Landscape Trades August 2019

August 2019 VOL. 41, NO. 6

landscapetrades.com

Snow liability limitation law shows promise Truckbed salter spec roundup Rude comments won’t change me: Lombardi

Make salt do more with less:

Contractors embrace

BRINE

Snow focus 2019 PM40013519

SNOW & ICE

Sign up for FREE now at golmn.com

Contents EDITOR AND PUBLISHER Lee Ann Knudsen CLM | lak@landscapeontario.com

AUGUST 2019 VOL. 41, NO. 6

ASSISTANT EDITOR Scott Barber | sbarber@landscapeontario.com ART DIRECTOR Kim Burton | kburton@landscapeontario.com LANDSCAPE ONTARIO MAGAZINE EDITOR Robert Ellidge | rob@landscapeontario.com MULTIMEDIA DESIGNER Mike Wasilewski | mikew@landscapeontario.com ACCOUNTANT Joe Sabatino | joesabatino@landscapeontario.com

Snow and ice management focus 2019

ACCOUNT MANAGER Greg Sumsion | gsumsion@landscapeontario.com COMMUNICATIONS COORDINATOR Angela Lindsay | alindsay@landscapeontario.com ADVISORY COMMITTEE Gerald Boot CLM, Laura Catalano, Jeremy Feenstra, Mark Fisher, Hank Gelderman CHT, Marty Lamers, Bob Tubby CLM, Nick Winkelmolen, Dave Wright Landscape Trades is published by Landscape Ontario Horticultural Trades Association 7856 Fifth Line South, Milton, ON L9T 2X8 Phone: (905)875-1805 Email: comments@landscapetrades.com Fax: (905)875-0183 Web site: www.landscapetrades.com LANDSCAPE ONTARIO STAFF Darryl Bond, Amy Buchanan, Tony DiGiovanni CHT, Denis Flanagan CLD, Cassandra Garrard, Meghan Greaves, Sally Harvey CLT CLM, Keri MacIvor, Heather MacRae, Kathy McLean, Kathleen Pugliese, John Russell, Ian Service, David Turnbull, Lissa Schoot Uiterkamp, Tom Somerville, Myscha Stafford, Martha Walsh

Landscape Trades is published nine times a year: January, February, March, April, May, August, September, October and November.

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Subscribe at www.landscapetrades.com Copyright 2019. All rights are reserved. Material may not be reproduced in any form without written permission from the publisher. Landscape Trades assumes no responsibility for, and does not endorse the contents of, any advertisements herein. All representations or warranties made are those of the advertiser and not the publication. Views expressed do not necessarily reflect the views and opinions of the association or its members, but are those of the writer concerned.

FEATURES

6 Liquid asset: Contractors adopt brine

Long used by municipalities, contractors are now leveraging brine’s advantages.

BY JORDAN WHITEHOUSE

12 Truckbed salter gear guide

Compare the models and specs of a snow-fighter essential.

COMPILED BY SCOTT BARBER

16 See you in September — at CanWest

Preview of British Columbia’s top horticulture event.

COLUMNS

18 Legal matters

Consider the law before removing boundary trees.

BY ROB KENNALEY AND KIRK BROWN

22 Management solutions

U.S. liability limitation legislation trims insurance rates.

BY MARK BRADLEY

26 Road to success

Front-line stories from the 2019 spring rush.

BY ROD McDONALD

38 Mentor moment

Rob Welsh promotes the excitement of horticulture careers.

DEPARTMENTS

ISSN 0225-6398 PUBLICATIONS MAIL SALES AGREEMENT 40013519 RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: CIRCULATION DEPARTMENT LANDSCAPE TRADES MAGAZINE 7856 FIFTH LINE SOUTH, MILTON, ON L9T 2X8 CANADA

GREEN PENCIL 4 SNOW PRODUCTS 30 NEWSSCAPE 32 CNLA NEWS 34 EVENTS 37 ADVERTISERS 37 CLASSIFIEDS 37

COVER PHOTO: Mike Schram

AUGUST 2019 | LANDSCAPE TRADES |

3

greenpencil Ignorant, negative comments are real, but

I don’t let them change me!

I

have always enjoyed working outside.

As a little kid and now, I have always enjoyed digging a good hole, and planting a new shrub or tree, cutting a nice fresh lawn and admiring the lines in the grass, grafting cherry tree branches onto apple trees, pruning grape vines in my grandfather’s back yard, installing a water feature, installing a hedge, a footing for a gazebo, gravel for a patio … I love what I do.

A few years back, I was working in the hot sun and having a rough day. While working, my client came out of his house to talk.

He is a very long-standing client and we are friends, so after we exchanged a few of the issues with running our businesses, he said, “Look Tony, if owning and running a business was easy, everyone would do it.” At 78, he still runs his company with his son and daughter. I still work with that client and we still talk very often about business and it’s challenges. However, I will never forget that one line — “If owning a business was easy, everyone would

By Tony Lombardi do it.”

A lot of our work requires physical strength, but it also requires a great deal of mental strength. Physical strength can only can take you so far — you need your mental strength for problem solving, stress management, sorting client matters, staffing issues, and more problem solving. You really need to master a balance of your physical strength, combined with your mental strength to operate a good and sound business. Nothing is easy with the landscape business, but I still love what I do.

I have great clients, great staff and I get a lot of satisfaction in having the choice to do the right thing, and the right way. It’s why I have my own business — I can make my choices and I can enjoy the rewards of success. Success doesn’t come easily and in fact, it doesn’t always happen. I have to make a lot of sacrifices. I work long hours. I make mistakes. A lot of them. I have hired the wrong people, I have lost the right people, I have had client problems because of mistakes on- and off-site. There are things that I can control and a lot of things I can’t control — rain days, snow days, truck problems, labour issues, traffic, rain days, equipment problems, material shortages, scheduling issues … did I mention rain days? All these issues make for a lot of stress. They can test the most resilient of people and make them want to look over the fence and jump, to see if the grass is actually greener elsewhere. Well, I tried that also. I have done research work in a library, worked in

an office, worked retail, worked in corporate offices, etc. I even worked at another great landscape company and I can tell you with certainty — most of the time, you have to focus on your own lawn, and decide what you have to do, to make your lawn, the best lawn, for you.

Recently, Tony DiGiovanni wrote a piece in Landscape Ontario magazine that addressed some of the negative perception and stigmas of our line of work. Sometimes we have dirt under our fingernails, that won’t come out for days — even with a good nail brush. Sometimes, we can’t get the green off our hands, from cleaning wet grass out of a lawn mower. Sometimes, the dirt that tracks in our house, after a hard day slopping in the mud, makes your Mom, wife, parents or kids yell at you. Sometimes they tell you that you need to find a job in an office, so you don’t make this mess in their house.

Unfortunately, sometimes we create our own negative stigmas within our own industry. Sometimes, we have to look at ourselves in the mirror, give our heads a shake and make the decision to be better. We need to start with the person in the mirror.

Over the last couple of years, our industry has seen major challenges with labour, weather and issues related to growing cities, changing demographics and attitudes in the work force. We are faced with more problems of varying degrees and complexities than I have ever seen. I have seen several of my friends close their businesses, which have been running for over 30 years. For some, the challenges have been very hard to overcome. With all these challenges and negative issues, I still love what I do.

One issue I didn’t foresee were negative comments coming from areas I never would have expected. Some were pretty close to home. Some hurt really badly. Here are but a few, which are verbatim: “No offense, but don’t you think you should find a better line of work? Don’t you want your kids to have a better future?”

“Don’t you think having dirty nails is un-lady like?”

“I don’t want my son to come home with dirt on his boots; he should get a nice office job!”

“Tony, your business doesn’t belong here — there are better businesses that will take your space and pay more money”.

“Hey Tony, what kind of example do you want to give your kids?

Do you want them to do this kind of work?”

“Tony, I don’t see myself having a future with your company.”

“Tony, I don’t want my daughter to do this kind of work — she deserves better.” continued on page 35

4 | AUGUST 2019 | LANDSCAPE TRADES

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Liquid asset: Brine is taking hold with contractors

BY JORDAN WHITEHOUSE

You don’t have to look much farther than your own street to see how popular brines and other liquid de-icers have become in this country.

