Landscape Trades - October 2020

October 2020 VOL. 42, NO. 8

landscapetrades.com

Develop clients before, during and after snow events Damages and deposits defined

Blooming NEW in ’21 Annuals, perennials, edibles, roses and woody plants

Walsh Craig builds a career of loving plants

Malus x adstringens Midnite Spire PM40013519

Introducing CONGRESS CONNECT Page 6

2021

CONGRESS V I R T U A L

E X P E R I E N C E

S AV E T H E D AT E JANUARY 12-14, 2021

PRODUCTS CONFERENCES NETWORKING

GET ON BOARD!

LOCONGRESS.COM

CONTENTS OCTOBER 2020 VOL. 42, NO. 8

EDITOR AND PUBLISHER Lee Ann Knudsen CLM | lak@landscapeontario.com ASSISTANT EDITOR Scott Barber | sbarber@landscapeontario.com LANDSCAPE ONTARIO MAGAZINE EDITOR Robert Ellidge | rob@landscapeontario.com CREATIVE DIRECTOR Mike Wasilewski | mikew@landscapeontario.com ACCOUNTANT Joe Sabatino | joesabatino@landscapeontario.com ACCOUNT MANAGER Greg Sumsion | gsumsion@landscapeontario.com COMMUNICATIONS COORDINATOR Angela Lindsay | alindsay@landscapeontario.com

Rosa Sunset Horizon

NEW PLANTS: DIFFERENTIATE WITH STYLE Clients love new-and-improved.

Plan to wow them with 2021’s new plant introductions.

8 Annuals 12 Perennials 16 Woody plants 22 Edibles 24 Roses

COLUMNS

26 Management solutions

Steps to nurture snow customers for life are built around communication.

BY MARK BRADLEY

28 Road to success

Basic truth: We can’t complete on price, but we can slay the dragon with quality.

BY ROD McDONALD

30 Legal matters

Helping construction pros avoid problems with damages and deposits.

BY ROBERT KENNALEY

ADVISORY COMMITTEE Gerald Boot CLM, Laura Catalano, Lindsay Drake Nightingale, Jeremy Feenstra, Mark Fisher, Hank Gelderman CHT, Marty Lamers, Bob Tubby CLM, Nick Winkelmolen 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 Andrea Annis, Darryl Bond, Grace Bruch, Amy Buchanan, Tony DiGiovanni CHT, Cassandra Garrard, Meghan Greaves, Sally Harvey CLT CLM, Chantal Jorgensen, Keri MacIvor, Heather MacRae, Katarina Markovic, Kathy McLean, Shalini Mehta, Patrick Roche, Joe Salemi, Ian Service, David Turnbull, Lissa Schoot Uiterkamp, Tom Somerville, Martha Walsh

Landscape Trades is published six times a year: February, March, May, August, October and December.

Subscription rates: One year – $46.90, two years – $84.74; three years – $118.64, HST included. U.S. and international please add $20.00 per year for postage and handling. Subscribe at www.landscapetrades.com Copyright 2020. 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.

38 Mentor moment

Promoting breeders’ rights and propagation helped Peggy Walsh Craig find her tribe.

INTERVIEW BY RITA WEERDENBURG

DEPARTMENTS

GREEN PENCIL 6 NEWSSCAPE 32 NEW PRODUCTS 34 ADVERTISERS 37 EVENTS 37 4 | OCTOBER 2020 | LANDSCAPE TRADES

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

PRICING SYSTEMIZE YOUR

Measure a property using our measure site tool so that you can estimate without having to leave the office.

CRM | ESTIMATE TEMPLATES | PRODUCTION RATES | CUSTOMER BILLING

Get LMN FOR

With 1-On-1 support and a thriving community behind you, you don’t have to go it alone. Master landscape business management and get the most out of your tools with LMN’s legendary customer support team and a community of thousands of software and sales pros just like you

golmn.com/LT-FREE/

GREENPENCIL While Congress Connect is not live, but virtual…

Congress lives

BY TERRY CHILDS VOLUNTEERING FOR CONGRESS is a part of my resume I value a lot. I am chair of its Show Committee this year — isn’t it just like me to get the most unique year ever!

To me, the show has always been about connecting.

