretionary, focus on the basics,” Rossy said. “When people are feeling good about their wallet, they tend to be more lax about the basics and more willing to spend on discretionary.”

The current economic situation has drawn in not just the average Canadian looking to save a buck or two, but also wealthier consumers.

“When the entire economy is feeling slightly squeezed, we get more consumers who might not have to or want to shop at a Dollarama generally or who enjoy shopping at a Dollarama but have the luxury of not having to worry about the price in some other store that they happen to be standing in that has those goods,” Rossy said.

“Well, when times are tougher, they’ll consider the extra five minutes to go to the store next door.”

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:DOL)

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U.S. regulator fines TD Bank US$28M for faulty consumer reports

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TORONTO – The U.S. Consumer Financial Protection Bureau has ordered TD Bank Group to pay US$28 million for repeatedly sharing inaccurate, negative information about its customers to consumer reporting companies.

The agency says TD has to pay US$7.76 million in total to tens of thousands of victims of its illegal actions, along with a US$20 million civil penalty.

It says TD shared information that contained systemic errors about credit card and bank deposit accounts to consumer reporting companies, which can include credit reports as well as screening reports for tenants and employees and other background checks.

CFPB director Rohit Chopra says in a statement that TD threatened the consumer reports of customers with fraudulent information then “barely lifted a finger to fix it,” and that regulators will need to “focus major attention” on TD Bank to change its course.

TD says in a statement it self-identified these issues and proactively worked to improve its practices, and that it is committed to delivering on its responsibilities to its customers.

The bank also faces scrutiny in the U.S. over its anti-money laundering program where it expects to pay more than US$3 billion in monetary penalties to resolve.

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:TD)

The Canadian Press. All rights reserved.

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