6 | AUGUST 2019 | LANDSCAPE TRADES

Pumps, hoses and containers used to make brine.

M

unicipalities have embraced them in one form or another for years. Advantages include increased safety, decreased environmental damage and potentially lower costs. But recently, more private contractors have been seeing the benefits, too, especially the bigger operators.

Take Clintar Landscape Management, headquartered in Markham, Ont., with franchises across Canada. Five years ago, they weren’t using any liquids. Now they’re using liquids in half their locations.

“It’s working really well for us in some parts, and we believe it’s the future,” says Terry Nicholson, Clintar’s VP of Operations. “It’s not something that we’re close to accomplishing 100 per cent yet, but we are working towards it.”

They aren’t alone. The Snow and Ice Management Association (SIMA) says that about a quarter of its members use liquids in some capacity, whether that’s as a pre-treatment, post-treatment or as a way to pre-wet granular salt. And those numbers are going up, says Brian Birch, SIMA’s Chief Operating Officer.

“I don’t know how fast, but it is becoming more in demand, especially with the larger commercial contractors,” he says. “They have more resources and more people dedicated to researching it and implementing it, because there definitely is a learning curve.”

There can also be a significant investment in equipment, and even if a contractor has that upfront money, he still has to convince customers that liquids are a good idea. In a liability-heavy market where people are more familiar with solid salt than liquid brine, that’s not always easy.

THE GOOD Trucks outfitted with brining equipment.

This equipment allows the driver to “pre-wet” rock salt with brine before spreading it on the road.

This helps the salt stick to the pavement, which improves its effectiveness and reduces the overall amount of salt needed to treat roadways for icy conditions.

So how should contractors begin having those conversations with customers? By explaining the benefits of liquids. And there are lots, says Phill Sexton, the founder of WIT Advisers of Delanson, N.Y., which works with contractors across North America to develop more sustainable snow and ice practices.

“If you care about increasing efficiencies that enable increased profit over time, then brine is the way to go,” he says. “Brine saves wasted salt being spread that bounces and scatters, and it saves time by allowing de-icing applications to work faster.” It can also prevent the bond of snow and ice to paved surfaces, he adds, and when contractors can do that, they decrease the chance of someone slipping and falling, which in turn reduces risk. “All these combined benefits mean contractors can help their clients control their spending, and the contractor to be more efficient, which means more profit without charging the client more.”

As for those profits, it’s tough to generalize, as brines and other liquid de-icers can range from 10 cents to $1 per gallon (less if the contractor wants to make it AUGUST 2019 | LANDSCAPE TRADES |

7

Preparing to feed a front-end loader full of salt into a machine that mixes it with water.

BP Landscaping’s 20,000-gallon tanks holding a supply of beet juice and brine.

up applications of granular salt afterwards there’s less residual to melt away, so we end up using less materials.”

THE CHALLENGE

himself). But as many contractors know, recent salt shortages have caused rock salt prices to skyrocket, meaning these liquid alternatives that require less salt can be good for the bottom lines of customers and contractors.

Still, liquids are new to many customers, and there’s a sustained and growing anxiety about slip and fall liabilities. “Customers want to know that they’ve been serviced; they want to see that they’ve been serviced, and you can’t see a liquid very easily,” says Brian Birch.

Thus, starting small is key, says Robert Tester, president of TNT Property Maintenance and Your Salt Connection in Kitchener, Ont. “We advise taking baby steps if people aren’t too sure about it, maybe getting you into treated salt first, then let’s get you into doing some pre-spraying of sidewalks or stairs or runways of busier properties. Then later maybe you’re ready to spray brine for everything.”

It’s also key for all parties to understand that not all liquids are created equal. Like rock salt, straight salt brines work best at temperatures no lower than -10 degrees Celsius. Other liquids, like magnesium chloride and beet juice, can work in colder temps.

At Clintar, Nicholson says in general they’re learning that brines work best as a pre-treatment, particularly when later trying to scrape the hard packed snow off the asphalt. “The brine makes it a lot easier, and with follow8 | AUGUST 2019 | LANDSCAPE TRADES

Outside of additional equipment costs, the learning curve contractors like Clintar have to go through is one of the biggest challenges with liquids. It’s a whole paradigm shift in just considering one product for all conditions (granular salt) versus a different product or different combination of products, depending on the conditions.

“It’s much more complicated than just going out and spreading rock salt,” says Birch. “There are even some scenarios where the liquid can cause the exact opposite of what you want if you don’t understand the weather and the surface temperatures and the wind moisture that could condense out of the air and potentially freeze.”

And then there’s typically a shift in how contractors have to service accounts. With granular salts, crews may go out an hour before a storm or during it. But with liquids, they may have to be trained to go out a day before. That sounds like any easy shift to make, but not always.

“Right now, one of our challenges is selling the concept to our own staff,” says Nicholson. “You need buy-in from everybody that it’s going to work, but because it’s relatively new, just convincing people that it’s the right way to go can be tough.”

What helps, though, he says, is targeting the younger generation of staff, because they tend to be more open to change. Communicating the environmental angle is also good, he adds, because it’s relatively clear to most that salt is bad for our waterways and that

liquids minimize that impact.

There has to be an even larger cultural shift across the industry for true change to happen, says Sexton. And what inspires change are two things, he’s learned: pain and awareness.

The pain part has been there with the recent — and likely ongoing — salt shortages. “Now we have an awareness and education opportunity to get simple, easy to understand and scalable information out to the broad industry. We need the ‘got milk’ or ‘just do it’ awareness and marketing campaign so that the producers, applicators and end-user clients who purchase salt applications all understand the issues and opportunities.”

THE FUTURE Everyone we talked to for this story thinks that cultural shift will continue to happen, particularly with larger contractors who have the budgets, manpower and knowledge to shift to liquid. But they agree it won’t happen overnight.

“A lot of people in this industry are not in it as a full-time operation, and I don’t see them spending a lot of money upgrading their equipment,” says Brian Perras, owner of BP Landscaping in Caledon, Ont. “So unless somebody like the government mandates changes, even if it’s a five-year phase-in policy or something, I don’t see that changing any time soon.”

Brian Birch is a bit more hopeful. He believes there will be more opportunities with sophisticated clients that are more focused on the environment, more focused on finding quality contractors over just the lowest bidders. “I can’t predict liquids taking over rock salt, but I think the pressures of environment and need for better service, higher expectations, and efficiency will continue to drive liquid use for sure.”

Terry Nicholson doesn’t think Clintar will ever totally stop using rock salt, but he does believe they will use a lot less in the future. Technology application improvements will certainly help with that, he says, but the public education component is huge. “The public has to understand that salt is damaging our waterways and that more salt doesn’t LT necessarily create safer conditions.”

Jordan Whitehouse is a freelance writer based in Vancouver, B.C.

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GEAR GUIDE:

Truckbed sa COMPILED BY SCOTT BARBER

Success in snow has plenty to do with the numbers — ask any contractor. Landscape Trades is trying an experiment this year: compiling specs on an important equipment category.

Maybe you are looking to buy a new spreader, or maybe you just enjoy comparing the stats.

In either case, please let us know if this is a good use of your magazine space.

SALTDOGG PRO 2000 SALT/SAND SPREADER The SaltDogg Pro 2000 comes standard with a vibrator, top screen, fitted tarp, tie downs and a remote auger bearing grease kit.

