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At the beginning of each year, our staff team selects one word to act as a filter for everything we do throughout the year. With the huge quantity of information and multitude of distractions we are faced with each day, it is extremely important to focus. Our entire life, and our reality, is created from the series of choices we make by processing, categorizing, simplifying and focusing. Order is continually coming out of the chaos. Action and energy is the result of this process.
For 2019, our filter word was “renewal.” It was a fitting word considering the many new developments throughout the year: a new Strategic Plan, a new building, a new Landscape Trades website, a new social media initiative, a new Landscape E-ssentials e-newsletter, a new equity partner in CNLA, new features at Congress, new committees, new membership recruitment process, renewed apprenticeship group sponsor program, new dues invoicing system and a renewed energy. All this helped to renew our collective work in growing a prosperous, professional, ethical, recognized, valued and contribution-oriented profession.
Despite our progress and our everchanging world, our values and principles remain unchanged and relevant. We are firmly focused on industry leadership, building community, enhancing professionalism, environmental responsibility and financial stewardship. Our aim is, and always will be, to bring together like-minded individuals who believe in contribution, integrity, service, responsibility, collaboration and advancement. I have often described the association as a community for mutual improvement, focused on advancing the profession. This ethic will never change and will always be new.
EXECUTIVE DESK
Opportunity
In 2020, our word of the year is “opportunity.” It is a great, hopeful, optimistic word. Being open to opportunity is an act of faith, much like planting a tree. The benefits are abundant and long-lasting. Opportunity creates legacies. Opportunity counteracts depression. Opportunity gives us strength as we try to make sense of the many changes around us. Opportunity stimulates positive choices. There are many quotes about opportunities found online. Here are some of my favourites:
“In the middle of difficulty lies opportunity.” — Albert Einstein “A pessimist sees the difficulty in every opportunity. An optimist sees the opportunity in every difficulty.” — Winston Churchill “The entrepreneur always searches for
change, responds to it and exploits it as an opportunity.” — Peter Drucker
Here are a couple that reflect the spirit of opportunity:
We look forward to 2020 using our filter of opportunity. We hope that 2020 brings nothing but opportunity to our extended membership family.
A word about Congress Congress is not merely a trade show. It is an event where over 15,000 individuals come to interact and benefit through the interdependence that is at the centre of all communities. Every visitor plays an
Tony DiGiovanni LO Executive Director tony@landscapeontario.com
26 important role in growing and advancing that community. Congress is all about building community.
Just imagine the results of the hundreds of thousands of conversations that were held at Congress.
Business and commerce are the primary motivation behind trade shows, but a lot more happens: friendships are made, knowledge and learning is enhanced, and fears are allayed. Attendees realize they are not alone in their experiences. Mutual support is the norm. Competency, mastery and professionalism is advanced. Problems are solved. Visitors share laughs, renew friendships, receive hugs and have fun. Others share the pain of life with each other, as they discuss friends they have lost or reflect on sicknesses and illnesses of themselves or loved ones. We even have visitors who are no longer in the profession, but come out just to experience the legacy of the industry they pioneered.
There is no way that online experiences will ever replace the depth of relationshipbuilding of face-to-face interactions.
Congress is a venue for celebration, congratulations, recognition, encouragement and support. It is a venue that encourages growth in the physical, social, intellectual and spiritual realms of being. It is communityaccelerated. It is aspirational and inspirational.
There are two concepts that describe what Congress truly is. Both were articulated by past members, and you have heard me repeat these concepts many times: “We are in the business of enhancing lives,” and “we are prosperity partners.”
Thank you for attending Congress this year. Thank you for your role as community builders.
PUBLIC RELATIONS
Chapter chat
Chapter communications got off to a great start in 2020. Incoming Georgian Lakelands Chapter president Laurie Ann Stuart, had the great idea to personally invite all of the other chapter presidents to a meeting held during Landscape Ontario’s Congress trade show and conference. Laurie Ann chaired the meeting, which was the first time most of the people in the room had actually met face-to-face.
The meeting proved to be a great forum for chapter presidents to compare notes regarding subjects such as board procedures, succession plans, meeting topics, social events and how to best encourage companies to join the association. Participants left the meeting knowing that many of the issues they face within their own chapter are common across the province. Many also left with a great deal of pride at what they have been achieving with their local chapters.