Congress has always been a “relationship show.” So, when it became clear the government would not allow a live event, our committee and the show management team jumped in to create a virtual event with the same mission: to bring Canada’s green industry together, coast to coast. In that spirit, we called it Congress Connect, and I am proud to be a part of the behind-the-scenes planning and execution.

As a landscape contractor, I understand everybody is having a hard time dealing with the pandemic. Things will change when they change, and in the meanwhile, we can work together on the certain things we can do to make a difference. We have to “bear and grin it,” as I say. For example, I asked for larger-than-normal deposits on two jobs I have scheduled for next year. I was able to order the materials for delivery in November, and helped my supplier make two sales for this year instead of in 2021. And I see suppliers work with us by keeping us informed on potential shortages or price increases. It helps everybody to be open with each other.

Back to Congress, I see the spirit of cooperation and positive thinking is just as strong, and I really enjoy the sense of excitement building for Congress Connect.

6 | OCTOBER 2020 | LANDSCAPE TRADES

The Conference education opportunities will be great, and even better, they will be available on demand after the event. This is a huge advantage. The virtual format can get everybody engaged, from every province, even people who are not in our trade. Our suppliers will be providing yet more education, such as how to properly build a wall or set end block, and that great information could even be sponsored for the general public! It really opens up the profession and shows what we do.

Networking is essential, and Congress Connect will provide new opportunities — you just have to be open-minded enough to take advantage. I think it’s really important for the industry across Canada to sign up now and show our confidence and pride.

Our committee and show staff are setting everything up to be ready in January. We already see one more big advantage: nobody has to worry about snow. Since there is no time limit, you can plow now, and learn later.

I have always been an optimist, and I love the idea of Congress Connect because it’s all about opportunity and partnership. See you at the show! LT

Terry Childs operates Nature’s Way Landscaping in Gananoque, Ont., and serves on Landscape Ontario’s Congress Committee and Covid-19 Task Force.

Reliability that counts ƒ bR 800 c-e BACKPACK BLOWER OUR BIGGEST MOST POWERFUL BACKPACK BLOWER. Landscapers, parks and recreation crews and golf courses…be prepared to be blown away. To tackle large properties and heavy debris, there is nothing like the clean-up power of the BR 800 C-E. The most powerful backpack blower in the STIHL line. The BR 800 C-E offers maximum blowing force as well as optimal comfort. The BR 800 C-E will make a great addition to your fleet. ⬤ Robust Blowing Force – 3.2 kW engine power; offers 20% more power than the BR 700 ⬤ Sturdy Performance – Best power-to-weight ratio in STIHL gasoline blower line; machine is more compact and easy to carry ⬤ Ergonomic Carrying System – S-shaped shoulder straps, chest strap and hip belt; provides operator comfort ⬤ Telescopic Tube – Quick adjustment of the length for various conditions; no tools required ⬤ Pull Cord – Handy access to the side starter cord; machine can be restarted from your back after taking a short break SPECIFICATIONS DISPLACEMENT

79.9 CC

POWER OUTPUT

3.2 KW

WEIGHT ①

11.7 KG/25.8 LB

BLOWING FORCE

41 NEWTONS

SOUND LEVEL

78 DB(A)

AIR VOLUME ②

912 CFM/1,549 M3/H

AIR VELOCITY ②

239 MPH/385 KM/H

① Excluding fuel. ② With tube at nozzle end.

PRO-FLEET COMMERCIAL LANDSCAPE PROGRAM STIHL’s Pro-Fleet Commercial Landscape Program is designed to provide commercial landscapers a volume discount on major purchases of 5 or more landscaping power tools. Visit your STIHL Dealer today to find out more and take advantage of the savings!

J

N THE CLUB OI FOR A

WIN

*

ST

w w.Stih

.ca

GI

AT w

lu b

* RE

ER

STIHLCANADA

CHANCE TO

a LARGE

BIG GREEN EGG® KIT

lc

www.stihl.ca

hat’s new?

W

INTRODUCING NEXT SEASON’S NEW PLANTS: The perfect hook for retailers and contractors looking to keep 2020’s momentum going. All selections — annuals, perennials, roses, edibles and woody plants — are vetted with breeders for distribution in Canada.