BRAND MODEL

CAPACITY FEED MECHANISM (CUBIC YARDS)

SPREAD CONTROLS (FEET)

Blizzard

Ice Chaser

1.5

Pintle chain

Up to 40

Dual variable speed

Blizzard

Ice Chaser LP

0.5

Auger

Up to 40

Dual variable speed

Boss

VBX 6500

1.5

Pintle chain or auger

2-40

Dual variable speed

Boss

Forge

1

Pintle chain or auger

2-40

Dual variable speed

Fisher

Poly-Caster

1.5

Pintle chain

Up to 40

Dual variable speed

Fisher

Steel-Caster

1.5

Pintle chain

Up to 40

Dual variable speed

Fisher

Speed-Caster 525

5.25 cubic feet

Auger

Up to 30

Dual variable speed

Meyer

Elite 6

1.5

Drag or belt-over chain

Up to 30

Wireless with gas models

Meyer

Base Line 600

1.5

Drag chain

Up to 30

In-cab with electric start

Meyer

Crossfire Standard

1.5

Auger

4-40

In-cab controller

Meyer

Crossfire Deluxe

1.5

Auger

4-40

In-cab controller

Meyer

Polyhawk

1.5

Drag chain

4-30

Wireless with gas models

SaltDogg

SHPE 1000

1

Auger

5-30

Dual variable speeds and vibrator

SaltDogg

Pro 2000

2

Auger

5-30

Dual variable speeds and vibrator

SaltDogg

1400050SS

2

Conveyor chain

5-30

Dual variable speed

SaltDogg

1400455SSE

2.5

Conveyor chain

2-30

Dual variable speed

SaltDogg

1400475SSE

3.5

Conveyor chain

4-30

Dual variable speed

12 | AUGUST 2019 | LANDSCAPE TRADES

alt spreaders THE FISHER POLY-CASTER HOPPER SPREADER Fisher Poly-Caster features a 16-1/2 inch wide pintle chain conveyor with corrosion-resistant stainless steel guards.

WESTERN STRIKER STAINLESS STEEL HOPPER The Western Striker utilizes an extra large 15-1/2 inch polyurethane spinner, which delivers a spread pattern up to 40 feet.

MOTOR

ADDITIONAL SIZES/MODELS AVAILABLE

Dual electric

1.8 and 2.5 cu. yd.

Dual electric 3/4 horsepower

VBX 8000 (2 cu. yd.) and VBX 9000 (3 cu. yd.)

1/2 horsepower

1.5 and 2 cu. yd.

12V dual electric

1.8 and 2.5 cu. yd.

12V dual electric

2, 3, 4.5 and 6 cu. yd.

12V dual electric

Speed-Caster 900 (9 cubic feet)

Dual electric, gas or hydraulic

Elite 8 (2 cu. yd.) and Elite 10 (4.5 cu. yd.)

Dual electric, gas or hydraulic

Base Line 800 (2 cu. yd.)

1/2 horsepower, electric

2 cu. yd.

1/2 horsepower, electric

2 cu. yd.

Gas or electric

2 cu. yd.

12V dual electric

Multiple sizes between 0.75-6 cu. yd.

12V dual electric

Pro 2500 (2.5 cu. yd.)

10.5 horsepower, gas

1.5 cu. yd.

12V dual electric

1.5, 2.75 and 3 cu. yd.

12V dual electric

4, 4.5, 5 and 5.5. cu. yds. continued on page 14 AUGUST 2019 | LANDSCAPE TRADES |

13

MEYER CROSSFIRE SPREADER Meyer Crossfire’s built-in pre-wetting system speeds up the melting process and reduces how far the granulates bounce once they hit the pavement.

BOSS FORGE SPREADER Boss Forge’s stainless steel hopper is constructed with a combination of bolting, riveting and welding for durability and serviceability throughout the spreader’s lifetime — allowing you to maintain and replace individual parts rather than the entire unit.

BRAND MODEL

CAPACITY FEED MECHANISM (CUBIC YARDS)

SPREAD CONTROLS (FEET)

SaltDogg

1400475SSH

3.5

Conveyor chain

4-30

Sold separately, multiple options

SaltDogg

1406657SSH

6

Conveyor chain

2-40

Sold separately, multiple options

Snow Ex

V-Maxx G2 VX 1500

Struck 1.5

Auger

Up to 40

Dual variable speed

Snow Ex

V-Pro SP-3000

Struck 0.5

Auger

Up to 40

Dual variable speed

Western

Striker

1.5

Pintle chain

Up to 40

Dual variable speed

Western

Tornado

1.5

Pintle chain

Up to 40

Dual variable speed

ENGAGE ENVISION EVOLVE OCTOBER 9&10 2019 NIAGARA FALLS SCOTIABANK CONVENTION CENTRE

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14 | AUGUST 2019 | LANDSCAPE TRADES

BLIZZARD ICE CHASER SPREADER The Blizzard Ice Chaser spreads all ice control materials including combinations of sand, salt and calcium chloride.

MOTOR

ADDITIONAL SIZES/MODELS AVAILABLE

Hydraulic

4, 4.5, 5 and 5.5 cu. yd.

Hydraulic

6-15 cu. yd.

12V dual electric

Multiple models 1.5-6 cu. yd.

12V dual electric

SP-6000 (struck 1 cu. yd.)

Gas, electric or hydraulic

2, 3, 4.5, and 6 cu. yd.

12V dual electric

1.8 and 2.5 cu. yd.

LT

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AUGUST 2019 | LANDSCAPE TRADES |

15

B.C. hosts green opportunity

CanWest 2019

Always

16 | AUGUST 2019 | LANDSCAPE TRADES

a professional favourite, CanWest is a great way to kick off tradeshow season. Produced by the British Columbia Landscape Nursery Association, the Abbotsford, B.C., CanWest is noted for its colour, friendliness and creative displays built around a fresh idea each year — “Vintage” is this year’s theme.

CanWest attracts 3,000 delegates visiting more than 300 booths. Products are a perennial draw, while the New Product Showcase and Greenhouse Demo Zone both deliver.

Last year, more than 1,200 seats were sold in CanWest educational programs. Top-name horticulturists speaking at CanWest 2019 include Dr. Linda Chalker Scott, Frankie Flowers, Tracy DiSabato Aust and Paul Zammit. All workshops and seminars are eligible for Continuing Education Unit credits.

The show features five half-day, hands-on workshops. Choose from a session on plant care, pest management and biocontrol by Mario Lanthier; “Pest Management for Lawn Care” and “Biocontrol for Cannabis” by Suzanne “Buglady” Wainwright-Evans; as well as workshops

on water-smart gardens by Sean James and fountainscaping by Gord Szolnyanszky. Free truck and trailer safety demos are offered on both show mornings.

General educational sessions run 90 minutes on a range of green topics, including native species, healthy soil, upselling landscapes with lighting, small space gardening, the art of delegation and others.

Extend your stay to participate in a Landscape Designers Symposium, Fraser Valley Tour and Urban Foresters Symposium.

Plenty of fun networking opportunities are planned, including happy hours on both show days. Delegates will also enjoy a celebrity container competition.

British Columbia’s commitment to the next generation of green professionals takes centre stage at CanWest. Its Green Careers Youth Tour starts off with industry professionals discussing tips for entering the industry. Students then meet exhibitors to discuss the latest technologies and innovations in their sector. The tour finishes at the CanWest Job Board, where students (and horticulture professionals of all levels) can explore career and training opportunities within horticulture.

CanWest 2019 runs Sept. 25-26 at Tradex in Abbotsford, B.C. The venue is convenient to Abbotsford airport; parking and WiFi are free. For more information visit www.

LT canwesthortshow.com.

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legalmatters

CASE STUDY:

Tree removals, boundary trees and nuisance

BY ROB KENNALEY AND KIRK BROWN

In many, if not most, municipalities in Canada, a tree removal by-law or legislation dictates an approval is obtained before a tree of a certain caliper can be removed. Often, whether or not the approval will be granted will depend on a number of factors, including whether or not the tree is damaged, will threaten persons or property, is in the way of necessary infrastructure changes or will be replaced with suitable replacement trees capable of providing similar or better shade, wildlife habitat and/or CO2 contributions.

Things change, however, when we are talking about a boundary tree, which is situated on a property line between two adjoining properties. In that case, receiving prior municipal or regulatory approval may not be sufficient to remove a tree, in particular a “boundary tree.” Disagreement over removal of a boundary tree can often be contentious and lead to legal action.

In Allen v MacDougall, 2019 ONSC 1939,

the Ontario Superior Court of Justice considered the removal of a boundary maple tree to accommodate the expansion of an owner’s home. The tree was healthy, had been on the property for 50 to 60 years and was in existence prior to the arrival of the owners. The owners had obtained relevant municipal permits to remove the tree. Their neighbours objected on the basis that they were part owners of the tree and as such, the owners could not unilaterally decide to remove it. In support of this notion, counsel for the neighbours went so far as to state “that no matter how unreasonable it may seem not to let your neighbours take your property, you can refuse to do so even if the neighbours really need it.”