A big thank you should go out to all the chapter presidents who attended, and a special thank you to Laurie Ann for initiating the gathering — she has definitely earned a relaxing day at the spa for this year’s Georgian Lakelands Ski, Spa and Snowshoe Day!
This month, I will be on the road visiting as many LO chapters as possible, starting with the London Chapter Plant Symposium on Feb. 7. This unique and popular event combines members, students and the general public for a full day of top-quality presenters and vendors, many of which (attendees included), refer to themselves as plant nerds. It would be great if we could encourage other chapters to propagate the nerdiness at their chapter events.
I will then be flying to Ottawa to promote membership at the expanded, two-day GreenTrade Expo. In addition to the show (Feb. 12-13), the week includes an LO Peer to Peer Network session with Jacki Hart (Feb. 11), a special design workshop with Julie Moir Messervy (Feb. 11), Ottawa Chapter Awards of Distinction (Feb. 12), and two full days of great education sessions. And if that’s not enough, show organizers have many fun contests that are part of the show, including axe-throwing!
If I still have all my body parts, I will then head back to balmy Southern Ontario, where the Golden Horseshoe Chapter is hoping to breakdown that invisible barrier that happens on the Burlington Skyway by having a booth at the Niagara and area Home and Garden Show, March 27-29. The chapter will promote why professionals should join Landscape Ontario and why the public should hire them. The same message on the same weekend will be happening in the Waterloo Chapter at their local home show. I will have a busy time that weekend giving seminars at both events, then head back to the city where Toronto Chapter members will consider how to interact with the new City of Toronto Bio Diversity Strategy. This topic seems very appropriate following a recent visioning/strategic meeting I attended at the Toronto Botanical Garden, led by a couple of gurus in the world of public gardens: Dr. Don Rakow and Melanie Sifton, both from Cornell University. The outcome of the meeting was that the TBG is in the unique situation to be on the leading edge of incorporating natural habitat and ecology into a world-class botanical garden.
It promises to be a hectic few weeks ahead, but for me, it’s also a great way to meet with, and see the wonderful work of our chapter volunteers, and get feedback from them and the general public. I hope to chat with you soon!
Denis Flanagan CLD LO Manager of Membership and Public Relations dflanagan@landscapeontario.com
MEMBERSHIP
Big changes coming to membership categories
At Landscape Ontario’s annual general meeting on Jan. 8, members voted in favour of making changes to the existing membership categories. This year, the membership structure will adopt nine different classifications. This is a very exciting time for membership.
Back in 2018, one of the big goals that came out of our association-wide strategic planning session was to have 80 per cent of all landscaping companies in Ontario as members of LO. A Landscape Ontario Membership committee was then formed to help define what membership means, how it benefits companies, and what the future membership would look like. Below is an overview of the new membership categories:
Individual Membership Formerly the Horticultural membership, this category is for individuals (not companies) allied to our profession. They include municipal staff, golf course personnel, consultants, etc. In addition, all employees of every LO member company now also automatically become Individual Members.
Introductory Member This new category is designed for businesses looking to get a taste of what Landscape Ontario has to offer. Introductory Member is a low cost, low barrier for a horticultural business to try out membership for one year. Companies wishing to utilize all of the membership benefits must join one of the other membership categories.
Current Active and Interim will eventually be phased into one of three new membership categories, each with its own level of requirements.
Member The minimum one-year in business requirement for businesses to join has new been removed in order to help new companies survive in their most difficult years. Members will still be subject to the same accreditation process as Active members (job site photos or proof of education, references from two LO members, insurance and WSIB information etc.).
Professional Member After being in business for at least two years, companies can submit an application to become a Professional Member. Companies must also be able to show proof of a health and safety plan, as well as at least eight hours of professional development in order to call themselves a Professional Member.
Certified Professional Member Companies that have been an LO member for at least five consecutive years with at least 10 per cent of staff holding a professional certification or equivalent, plus provide proof of ongoing professional development and continuing education can reach this top-level category. The goal here is to also provide members with a strong base toward becoming a CNLA Landscape Industry Accredited Company. Learn more at cnla.ca/learn/landscape-companyaccreditation.