Annuals

Celosia Sol Collection Celosia

The Sol Collection of foliage celosias offers both colour and texture. The two new cultivars grow relatively fast with no downy mildew issues. Lizzard Leaf (shown) has burgundybronze colouring and Gekko Green has green-burgundy hues. Best in full sun.

PanAmerican Seed

8 | OCTOBER 2020 | LANDSCAPE TRADES

Impatiens walleriana Imara Impatiens

Imara is the first series of Impatiens walleriana with a high degree of resistance to downy mildew. Proven landscape performance with reliable flowering and a compact branching habit. A complete range of core and novelty colours.

Syngenta

Petunia Bee’s Knees Petunia

Bee’s Knees is an intense yellow petunia. It blooms into a lush, flower-filled plant and puts on a high-impact show all season long with very little maintenance. Great performance in baskets or landscapes.

Ball FloraPlant

Solenostemon scutellarioides Colorblaze Royale Pineapple Brandy Coleus

This tightly-branched, compact selection has radiant golden yellow leaves and a razor thin, red edge. Good resistance to downy mildew. Grows up to 60 cm tall and spreads 40 cm in sun or shade.

Proven Winners

Philodendron Shangri-La Philodendron

An exclusive new foliage form for Ipomoea. Distinctive palm-shaped, thick, chartreuse leaves on tight internodes form a compact, mounded to slightly trailing plant. Won’t flag or fade in the heat. Grows up to 20 cm tall and spreads 40 cm Part sun to sun.

Proven Winners

A super-compact version of the everpopular philodendron, this freely-branching plant features deeply divided, fresh green leaves on many stems. Ideal for indoor garden space, office complexes, protected outdoor landscape use, and other shade spaces.

Ball Ingenuity

Begonia boliviensis Groovy Series

Petunia Shock Wave Purple Tie Dye

Mangave Night Owl

The Groovy series is perfect for premium baskets and is available in Orange, Red, Rose, White, and Mellow Yellow. Thrives in full sun to partial shade.

Benary

Shock Wave hanging baskets are blanketed with masses of colour with petite, highimpact flowers, like new Purple Tie Dye. This variable purple-blue and white bi-colour flower pattern will add playful colour in floral designs.

Wave

This beautifully dark succulent has a similar habit as Silver Fox but with near black leaves. The wide leaves gently undulate to show off its marginal spines. Plant in full sun for best colour.

Walters Gardens

Ipomoea batatas Proven Accents Sweet Caroline Medusa Green Sweet potato vine

Begonia

Petunia

Mangave

OCTOBER 2020 | LANDSCAPE TRADES |

9

Annuals

Colocasia esculenta Coffee Cups and Heart of the Jungle Elephant ears

Coffee Cups has dramatically cupped, deep olive-green leaves. Heart of the Jungle bears huge heart-shaped, dark green leaves held high on black stems. Both grow up to 1.2 m in height and spread in part sun to sun.

Proven Winners

Begonia benariensis BIG White Green Leaf

Petunia Headliner Crystal Sky and Electric Purple Sky

Dahila hybrida Dahlegria series

Mounded petunia

The Headliner mounded petunia series boasts a dramatic colour range, and is ideal for petunia baskets. Crystal Sky (shown) has a light lavender hue; Electric Purple Sky offers vibrant colour and trendy sky pattern.

Selecta One 10 | OCTOBER 2020 | LANDSCAPE TRADES

Begonia

BIG White Green Leaf is a well-branched begonia with short internodes, so it’s covered with blooms. Performs in full sun to full shade and extremely heat tolerant. Also new is BIG Deep Rose Bronze Leaf — the darkest rose in the series, Benary says.

Benary

Dahlia

With an upright habit, Dahlegria dahlias are suited for both landscape and container applications. Large, colourful, single flowers stand out on the almost-black foliage. Great mildew tolerance.

Syngenta

Calibrachoa Cha-Cha Diva Hot Pink Million bells

Ball FloraPlant claims Cha-Cha is 25 per cent more vigorous than other Calibrachoa with large, cascading blooms. The colour-shifting Diva Hot Pink variety is a vibrant addition to the series.

Ball FloraPlant

Scaevola aemula Bombay Yellow

Euryops pectinatus High Noon

Bidens Taka Tuka

A down under wonder that thrives through extreme heat. Strong trailing habit works well in summer baskets and combos. Yellow flowers thrive even when temperatures are at their hottest. The ultimate summer mixer in combination baskets and planters.