The owners (in an application for an order allowing them to demolish the tree) argued that they should be entitled to remove the tree based on the law of ‘nuisance.’ They argued that the tree was a nuisance because

it was in the way of their planned, and necessary, expansion. They relied on a number of cases, including a Supreme Court of Canada case that recognized, at common law, “an owner would clearly have a right to claim for nuisance against roots, branches, etc., growing on his land from a tree located on his neighbour’s land.” The owners argued that “this principle should not change just because the tree straddles the boundary line between the two properties.”

The court, however, stated that “If your own use of your property constitutes a nuisance, the neighbour may be in a position to interfere with that use” and that “(t)he law of nuisance seeks to balance the competing rights of owners — one neighbour to do what he wants and the right of the other neighbour not to be interfered with.” It went on to hold that contemporary environmental considerations had decreased the orders to remove trees on the basis that branches

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legalmatters property and had only became a nuisance when the owners decided to add an addition to their home.

Ultimately the court applied the test annunciated by the Supreme Court of Canada in Antrim Truck Centre Ltd. v. Ontario [2013] 1 S.C.R. 594 which states, “for there to be a nuisance, there must be an interference with a property owner’s use and enjoyment

etc. breached a neighbor’s property, unless the tree has caused damage to an abutting property or is physically impeding access to the neighbour’s land. In this case, there was no evidence the tree had caused any damage to the owner’s house or to any other structure on the property. The court also noted that the tree had not been a nuisance for the first 18 years the owners had lived on the

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that is both substantial and unreasonable.”

Substantial interference is, according to the Supreme Court, something that materially interferes with “ordinary comfort as defined according to the standards held by those of plain and sober tastes.” In this case, the Ontario Court relied upon the unrefuted expert report of the neighbour’s arborist, which had determined that the maple tree provided significant environmental, economic and social benefits to both parties. On this basis the Court found the destruction of the maple tree was not trivial and therefore did not meet the “substantial” portion of the test.

As regards the second part of the test, the court must consider reasonableness from a competing property rights point of view and ask whether the conduct of the person claiming nuisance is reasonable given the fact that they have a neighbour. In making its determination the court must examine the nature and character of the property.

In this instance the court again relied upon the neighbour’s expert report, which found much of the north side of the backyard, where the owners had planned to build the addition, was within a tree protection zone while the south side of the backyard was not.

The court stated the owners did not consider the reasonable alternative of changing their design to avoid the destruction of the maple tree. The court held that the onus was on the owners to demonstrate the maple tree must be destroyed and as a result required the owners to demonstrate that there were no reasonable alternatives available.

This case gives us some insight into how a court will deal with disputes over boundary trees and into the law of nuisance, which can raise its head in a number of construction LT law contexts.

Robert Kennaley practices construction law in Toronto and Simcoe, Ont. He speaks and writes on construction law issues and can be reached for comment at 416-700-4142 or at rjk@kennaley.ca. This material is for information purposes and is not intended to provide legal advice. Readers who have concerns about any particular circumstance are encouraged to seek independent legal advice in that regard.

20 | AUGUST 2019 | LANDSCAPE TRADES

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managementsolutions

Reduce snow and ice liability this season

BY MARK BRADLEY

Success in snow and ice is typically survival of the fittest.

In an industry where one slip and fall claim can bankrupt a business, and insurance coverage is often unavailable or unaffordable, today’s operators have to use every tool at their disposal in order to stay in business. Snow and ice can be lucrative if you take the right steps to reduce your liability. To succeed in snow, smart owners need to adhere to industry standards, understand contract law and document just about everything.

Justice is coming Kevin Gilbride is a familiar name in the snow and ice industry.

He has been a vocal advocate on behalf of snow and ice business owners in the U.S. for changes to laws that make it nearly impossible to run profitable businesses. As the Executive Director of the Accredited

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Snow Contractors Association (ASCA), he actively lobbies each state to pass the Snow Removal Liability Limitations Act. This legislation makes it illegal for property owners to pass all liability for accidents resulting from snow and ice onto contractors — a huge step forward for the industry. Connecticut, Illinois and Colorado have already passed the legislation and more states are expected to follow. The impact of the ASCA’s work is being felt in Canada and the lessons learned can be applied across borders to dramatically reduce liability.

You have standards “The ASCA established the first ever industry standard for the snow and ice industry, and it’s the foundation for effective risk management in both the U.S. and Canada,” said Gilbride. “In fact, the Canadian court system has recognized ASCA standards in litigation cases.”

ASCA standards outline all the policies and procedures snow and ice contractors must meet in order to run risk-averse businesses.

Holding an ASCA certification significantly increases a company’s chance of successfully defending itself in a case. According to the ASCA’s data, 70 per cent of claims against ASCA-certified companies are dismissed.

While adhering to these standards can keep you out of the courtroom, they are designed to improve the industry as a whole.Ensuring your business implements and abides by the ASCA standards reduces the potential for accidents and promotes workplace safety. As a result, you will also attract better clients who are looking — and paying premium fees — for certified service providers.

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In a highly competitive and risky industry, some contractors take work when they can get it, even if it means putting their business at risk. They quote too low and sign bad contracts from property owners just to land commercial jobs.

Even in states that have already passed the Act, it is important for all business owners to read contracts over carefully to understand both their liability and the scope of work. Avoid contracts that pass on 100 per cent liability (through a hold harmless and/or an indemnity clause) to the contractor in the event of an accident. They are the reason most snow and ice businesses shut their doors, and the reason many landscape businesses refuse to take on this work in winter months.

“Top contractors won’t sign these contracts and will simply walk away from the work,” said Gilbride. “Even these smart contractors 22 | AUGUST 2019 | LANDSCAPE TRADES

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managementsolutions Taking the right steps to reduce liability is key to your company’s survival.

It pays to know the laws specific to your province. Call your local association or reference their website for updates on legislation. When in doubt, run the contract past a lawyer before potentially signing your business away.

Leave a paper trail

can get into trouble when they don’t pay attention to the scope of work section of the contract.”

In cases where the scope of work states, for example, ‘You will commence plowing only when there are three inches of snow on the ground and only salt when directed to do so,’ a contractor can still be liable if someone slips and falls at 1.5 inches with no salt, depending on how the contract is worded.

Or better yet, leave a digital trail.

Unless an owner can prove his plow operator salted at 2 a.m., it didn’t happen. Unfortunately, too many business owners don’t keep accurate records of everything happening in their business, and this lack of documentation results in lost liability cases.

From the time Steve clockes in for his shift, to the amount of salt he put down at each job site, to his precise location at 2 a.m. on Dec. 15, every activity should be accounted for. Paper logs and timesheets are certainly better than nothing, but they can easily be

lost, inaccurate, incomplete or altered.

“Using business management software will centralize all the information you need to protect yourself, your company, your clients and your insurance carrier from costly litigation,” said Gilbride. “The best defense is evidence and that’s the reason disputes don’t make it to court, are dismissed altogether, or are judged in favour of the contractor.”

Investment in software that has features like time tracking, GPS verification and photo collection capabilities will pay for itself in the event you are faced with a lawsuit.

The ability to provide accurate records and service updates also improves the customer experience and increases your chances for repeat business next season.

Change is happening “We all have a shared responsibility to educate our local government, the insurance industry, clients and the general public on the snow and ice business,” said Gilbride.

“Changes in legislation are already having a positive impact on everyone, from lower insurance premiums to a safer society.”

According to the ASCA, insurance rates in Illinois are down 25 per cent after two seasons of the Snow Removal Liability Limitations Act. In states with shared liability legislation in effect, property owners are now beginning to insist on ASCA certification which is resulting in more quality contractors and safer conditions for everyone.

Case in point: an ASCA member reported that slip and falls for one of its customer’s store locations were down from 21 in the 2017/2018 season to zero this past season.

“It won’t be long before our Canadian members see similar laws enacted to better protect their businesses and revitalize the industry,” said Gilbride. “In the meantime, it’s important for snow and ice businesses to understand the full scope of steps they need LT to take daily to reduce liability.”

Mark Bradley is the CEO of LMN Software, and former CEO of TBG Environmental, both based in Ontario.

