Opinion: Activist shareholder's bid to oust CN Rail executive, board members is misguided - The Globe and Mail | Canada News Media
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Opinion: Activist shareholder's bid to oust CN Rail executive, board members is misguided – The Globe and Mail

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Founder of TCI Fund Management and activist investor Christopher Hohn is ramping up a bid to oust Canadian National Railway’s executive after the company’s failed acquisition of Kansas City Southern Railway.

Darryl Dyck/The Associated Press

Imagine for a moment that activist investor Christopher Hohn owned the Montreal Canadiens.

Picture the billionaire British founder of TCI Fund Management telling hockey fans he is firing the Habs’ general manager and coach, and sending the NHL team’s three best players to the Calgary Flames. And Mr. Hohn also owns the Flames.

That’s the sort of misalignment that exists with fellow shareholders in Canadian National Railway Co. as Mr. Hohn presses ahead with a proxy fight at the Montreal-based railway.

TCI owns 5.2 per cent of CN Rail. TCI also owns eight per cent of Calgary-based Canadian Pacific Railway Ltd.

Over the past four months, Mr. Hohn steadily ramped up a campaign against CN executives. He wanted them to end the pursuit of Kansas City Southern (KCS), the U.S. railway that ranks as the corporate equivalent of the Canadiens’ Hall of Fame goalie and two young forwards who lit it up in last year’s Stanley Cup run. Mr. Hohn now wants four of 14 directors replaced, including chair Robert Pace, and chief executive Jean-Jacques Ruest ousted.

Mr. Hohn’s approach since May effectively has conceded KCS and its coveted southwestern U.S. and Mexican network to CP Rail.

The fact that Mr. Hohn has two horses in the race for KCS, one of which is his clear favourite, means his goals differ from those of fellow CN Rail shareholders. His bare-knuckles approach to such fights has been labelled as “poison,” and Mr. Hohn has been compared to a “locust” by executives at past targets, which include Deutsche Boerse and railway CSX Corp.

Activist investor TCI turns up heat on CN Rail, proposes slate of directors

Kansas City Southern formally scraps CN takeover agreement, backs rival CP offer

Mr. Hohn makes two arguments to support TCI’s activist campaign. In letters and presentations to the CN Rail board, he showed the railway’s results lag those of rivals. Mr. Hohn also said: “The bid for KCS exposed a basic misunderstanding of the railroad industry and regulatory environment.”

The first point is true. For a number of reasons, some outside the railway’s control, CN Rail currently trails other North American railways in efficiency. However, CN Rail executives have made it clear they are on top of the problems. Operations are going to improve, no matter who is on the board.

Mr. Hohn’s second argument is self-serving nonsense. If anything, the CN Rail board and CEO should have been canned if they lost their nerve and failed to take a shot at KCS, the smallest of North America’s seven large railways, and the player with the strongest growth prospects.

For two decades, U.S. regulators at the Surface Transportation Board (STB) made it clear that any consolidation among major railways would face intense scrutiny on competition concerns. In March, when CP Rail kicked off the battle for KCS by striking a friendly, US$29-billion deal, it was universally acknowledged that if the STB was going to approve any takeover, KCS would be the target and no further deals were likely.

KCS represented a once-in-a-generation opportunity to build a network that seamlessly links Mexico’s industrial and agricultural centers to U.S. and Canadian markets. In April, CN Rail tabled a richer offer, and for a few weeks, seemed likely to win KCS.

In early July, U.S. President Joe Biden effectively changed the rules of the takeover game by signing an executive order aimed at limiting corporate concentration across all sectors. The next month, the STB nixed a key element of CN Rail’s takeover strategy on competition issues, while CP Rail raised its offer.

With CP Rail now poised to win KCS – the STB still needs to give final approval – consider what CN Rail accomplished.

Mr. Ruest came close to building the dominant player in an industry that rewards scale. He saw the landscape shift mid-deal, yet still will walk away with US$1.4-billion in termination fees – a hefty consolation prize – and the satisfaction of forcing an arch rival to pay more on an acquisition.

It’s not the outcome CN Rail’s CEO wanted. However, it’s no reason to replace Mr. Ruest and four directors. Unless you are TCI’s Chris Hohn, and your nose is out of joint because the Montreal team ignored your advice, and the Calgary team had to pay a higher price to win the prize.

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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)

The Canadian Press. All rights reserved.

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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.

The Canadian Press. All rights reserved.

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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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