This colourful, compact cultivar is a new genus for Proven Winners. Native to South Africa, it has large, prolific, sunny-yellow blossoms and semi-succulent thick leaves.

Grows 35 cm tall and spreads 45 cm in part sun.

This new series offers four distinct bicolours that are ideal for premium pots, hanging baskets or mixed containers.

Syngenta

Proven Winners

Fan flower

Euryops

Beggarticks

Benary

Petunia pendula Milliflora FlashForward series Spreading petunia

A new miniature flowering, spreading petunia series. Tidy plants hold longer at retail than traditional trailing petunias and don’t overgrow companions in mixed containers.

Flowers freely all summer long, even under difficult garden and weather conditions.

Syngenta

Impatiens walleriana Beacon Rose Impatiens

The Beacon impatiens series has high resistance to impatiens downy mildew with the same habit and plant structure of traditional garden impatiens. Perfect for window boxes, baskets or landscapes. Rose colour joins the rest of the series for spring 2021.

PanAmerican Seed OCTOBER 2020 | LANDSCAPE TRADES |

11

Perennials

Dianthus Paint the Town Fancy

Geum Tempo Rose

Paeonia Symphonie Pourpre

Paint the Town Fancy has single, rosyfuchsia flowers with a red eye and serrated petals atop a low mound of glaucous blue foliage. Excellent heat tolerance. A perfect edge for sunny borders and combination containers.

Grows 20 cm tall and 50 cm wide.

This easy-to-grow plant blooms from April to June with a plethora of dark, rose-pink flowers on short, dark stems. Tempo Rose is a mounding perennial that grows best in full sun and is deer resistant.

This selection from a breeder in France forms a tall, upright bush of lush green leaves. Large, semi-double flowers are fuchsia-purple and lightly edged with a creamy pink picotee. Grows 70-90 cm tall.

Terra Nova Nurseries

Brookdale Treeland Nurseries – Valleybrook Nursery

Dianthus Mountain Frost Ruby Glitter

Phlox paniculata Luminary Opalescence

A landscape border variety that provides a burst of red blooms with cream-white blotches in spring, and continual blooming in summer and autumn. Displays tidy mounds of strong, silvery foliage. Plant in a sunny border or rock-garden location.

In an extensive powdery mildew trial, this was the very best variety to display resistance. Light pink flowers have dark pink eyes and are produced over the dark green leaves.

Pinks

Geum

Itoh hybrid peony

Hillen Nursery

Origanum Drops of Jupiter Ornamental oregano

Although related to the oregano commonly used in cooking, this herb is meant to show off in the garden. In full sun, the leaves are chartreuse yellow crowned by mauve-pink flowers held on purple calyxes.

Walters Gardens

Pinks

Darwin Perennials 12 | OCTOBER 2020 | LANDSCAPE TRADES

Garden phlox

Walters Gardens

B O B C AT. C O M / T76

TAKE ON THE TOUGHEST JOBS AND MAKE IT LOOK EASY.

THERE’S THERE’S NO NO BUSINESS BUSINESS

LIKE LIKE SNOW SNOW BUSINESS. BUSINESS.

LOOKING TO BUY? LOOKING TO RENT? From compact loaders that set the industry standard toabout the largest largest selection ofmonthly compact excavators, no one one LOOKING TO BUY? LOOKING TO Visit Bobcat.Know-Where.com/bobcat to Ask ourRENT? daily, weekly,of and seasonal rates.

From compact loaders that set the industry standard to the selection compact excavators, no gives you more choices or more machine for your money than Bobcat Company.

Our rugged equipment Visit Bobcat.Know-Where.com/bobcat to Ask about our daily, weekly, monthly and seasonal rates. find theyou dealer in your area. gives more choices or more machine for your money than Bobcat Company. Our rugged equipment isis tough enough for your most challenging challenging construction construction jobs, yet agile enough to do landscaping landscaping work where where find theenough dealer infor your area.

WANT TOyet BEagile THE FIRST TOto KNOW ABOUT tough your most jobs, enough do work WANT TO BE THE FIRST TO KNOW ABOUT other HAVE machines can’t. When When you you need need to to accomplish accomplish more, don’t don’t settle settle forAND less.SALES? DON’T THE CASH? PROMOTIONAL DEALS other machines can’t. more, for less.