24 | AUGUST 2019 | LANDSCAPE TRADES

24 | AUGUST 2019 | LANDSCAPE TRADES

roadtosuccess

Stories from the front lines

BY ROD McDONALD

Another spring rush has come and gone and there are the success stories, the not-so-happy stories, and then there are just the stories.

One observation leapt out with this spring rush; that operations continue to do well where quality, service and selection were emphasized. I have always maintained that well run, well displayed, well stocked garden centres and greenhouses always do much better than those places that are sloppy.

The same observation held true for the box stores. Our local Costco, Canadian Tire, Walmart and Rona all had so many of their plants on shelf carts. I don’t have to tell you that shelf carts are not very convenient for customers trying to find what they want.

At two of the box stores, Home Depot and Lowes, plants were displayed on benches for the most part. Obviously, easier to maintain and easier for customers to shop. I do not have access to any accounting books but I did notice that Home Depot, at least the one closest to me, was busier than most of the other box stores. My suspicion is that it was busier because they had made their place a bit more customer-friendly.

At our local independents, the displays looked excellent for the most part; the plants were well maintained and there were staff available to assist. As a result of those three basic things, I saw a lot of happy customers and that is our goal — happy customers.

The small, family-run greenhouse where I work part-time, did very well this spring.

Sales were up considerably, and there were many first-time shoppers — always a positive sign.

Over the years, I have never been able to figure out why absolutely gorgeous plants were left sitting on the bench, while their lesser cousins waltzed out to new homes.

German ivy left me a little confused this year. It has been a staple in our area for 26 | AUGUST 2019 | LANDSCAPE TRADES

many years, but this spring it sold out very early in May. Who could have predicted that German ivy could have sold double what was grown? If only I had that crystal ball to predict such things… but to be honest, if I could predict the future with great accuracy, I think I might be found at the horse races and not the greenhouse.

The stress of long hours, wind storms, and other duties of greenhouse management got to more than one operator this year. I am very adept at reading the signs of burnout, seeing as I have been in more than one fiery crash in my career. We take such good care of our plants, our physical facility, our customers and our staff, but we do not do a very good job of taking care of ourselves. It is not just the long hours but the intense number of decisions required from us each and every day. The sheer volume of decision-making leads to burnout, as we overload our brains with too much information at one time.

This spring, one friend asked me for advice regarding burnout. I had one word for him and that word was delegate. The reason I chose that word was because he is not very good at it. He is trying to be all things to all situations. While he is the best salesperson in his company, he is also out there at five in the morning trying to get the watering done. One well-trained employee could and should be handling that chore. My suspicion is that next year he will be ready for that ‘someone else’ to take charge of the watering. When we learn to share the burden of responsibility, we lighten our own load.

Learning to delegate and share responsibility is difficult. One of the most difficult tasks I had to master was to ask someone to do something, and then walk away and not look back. I think most of us tend to micro-manage, and if we do that too often, we are not managing the larger picture.

While I preach away about learning to delegate and lighten the load, I managed to lighten the mood one afternoon when I was working. It was not yet time for the customer rush, but we had trucks dropping boxes off all day long. We couldn’t keep up with

Where quality, service and selection are emphasized, retail garden centres continue to do well.

checking them in and finding a place to put everything. It was a logistical nightmare, not due to poor planning but the perfect storm of an insane delivery day.

I saw the glazed look in everyone’s eyes as we stacked yet another box upon another box, not certain how long before we would move those boxes. I commented, “Hey everyone! Let’s start a greenhouse. Easy work and we can make lots of money. Yeah, a greenhouse would be nothing but fun.” Not the funniest quip I have ever delivered, but that particular day it got a really good laugh.

This is not an easy business, and if it were, everyone would be doing it.

Another independent was thrilled to

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receive a very large plant order from a bigname customer. He told me another greenhouse had that business for a number of years, but lost it. The customer did not feel he was being taken care of properly and was now switching growers. These things happen. All of us win some and all of us lose some. We need to strive to win more than we lose.

As I was fairly close with the greenhouse operator who received this new and large order, I pointed something out. “So now you have to realize that to maintain this man’s business, you have to be there for him. Find him those special plants he wants and provide an excellent level of service. If you don’t do that, then he will move along to yet another greenhouse.

None of us can afford to be smug about landing a new job. Sometimes we get new orders by default rather than merit.”

It is common for us to worry about what another greenhouse is doing, what’s happening at the box stores and so on. In reality, we

need to concentrate on looking after our own customers so well that they are reluctant to shop elsewhere. Sounds so simple and yet it proves itself time and again.

We need to provide the greenhouse experience people crave. A lovely place, filled with exciting and colourful displays of plants. An experience populated with knowledgeable

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roadtosuccess staff who say, “Are you looking for shade plants or sunny plants or perhaps, a bit of both?” We need to ensure we have fragrant roses on our bench for customers to smell even if they are not interested in purchasing a rose. Fragrance is all a part of the greenhouse experience. We need to have informative signage that explains gardening to our customers. We need to have carry-out service, seminars and so many other things to set us apart from the box stores.

Above all else, we need to be special.

Shopping in a greenhouse is a fun experience. I chat to customers leaving different greenhouses and invariably they laugh as they announce, “Well, I spent way more than I was planning to, but I always seem

to do that!” I cannot stress too intensely, the importance of creating the greenhouse experience. If we create and encapsulate that very special experience, then all of us will stay on LT the road to success.

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Rod McDonald owned and operated Lakeview Gardens, a successful garden centre/ landscape firm in Regina, Sask., for 28 years. He now works full-time in the world of fine arts, writing, acting and producing in film, television and stage.

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snowproducts

Half-ton truck snow plows Buyers Products announces a new generation of SnowDogg snow plows designed for half-ton trucks. The new plows feature full-power hydraulic blade angling and robust Grade 50 steel frames. Features including the Floating A-frame, municipal-style chain lift and standard 304 stainless steel blades have been carried over from SnowDogg’s EXII, HDII and VXFII lines.

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The DXT dual-trip plow from Boss Snowplow is now available with D-Force. D-Force maintains consistent hydraulic down force to enhance back dragging performance.

Steel edge pusher plow New from Western, the Pile Driver steel edge pusher plow features a 10-gauge moldboard and a 63-degree attack angle.

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Automatically adjustable plow Meyer’s new commercial-grade Super Blade expands from eight to 10.5 ft. with the press of a button, and the flared wings extend as a pair or independently. Features include Nite Saber LED lights and Hands-Free Plowing.

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Snowblower attachment Pronovost's new Cyclone 80-in. snowblower model for use with loaders or utility vehicles will be available from stock for next season. With the hydraulic wing option, the 80-in. unit opens up to 102 inches. A stationary wing option will also be available.

V-plow The new Fisher XV2 V-plow features extreme flared wings that soar from a 35-in. centre height up to 45 inches at the outer edge on 10-ft.,6-in. models. The XV2 is available in corrosion-resistant stainless steel in 7-ft.,6-in., 8-ft., 6-in., 9-ft.,6-in. and 10-ft.,6-in. widths, and in powder coated steel in 8-ft.,6-in., 9-ft.,6-in and 10-ft.,6-in. widths.

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31

newsscape Snowpoisum returns to LO home office Landscape Ontario’s Snowposium, an annual event for snow and ice removal contractors and suppliers, will take place Sept. 26 at the association’s newly renovated home office in Milton, Ont. The 2019 event features 19 snow and icerelated exhibitors and a range of educational

Snowposium takes place September 26 in Milton, Ont.

offerings. Planned topics will include a salt shortage panel discussion, Smart About Salt, liquid de-icers, and commercial vehicles.

Conference passes include in-class sessions, lunch and exhibits. Registration is now open, at $85 for provincial trade association members and $115 for non-members. After Sept. 13, prices go up. Details and registration are at Snowposium.ca.

Ontario Landscape Tree Planting Guide released

The newly released Ontario Landscape Tree Planting Guide is the most comprehensive reference document available to the landscape industry. It captures years of research by Vineland Research and Innovation Centre and experts from around the world on tree survival and establishment in challenging environments. The validated recommendations will guide green industry practitioners to sustainably design, build and maintain Canadian landscapes.