Sole Proprietor Status Over the years, many members have commented the categories did not reflect their business. Sole proprietors paid the same membership fee as a large company and were unable to utilize many of the benefits since they did not have a lot of staff. The Sole Proprietor Status is for a company with 1.5 full time (or equivalent) employees or less, which can then enjoy the benefits of a Member, Professional Member, or Certified Professional Member, depending on which category they qualify for.
Other membership types Landscape Ontario will continue to offer complimentary memberships to students, teachers of horticultural programs, and members of the media. The supplier membership categories (Associate and Chapter Associate) will remain the same.
We still have some fine-tuning and details to work on, but we are looking forward to working closely with our sector groups and other partners to explore professional development opportunities and certifications which will be acceptable requirements for accreditation. These are big changes, and there will no doubt be some growing pains as we make this transition, but we believe these new membership categories will better reflect our association’s commitment to professionalism and be more welcoming to new businesses.
I would like to give a special thank you to the membership committee of Lindsey Ross, Chris Muller, Jamie Riddell, Kelly Keates, Blake Tubby, and Brent Vanderkruk who all worked very hard to create a membership structure reflective of our current members, while also making effective changes to open our community to even more professionals.
Myscha Stafford LO Membership and Chapter Coordinator myscha@landscapeontario.com
SLIP AND FALL
Proposed changes would give contractors early notice of slip and fall claims
Arecent private member’s bill put forward by MPP Norman Miller (Parry Sound-Muskoka) has proposed changes to the Occupiers’ Liability Act, which could have significant implications for personal injury claims made against winter maintenance contractors. In Mr. Miller’s own words:
“The main purpose of this Bill, if passed, would be to change the statute of limitations on slip-and-fall lawsuits on private property from two years to 10 days, the same as the time allotted for municipally managed property. This would entail that for both municipally managed and private property, no lawsuit can be issued after this 10-day period, with the exceptions of extreme cases specified.”
Miller told the legislature he was prompted to introduce the changes as a result of conversations with business owners and constituents, who told him they were concerned about frivolous lawsuits and excessive insurance premiums. Property owners and winter maintenance business owners complained they often face slip and fall lawsuits without ever having been informed that someone had slipped and fallen on the property.
As an example, Miller described a lawsuit that was started one year and 11 months after an incident, yet the first notice provided to the business owner was service of the statement of claim. By that point, it was too late for the business owner to ask staff to remember what happened, or to look for witnesses, and the business was thus disadvantaged in defending the lawsuit.
The proposed bill would amend the Occupiers’ Liability Act to add this clause:
Limitation period - injury from snow, ice 6.1 (1) No action shall be brought for the recovery of damages for personal injury caused by snow or ice against a person or persons listed in subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been served on one or more of the persons listed in subsection (2).
Those who are to be provided with written notice of a potential claim would include: occupiers, independent contractors employed by occupiers, and landlords.
There are exceptions. A lawsuit will not be barred for failure to provide written notice where (1) a person has died as a result of their injury, or (2) if a judge finds that there is a reasonable excuse for the lack of notice, and the defendant is not prejudiced in its defence.
MPP Miller’s proposed amendment is similar to other existing legislation that requires notice of a potential claim. For example, notice must be provided to municipalities in writing in relation to slip and fall claims on municipal sidewalks and roads. That notice requirement is not just for snow and ice claims; it applies all year round. Like the proposed amendment to the Occupiers’ Liability Act, there is an exception to the 10-day notice requirement where the plaintiff provides a “reasonable excuse” for the delay, and that the municipality is not prejudiced by the failure to give notice.
In practice, in cases involving municipalities, courts have been fairly lenient in granting relief from the notice requirement. Typically, relief is granted if the injured person had a serious injury, was in the hospital, was on medications, or required therapy and treatment, which prevented reporting the claim within the notice period. If Bill 118 is passed into law, it remains to be seen whether judges will take a stricter approach to granting exceptions.
Bill 118 has received a first and second reading in the legislature. It has been referred to the Standing Committee on Regulations and Private Bills for public hearings and consideration of amendments. Landscape Ontario has provided its support for the bill. The Ontario Trial Lawyers Association (whose membership largely consists of plaintiffside personal injury lawyers) has expressed its opposition on the basis that the legislation will create undue red tape for those who are injured.