DON’T CASH? PROMOTIONAL DEALSfollow AND SALES? See ourHAVE latestTHE finance deals on our homepage.

Like us on Facebook, us on Twitter or CONTACT US TODAY AND EXPERIENCE THE BOBCAT DIFFERENCE. See our latest finance deals on our homepage.

Like us on Facebook, follow us on Twitter or CONTACT US TODAY AND EXPERIENCE THEjoin BOBCAT DIFFERENCE. our email list! join our email list!

Authorized Bobcat Dealers Authorized Bobcat Dealers CARRIER CENTERS BOBCAT OF HAMILTON, HAMILTON, LTD. BOBCAT OF HAMILTON, LTD. LTD. BOBCAT OF TORONTO BOBCAT OF STRATFORD STRATFORD BOBCAT OF PARRY SOUND CARRIER CENTERS BOBCAT OF BOBCAT OF

BOBCAT OF BARRIE BOBCAT OFOF BARRIE BOBCAT BARRIE

Barrie 705-726-2228 Barrie 705-726-2228 Barrie 705-726-2228 www.BobcatBarrie.com www.BobcatBarrie.com

StoneyStoney Creek 905-643-3177 Nobel 705-342-1717 Creek 905-643-3177 Stratford519-393-6040 Authorized Bobcat Dealers Stoney Creek 905-643-3177 Stratford519-393-6040 www.BobcatofHamilton.com www.BobcatofStratford.ca www.BobcatofHamilton.com www.BobcatofParrySound.com

www.BobcatBarrie.com

BOBCAT OF BRANTFORD, INC.

www.BobcatofStratford.ca www.BobcatofHamilton.com Authorized Bobcat Dealers

BOBCAT OF HURON OF PETERBOROUGH BOBCAT OF THE THE BOBCAT OF BRANTFORD, BRANTFORD, INC. INC.WaltonBOBCAT BOBCAT OF LONDON, LONDON, LTD. LTD.BOBCAT BOBCAT OF Brantford 519-752-7900 877-887-6365 BOBCAT OF OF Peterborough 705-748-9119 Brantford 519-752-7900 London 519-455-4900 TRI-CITIES, LTD. www.BobcatofBrantford.com www.BobcatofPeterborough.com Brantford 519-752-7900 London 519-455-4900 TRI-CITIES, LTD. BOBCAT OF LONDON, LTD. www.BobcatofBrantford.com www.BobcatofLondon.ca www.BobcatofBrantford.com BOBCAT OF DURHAM EAST, LTD. Londonwww.BobcatofLondon.ca 519-455-4900

Kitchener519-579-9100

Kitchener 519-579-9100 BOBCAT OF STRATFORD www.BobcatofTC.com

www.BobcatofTC.com www.BobcatofLondon.ca Courtice 905-404-9990 Stratford 519-393-6040 BOBCAT OF DURHAM DURHAM EAST, EAST, LTD. LTD. BOBCAT OF OF OTTAWA OTTAWA VALLEY VALLEY BOBCAT OF BOBCAT www.BobcatofDurhamEast.com www.BobcatofStratford.ca Courtice 905-404-9990 Casselman 613-764-2033 BOBCAT OF TORONTO

BOBCAT OF OTTAWA VALLEY Courtice 905-404-9990 Casselman 613-764-2033 www.BobcatofDurhamEast.com Cornwall 877-244-5593 BOBCAT OF GREY BRUCE Casselman 613-764-2033 www.BobcatofDurhamEast.com Cornwall 877-244-5593 Owen Sound 519-372-9100 BOBCAT OF OF GREY GREY BRUCE BRUCE www.BobcatofTC.com BOBCAT

Owen Sound 519-372-9100 Owen Sound 519-372-9100 www.BobcatofTC.com www.BobcatofTC.com

Ottawa 613-831-5166 Cornwall 877-244-5593 Ottawa 613-831-5166 www.BobcatOV.com Ottawawww.BobcatOV.com 613-831-5166 www.BobcatOV.com