“In 1994, Landscape Ontario Horticultural Trades Association published a useful guide for the industry that was revised in 2005,” said Darby 32 | AUGUST 2019 | LANDSCAPE TRADES

McGrath, Vineland researcher. “In 2018, Landscape Ontario partnered with Vineland to develop a 21st-century version based on a comprehensive review of the research contained within the original guide to ensure that the information was relevant.”

McGrath added, “The guide is broken up into step-by-step chapters written to provide readers with a summary of relevant content and upto-date research findings. There is also a series of corresponding field sheets available where pertinent information from the chapters is itemized into actionable items.”

McGrath will present the guide at Congress 2020 with Ian Bruce and Glen Lumis, two of the guide’s steering committee members.

Additionally, it will be included in the Canadian Landscape Standards (CLS). The Ontario Landscape Tree Planting Guide is available at greeningcanadianlandscape.ca.

B.C. division of Valleybrook Gardens sold

Josami Holdings announced the purchase of Abbotsford, B.C.-based grower Valleybrook Gardens, in June 2019. The move follows the 2017 sale of the Ontario division of Valleybrook Gardens to Brookdale Treeland Nurseries.

“When my wife Kelly and I started in the nursery industry 40 years ago as a newly married young couple, we didn’t know what the future held,” John Schroeder, founder and CEO of Valleybrook Gardens, said in a media release.

“What we did know was that we would only be satisfied by producing the highest quality plant material, and that innovative marketing and branding was going to be a key to success. We had always expected that this would create the value which would allow us some day to sell our company, so it could continue on after us.”

Valleybrook Gardens is widely known for its Heritage Perennials, the blue pots, Jeepers Creepers, Backyard Fresh and Rock Stars lines, which will continue to be produced under license from Valleybrook International Ventures. The licensing continues to be held by the Schroeder family.

Josami Holdings was recently incorporated by Joe Abi-Ad, who has experience working as an executive

with Brookdale Treeland Nurseries.

“I look forward to continuing the legacy built by the Schroeder family in this well-managed business,” Abi-Ad said. “The Valleybrook brands have always differentiated themselves from others through their exceptional quality, thus making the company a highly attractive acquisition target. We will continue to provide the highest quality plants and best service to our customers.”

Apply now for EI top-ups Employers can use a Supplemental Unemployment Benefit (SUB) plan to increase their employees’ weekly earnings when they are unemployed due to a temporary work stoppage, training or illness. Payments from SUB plans that are registered with Service Canada are not considered as earnings and are not deducted from employees’ employment insurance (EI) benefits.

An SUB plan may be registered with Service Canada, if it meets the requirements of article 37 of the Employment Insurance Regulations; or with the ministry of national revenue (Canada Revenue Agency), if the plan satisfies the conditions for registration under section 145 of the Income Tax Act. Visit canada.ca for full details.

LMN moves to new headquarters LMN (Landscape Management Network) moved into new corporate headquarters in Markham, Ont. on June 3, 2019.

“These are exciting times for our team as this move signals a major milestone in LMN’s growth,” said Mark Bradley, CEO of LMN. “As the high tech capital of Canada, Markham will give us access to an incredible pool of talent as we continue to grow the business. The new corporate headquarters features dynamic workspaces, a lunchroom and plenty of sunshine and inspiration.” LMN’s 6,500 square foot office was designed by interior design firm Circle Design.

Feds expand loan program The Agriculture and Agri-Food Minister MarieClaude Bibeau announced the federal government has implemented new regulations to strengthen the Advance Payments Program (APP).

The amendments made to the Agricultural Marketing Programs Regulations increase loan limits from $400,000 to $1 million for all producers on a permanent basis, and increase the

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Landscape Mangement Network staff pose outside their new headquarters in Markham, Ont.

Former Unilock executive passes Former Unilock executive Joe Kerr passed away in Toronto on June 14, 2019. Kerr joined Unilock as Sales Manager in 1982, and eventually became a key part of the Ontario-based paver manufacturer’s expansion into the United States. Kerr retired in 2010 after 28 years with Unilock, serving as executive vice president and chief operating officer.

& Van Den Bosch. PanAmerican Seed has collaborated with Celex for more than 25 years on cut-flower celosia series, such as Neo and Sunday, as well as potted and annual celosia series, such as First Flame, Dracula celosia, and most recently the new Concertina series. Celex was responsible for breeding, while PanAmerican Seed handled production, worldwide distribution, and sales and marketing. The acquisition will conclude in October. PanAmerican Seed is a division of Ball Horticulture, based in Chicago, Ill.

Kioti opens distribution centre

Kioti Tractor celebrated its new Canadian Disinterest-free portion of loans on canola advanctribution Centre with a ribbon-cutting ceremony es from $100,000 to $500,000 in the 2019 May 30, 2019. Located in Mississauga, Ont., program year under the APP. Producers of all the 60,000 sq.-ft facility will anchor Kioti’s other commodities can continue to receive up to Canadian distribution. Kioti is a division of the $100,000 interest-free. Producers are encouraged to contact their APP administrator regard- Kreitmaker acquires ing application details and processing timelines. Vintage Brick Kreitmaker announced the Tree Canada names CEO purchase of Toronto-based The Board of Tree Canada announced the ap- brick manufacturer Vintage pointment of Danielle St-Aubin as its Chief Brick. Also based in Toronto, Executive Officer, ef- Ont., Kreitmaker is a supfective July 2, 2019. plier of concrete, masonry and St-Aubin has worked landscape products to profesin the not-for-profit sionals and homeowners. With sector for more than the acquisition, Kreitmaker 15 years and has ac- adds Vintage Brick’s Historic quired a deep know- Ontario Sized Clay Brick and ledge of the devel- Contemporary Signature Seopment and imple- ries to its lineup.

Kioti’s new distribution centre is located in Mississauga, Ont. mentation of a broad range of strategies PanAmerican acquires South Korean manufacturing giant Daedong.

Danielle St-Aubin including communi- celosia line Daedong Industrial Chairman, Jun Sik Kim, cations and marketing, fundraising, sponsorship, PanAmerican Seed has acquired the complete stated, “It is our dealers’ commitment to Kioti and events, the organization said. celosia assortment and breeding research from that has allowed us to come this far, and we Celex, b.v., a breeder/selection subsidiary under know that this expansion will serve our growth the Dutch cut flower company Fa. Van Der Boog in the future.”

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be relevant to the needs of COPF has been an interesting challenge. It has also been a process that has reminded us of the vast changes that have occurred within — and to — the industry over the past 50 years.

COPF was founded in 1964, before Canada had Plant Breeders’ Rights (PBR). Those were the days before container growing, when growers relied on lining out stock and propagative materials from Europe, primarily the Netherlands. Retail garden centres as known today were only starting to become commonplace.

In that environment, some of the sector’s more forward-thinking growers and plant breeders determined the need for an organized system of

Kevin Nauss, president of Price Landscaping in Lutes Mountain, N.B., commented on why he decided to become a Landscape Industry Company accreditation Accredited Company. “Our company was a Getting your company certified is one founding member of Landscape way to stand out from your competiNew Brunswick and we have ape Indu c tion, whether you are a landscape always believed in promots nd company, nursery or garden ing and raising the bar for centre. Being a Landscape our profession, therefore Industry Accredited Company we have greatly supportshows you focus on certificaed Landscape Industry tion as a cornerstone of your Certification. I felt it was business practices, maintain natural and almost a given re d it e d C o m p high standards of workmanship, that we should move forvalue community and customer reward with having our company lations, and value environmental stewaccredited. It was not a big effort ardship in residential and commercial settings. in the application process. I deeply believe

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Winnipeg Parks, released in 1990 by AAFC as part of its Parkland hardy rose series, continues to be a popular landscape rose. Through royalty payments on older releases such as Winnipeg Parks and many other varieties, industry continues to support plant breeding and other research initiatives.

There are five simple steps to company accreditation: 1. Applicants to the program must complete an application which will include the provision of substantiation for many program requirements.

2. Upon receipt of the application, CNLA will provide the applicant with a pledge form (affidavit) stating the applicant has complied with all of the Landscape Industry Accredited Company qualifications.

3. Upon return of the pledge form, and after a review of submitted materials, the program’s governing body, the Company Accreditation Committee, will notify the applicant of the results by mail.