Visnja Jovanovic Moodie Mair Walker LLP
PROSPERITY PARTNERS
Peer to Peer Network continues to grow
The Landscape Ontario Peer to Peer Network feature event at Congress 2020 had over 60 business owners and managers roll up their sleeves and take a deep dive into developing their own Leadership 2.0 plan for 2020. There was an awesome buzz and energy in the room that left me feeling honoured and grateful to have the trust and attention of so many looking to improve their management skills. I was equally excited at the engagement and collaboration among the active members of this awesome group.
Each year, members of the Peer to Peer Network have six face-to-face workshops they can choose to attend, including the Congress event and our two-day Muskoka Summit in September. In between, three one-day workshops are held while there’s still snow on the ground and time (for most) to work on their own professional develop ment and business improvement initiatives. At our Congress event, members worked together to learn new tools, practice them in break-out sessions, and mentor each other with ideas and challenges. At the event, the group also sets the priorities for workshops ahead, and it’s my job to then deliver what they ask for.
For some fun this year, everyone was given $10,000 in play money to then allocate to items on a top ten “needs work on improving in 2020” list. Here’s the topics and how the group collectively spent their money as a way to direct the priorities for our 2020 program: $94,500 - Hiring practices, job clarity flow (Discussed Jan. 30 in Ajax) $89,250 Exit strategies, succession planning (September Summit topic) $73,750 - Team culture/working together (Feb. 11 in Ottawa at Green Trade Expo) $73,250 - Sales skills development (March 11 in Kitchener) $59,250 - Industry specific grants,
programs, scholarships (Discussed Jan. 30 in Ajax) $52,250 - Profession show and tell. This fun, new idea is a peer member networking showcase of technology, software, tools and equipment — a true testimony to the trust and collaborative nature of the group. (September Summit topic) $40,000 - Managing operational efficiency to achieve customer WOW. (September Summit)
The feedback from everyone who attended the Congress event was excellent. Group members feel there is relevant and enlightening content and lots of networking and collaborative learning throughout the day. Be sure to visit HortTrades.com/p2p for full details and registration links to our events throughout the remainder of 2020, including: Feb. 11 in Ottawa, March 11 in KitchenerWaterloo, and Sept. 24-25 in Muskoka.
Continue the conversation online as a member of Landscape Ontario’s Peer to Peer Network. Owners and managers can join for free. Email signup.peer2peer@ landscapeontario.com.
Jacki Hart CLM Prosperity Partners Program Manager info.peertopeer@landscapeontario.com
John Larsen, owner of Garden City Groundskeeping Services in Mississauga, Ont., has enjoyed participating in Land scape Ontario’s Peer to Peer Network for the past four years. Larsen joined the group because he was looking for answers to grow ing pains and staffing issues. “Having specific topics and seeing people ask ques tions I could relate to really caught my attention. The atmosphere in the room is very warm and everyone wants to help you succeed. Before long, I was participating and reach ing outside my comfort zone,” he explains. “It is exciting to feel comfortable and to participate.”
Now more comfortable with the group and the topics, Larsen says he soon real ized he was not alone in his business. “I have gained great relationships, improved knowledge, validated many ideas, and found the answers to many questions. Because of the great people in the group, I know I can pick up the phone, ask a ques tion, and the person will understand the situation because of what we’ve learned in the workshops together. The topics are cur rent, and the group chooses the issues to be discussed.”
John says the inspiration the group pro vides is priceless. “Personal growth is really the best outcome,” he says. “I learned to open up, change my style, share my chal lenges and concerns, and complete the circle, which is to listen to others.”
“We have a good diversity in the room, with many sizes and scopes of work. I did not come out with a clear path, however, I got the tools and gained confidence to move forward, ask questions, and to listen to what others have tried in order to find success,” says Larsen.
Larsen applied his new-found knowl edge to work with staff and a moderator to develop core values for his company. “Now when we are working or making a decision or see the actions of others, we can ask ourselves how those actions or decisions align with our core values. The answer is simply a ‘yes’ or ‘no.’” John Larson