4. If the Landscape Industry Accredited Company qualifications are met, the company will receive a certificate, Seal of Approval usage rights and marketing materials. In the event qualifying standards are not met, the application fee will be refunded minus a processing fee. Resubmission will not be allowed again for 90 days.

5. CNLA reserves the right to withhold and/ or revoke Landscape Industry Accredited Company approval from any company that shows a continuous pattern of violating or showing disregard for provincial and federal laws and regulations, not following the Landscape Industry Accredited Company Pledge, and superior standards as outlined above. CNLA further retains the right to alter, amend, change, and update the program as necessary.

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An organization originally founded to provide secure and ongoing access of new and improved plant varieties, the Canadian Ornamental Plant Foundation (COPF) is now ready to announce its new and improved organizational status. Effective immediately, visitors to the revised COPF website will notice the result of behind-thescenes administrative upgrades accomplished by the COPF Steering Committee and staff since the Foundation was reorganized to fall under CNLA management in early 2018. Reformatting a structure that was designed to accommodate a very intricate royalty administration function to

royalty collection to support new plant development in Canada.

From humble beginnings in a humble sector, to lofty heights collecting and redistributing millions of dollars in royalties on thousands of registered plants, to its current program brought about by significant paradigm shifts within the sector, COPF continues to be significant within the sector. Many growers and propagators will continue to rely on COPF to provide them with access to new and improved varieties, made possible with the assurance of a reputable royalty collection system. Many breeders, and especially institutional organizations, will continue to rely on COPF to collect royalties within Canada’s unique demographic structure. COPF can maintain its relevance to the sector through voluntary payment of royalties, on all registered plants, regardless of their year of introduction.

A number of plants registered with COPF are past the traditional 20-year legal PBR protection. Indeed, some have never been PBR protected and yet throughout, the industry has faithfully supported breeders through the voluntary royalty payment system as envisioned

by COPF’s founders. One hundred per cent of royalties on Agriculture and Agri-Food Canada (AAFC) introductions are returned to industry to support plant breeding and research. COPF’s 20 per cent collection fee on all other registered plants helps to fund industry research.

The COPF model is unique in the world. Our industry created a voluntary service that continues over 50 years later. With continued support from members, COPF can continue to maintain relevance through the support of much-needed plant breeding and industry research programs.

For more information visit www.copf.org.

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COPF: Still relevant after all these years

greenpencil in, and support, what our associations do and show my support by being on the board of directors for Landscape New Brunswick and the CNLA, as well as many committees. Although I did not start this company, I am hoping to guide and continue to build and grow on what we have accomplished in the first 50 years, and to even better things ahead, and I believe that becoming a Landscape Industry Accredited Company is an important first step.”

Hill’N Dale Landscaping of Mulmur, Ont., is the latest company to achieve LIAC. To date, seven other companies have received this respected accreditation: Eagle Lake Nurseries, Alta.; Para Space Landscaping, B.C; Weed Man Winnipeg, Man.; Price Landscaping Services, N. B.; Thornbusch Landscaping, Ont.; Hank Deenen Landscaping, Ont. and Stonepath Greenhouses, Ont. For more information or to apply, contact the Professional Development department at CNLA; email certification@cnla-acpp.ca or phone 1888-446-3499.

LT The Canadian Nursery Landscape Association is the federation of Canada’s provincial horticultural trade associations.

Visit www.cnla-acpp.ca for more information.

continued from page 4

“Tony, how long do you think you can keep this up? Aren’t you getting old for this type of work? Doesn’t your back hurt?”

These comments are real. They came from people who were very close to home. They came from staff. They came from strangers.

They came from people, who I thought respected what I do for a living. Did the comments hurt? Absolutely. Did they create doubt in my mind about what I do for a living? Absolutely. Did they make me upset? Yes, absolutely. Those comments also made me think hard, and they made me reflect. What have I done with my life? What do I do now?

Do I quit?

What would quitting do for me? Well, I would give up on a profession that has made me happy and I have worked hard at for the last 25+ years. What would it teach my kids?

It would teach them that when something is hard, you quit. When people are cruel and doubt you, you quit. It won’t teach my kids how to find solutions, to make something work

when times are hard. However, I can teach my kids the value of hard work and I can share the wonders of the living world with them. I can teach them the value of planting a tree properly. How to care for a garden. I can teach them about business, how to manage work, schedule adaptively, manage finances, how to work with people effectively and with respect.

I can teach them how to promote and care for the living part of our world, which is critically valuable and desperately in need of our help!

I can teach them about the past and how to plan for the future. Would quitting solve any of my problems? Probably not. You cannot run away from your problems, you have to solve them. You solve problems with knowledge, experience, education and perseverance. Would quitting help solve the problems of ignorance and misconceptions towards our line of work?

What would quitting do to the staff that work their tails off for me and put their hearts into my business? What good would quitting do? … Nothing — if I quit.

Problems are everywhere. They don’t go away when you quit. continued on page 36

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greenpencil continued from page 35

So, what did I do? Well, I got motivated!

I focus on bringing the positive things I have done with my business, to light. I can push to be an advocate for the environment, when so many are devaluing it. I can advocate to help educate and inform others about the importance of what we do. I can encourage and help my staff work as a team and get the job done, efficiently and properly. I can keep pushing for better business practices, running a leaner, more efficient business, reducing waste, giving back to my neighbors, community, schools and the less fortunate. My kids, my staff, my family have a future with all that we do. Focus on the good, important things.

I have always enjoyed building things, taking a step back to look at our achievements.

Yes, my back hurts sometimes. Yes, I get tired, and yes, some days are hard — so I bought two skid steers, two excavators and a crane truck – and my back doesn’t hurt as much. I keep pushing to work smarter and better. Yes, I get some customers who express discontent with a problem, but there is a great deal of satisfaction when a customer is happy after I solve those issues. Yes, there are some days when I lose money because of a mistake, but the sun will rise tomorrow and we have the chance to start again and learn and do things differently, to make up for those losses. Yes, there are people that will make irreparable and damaging comments. I turn those negatives into the fuel that pushes me to keep working hard and stay focused on what really matters.

There is nothing better than driving down the street where my business started, past the thriving 50-ft. beech tree I planted. There is nothing better than to see a fence I built in 1996, still standing. There is nothing better than when a return client asks me to design and build another new garden — for their third house. There is nothing better than when a client says, “I trust you to do the right thing to make our garden beautiful for our daughter’s wedding.”

There is nothing better than when your friends call you for help, and you can help them get back on their feet. There is nothing better than to be asked by your nursery stock supplier to design and build the gardens around their offices. There is nothing better than seeing my staff standing in front of a beautiful garden they just completed, with a glow of pride on their faces. There is nothing better than to know with confidence that thousands of us, are all in the same muddy puddle, working hard, day in and day out.

There is nothing better than waking up and my seven-old son is outside at 5 a.m., watering my nursery stock, so I can get an extra ten minutes of sleep. There is nothing better than when a client says, “I trust you.” There is nothing better than when my nine-year-old son and I were building a shed in our backyard, and he asked if he could work with me “when he gets bigger”. When I asked why he would want to work with me, he replied, “Because you work so hard, you do good things and I like that. I want to help you.” Right there and then, I smiled and I came alive again. All the doubt and negative things that were weighing

on me, went away. There is nothing better than to know — I am not alone.

Why do people make comments that are hurtful and damaging? I don’t know. Why should I care what they say? It bothers me, because I care about and I really believe in what I do. It really bothers me because their ignorant comments attack me and damage the little bit of grass I am trying to grow and make green.

It bothers me because they don’t understand why I love what I do. Well, their ignorance is their problem.

What is important is that I stay focused. I need to focus on making my lawn greener, for my clients, for my staff and for my family. All those people who make comments are probably jealous, when all they need to do is focus on their own lawn and they might be happier.

When people are jealous, they tend to attack others. It is their misunderstanding of the true value of what I do and why I love doing it. There is an expression: Jealousy abounds on the lips of fools. I will let them be the way they are. I will keep my focus.

Again, if running a business were easy, everyone would do it. It is very important that everyone in our industry knows that you have good company in all the challenges of your every day. We are all in the same boat and have the same issues and challenges, and it is up to us to find solutions to make our lawns greener, for us. No, it is not easy and there is no magic potion to get past the hurdles of your every day. It’s okay to have bad days — those bad days help you look towards good days. There will always be people who will doubt you and be critical of what you do. Focus on the good

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ncil things. Focus on what your passion is and focus on the things that truly make you happy, even if it is something simple as digging holes and putting good stuff in it. This applies to all the great staff out there — you are the backbone and strength behind all the companies in our industry. You don’t need to run your own business to believe in what you do.

Remember: If you don’t believe in yourself, how do you expect other people to believe in you?

As for those people that have nothing good to say? I don’t let them change me. I can’t let them get to me. I focus on the things that are positive for my business, for my staff, for my family, my health and my life. I focus on the clients that keep calling me back, to build them beautiful gardens, big or small. I focus on the things that I know will benefit the important things in my life and make my lawn greener. I won’t let them change me.

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Tony Lombardi BA, CLD, CLP, DM operates Scarborough, Ont.-based Dr. Landscape.

PAGE WEBSITE

Arctic Equipment Manufacturing Corp 25

www.arcticsnowplows.com

Avant Tecno USA Inc 15

www.avanttecnousa.com

Beaver Valley Stone Limited 18

www.beavervalleystone.com

Bobcat 21

www.bobcat.com

Brian’s Automotive 23

www.danielsplows.com

Canadian Greenhouse Conference 14

www.canadiangreenhouseconference.com

CanWest Horticulture Expo 20

www.canwesthortshow.com

Coivic Specimen Trees 22

www.coivic.com

Draglam Salt 24

www.draglamsalt.com

Eastern Farm Machinery Ltd 33

www.easternfarmmachinery.com

Ford Motor Company of Canada Ltd 17

www.ford.ca

Horst Welding 36

www.horstwelding.com

John Deere Limited

www.deere.ca

9, 39

Kubota Canada Ltd 19

www.kubota.ca

L&R Shelters Inc 29

www.lrshelters.ca

LMN 2

www.golmn.com

Miska Trailers 40

www.miskatrailers.com

PRO Landscape by Drafix Software 29

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Stihl Limited 5

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The Salt Depot 14

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Unilock Limited 10, 11

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30, 31

WPE Equipment (Windmill)

events

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classifieds

Aug. 11 - 14 ISA International Trade Show and Conference, Knoxville, Tenn. www.isa-arbor.com Aug. 13 - 15 Independent Garden Center Show, Chicago, Ill. www.igcshow.com Aug. 21 - 23 The Far West Show, Portland, Ore. www.farwestshow.com Aug. 21 - 23 Plantarium, Boskoop, Holland www.plantarium.nl Sept. 10 - 12 GLEE, Birmingham, U.K. www.gleebirmingham.com Sept. 25 - 26 CanWest Hort Expo, Abbotsford, B.C. www.canwesthortshow.com Sept. 26 Landscape Ontario Snowposium, Milton, Ont. www.snowposium.ca

COMPANY

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LOST HORIZONS PERENNIALS NURSERY: Renowned throughout Southern Ontario and beyond as THE go-to source for rare perennials - over 3,000 varieties in-stock.

5.5 acres including 2.5 acre public display gardens and upgraded heritage residence.

Original owner will assist in the transition.

For detail, visit prosper.ca or call Steve Dawkins, Sales Representative, RE/MAX Real Estate Centre Inc, 1.855.95.REMAX MAINTENANCE COMPANY FOR SALE Well established outdoor maintenance company located on 45 plus acre farm, paved roads on 2 fronts, all existing clients, buildings, and equipment needed to operate including skidsteers and tree harvesting equipment required to dig existing tree inventory. Balance of acreage is currently rented, plus solar panel revenue.

Includes recently renovated, well-landscaped 3-bedroom heritage home, goldfish and koi pond. Easy access to 400 series highway, lovely beaches, and great community. Asking $1.7 million. Vendor willing to assist during transition process. Viewing by appointment only – no agents.

Serious inquiries only please. turf.professionals055@gmail.com

BUSINESS FOR SALE One of Canada’s finest manufacturers and designers of Ornamental Concrete Garden products is for sale. This privately-owned company has been in business since 1965 with the current owners having owned it for 33 years. Steadily increasing the selection while keeping the attention to details as a cornerstone of the business producing high-quality, resilient products for the residential, commercial, landscape trades and Landscape Architects nation-wide is the goal that has been achieved. With 100’s of moulds in the inventory, the business is a perfect turnkey operation that can be easily relocated anywhere necessary. Visit www.gardengateltd.com to get a sampling of what is available.

Serious inquiries only please.

519-624-0688 gardengate@bellnet.ca CLASSIFIED ADVERTISING: All ads must be pre-paid by credit card. Rates: $62.15 (HST included) per column inch (approx. 25 words). Min. charge $62.15. Deadline: 10th day of the month prior to issue date. Space is limited to a first-come, first-served basis. To advertise: E-mail your ad to Robert at classifieds@landscapeontario.com.

Website ads: $67.80 for association members and $90.40 HST for non-members.

AUGUST 2019 | LANDSCAPE TRADES |

37

mentormoment

Learning is a career Rob Welsh of Kwantlen Polytechnic University in Surrey, B.C., is a leading horticultural educator, chair of the B.C. Certification Committee and a strong Skills Canada supporter.

How did you get the horticulture bug?

I was actually recruited into horticulture by Susan Murray of BCIT. She phoned to say Capilano was looking for a teacher, which was the start of a career that built over the years. I love horticulture because my job changes every day — even every moment. You can’t plan for the next challenge when you are working with living, growing things, and I love the excitement of change.

Do you recruit new students into the horticulture program?

Not directly, although a recent program we staged to introduce students into the turf sector was Rob Welsh a success. A vendor once told me he could never know if his efforts at a trade show worked until five years later. Attracting students is like that — it’s like planting seeds.

What can business owners do to attract new talent?

That is a tough one, because I have to say I believe in my heart this generation does not understand plants. Is it because of parents? School? Life? It is difficult to see the young generation step in. I think the answer is that society has to recognize the good value in working in the outdoor trades. I think contractors can also give young prospects a trial. “Work for me for a day, see what my business has to offer.” I see many industry people putting in lots of energy, including Paul Buikema, Cable Baker, Joe Bidermann and Mike Vandergugten.

Is digital distraction a factor in our labour shortage?

I hate electronics. They take so much of my day away. I see contractors all struggle with this, and I don’t know the answer.

What is horticulture’s profile within your academic community?

We have a high profile at Kwantlen. The university asks us for many things, and we always provide. I have three requests on

38 | AUGUST 2019 | LANDSCAPE TRADES

my desk right now, things like fresh greens or flowers for events.

Our engagement gives us visible presence, and the Kwantlen community appreciates our service and beautification roles. We also get asked questions that could be seen as political, especially about control products. We explain the difference between ‘Use me or abuse me.’ When there is a controversy, we will stand up and explain the proper use of products.

How has the green profession evolved over your career?

In some regards, I have to say it has devolved. When I started out as a small contractor, there was a tangible pride. We were always competing to be best. We had customers then who wanted the best of everything, from soils to plant material, and did not question the cost. Today perhaps budgets are leaner, and I see more short-changing, more cut-and-run. Of course, technology is more advanced today, and I have certainly seen some fantastic work.

Who mentored you?

Besides Susan Murray, Brad Clarke of Rainbird Irrigation was great. Whenever I talked with him about a problem, he helped me all the way through — a great fellow.

Can you tell which students will succeed?

After I have had them in the lab for two or three weeks, I watch how they listen. I look for engagement, and I can generally pick out the “long-termers.” I use a lot of strategies to engage them; leading, coaxing, sarcasm … former students like to quote my “Robisms.” I use storytelling, and suggest playing out case studies to help students think outside of the topic. I take advantage of mistakes, and turn them into a positive experience — always making sure the student knows, ‘I am using your experience, not picking on you!’

What advice would you give new green professionals?

To learn from your employer. He hired you to do a specific job, and you have to be willing to listen and learn how he wants the job done. If you are not willing to learn, you will not be LT successful.

If you have a mentor to recommend, or a question to suggest, please write to editor@landscapetrades.com.

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