BOBCAT OF TORONTO

Brampton 416-679-4172 Sarnia 877-336-4840 Sarnia 877-336-4840 Scarborough 416-679-4171 Windsor 888-956-8785 Windsor 888-956-8785 www.BobcatToronto.com www.CarrierCentersEquipment.ca www.CarrierCentersEquipment.ca

BOBCAT OF WINDSOR

JOHN’S EQUIPMENT Windsor 844-807-0120 JOHN’S EQUIPMENT SALES & SERVICE, LTD. LTD. www.BobcatToronto.com SALES & SERVICE,

Frankford 613-398-6522 Frankford KUCERA 613-398-6522 GROUP CHATHAM www.JohnsEquipmentSales.com s.

Chatham 519-351-4300 www.JohnsEquipmentSales.com s. www.Kuceras.com

Brampto n 416-679-4172 BOBCAT OF THE TRI-CITIES, LTD. MCGAVIN FARM Brampto n 416-679-4172 MCGAVIN FARM Scarborough 416-679-4171 JOHN’S EQUIPMENT Kitchener 519-579-9100 EQUIPMENT, LTD. Scarborough 416-679-4171 EQUIPMENT, LTD. www.BobcatToronto.com www.BobcatofTC.com SALES & SERVICE, Walton 877-887-6365LTD. www.BobcatToronto.com

BOBCAT OF OF PARRY PARRY SOUND SOUND BOBCAT

Nobel 705-342-1717 Nobel 705-342-1717 www.BobcatofParrySound.com www.BobcatofParrySound.com

Walton 877-887-6365

Frankford 613-398-6522 www.McgavinEquip.com KUCERA GROUP GROUP CHATHAM CHATHAM www.McgavinEquip.com www.JohnsEquipmentSales.com KUCERA

Chatham519-351-4300 Chatham519-351-4300 www.Kuceras.com www.Kuceras.com

Bobcat is, the Bobcatleader logo and the colors of the Bobcat machine areand registered trademarks engines, of Bobcat and Company in the United Statesserving and various other countries.

20-B006 for more than a century.

Bobcat is a Doosan company. Doosan a global in construction equipment, power water solutions, engineering, proudly customers and communities Bobcat ®, the Bobcat logo and the colors of®the Bobcat machine are registered trademarks of Bobcat Company in the United States and various other countries. ©2020 Bobcat Company. All rights reserved. | 1410 ®

Bobcat , the Bobcat logo and the colors of the Bobcat machine are registered trademarks of Bobcat Company in the United States and various other countries. 20-B006

Perennials

Iris sibirica Black Joker Siberian iris

Leucanthemum superbum Ice Cream Dream Shasta daisy

Intense yellow buds open cream and expand to be near white, fully double, pom pom-like flowers with small yellow centres. The flowers are 6-8 cm wide, and cover the compact mound of dark-green foliage.

Black Joker has stand-out flowers in shades of purpleblack, yellow and pale blue. The grass-like foliage adds a nice upright texture even when not in bloom. Grows to 1.5 m tall.

Brookdale Treeland Nurseries – Valleybrook Nursery

Walters Gardens

Hibiscus Summerific French Vanilla Hibiscus

Soft-yellow flower buds open to 18-20 cm creamy custard yellow, ruffled flowers with a prominent red eye. This compact hibiscus retains its yellow colour, has red stems and deep green, attractive foliage and a very prolific floral production.

Walters Gardens 14 | OCTOBER 2020 | LANDSCAPE TRADES

Heucherella x villosa Pumpkin Spice Heucherella

This vigorous hybrid has dense mounds of bronze-red leaves with dark red veins. For best colour grow in filtered sun. Dark red stems carry cream flowers in early summer. The foliage grows 30 cm high.

Brookdale Treeland Nurseries – Valleybrook Nursery

Heucherella Peach Tea

Hibiscus x Dark Mystery

Large, peachy-red leaves contrast beautifully with cream white flowers. This plant is vigorous and compact, but gives off a glow of daintiness in the landscape. Use Peach Tea in containers, summer borders and mass plantings.

In trials, this hibiscus has proven to be a superior performer.

Incredibly dark, wine-purple foliage contrasts beautifully with the large 20-22 cm white flowers. Each flower has a cherry-red eye and dark-pink veining. Grows to 1.5 m tall.

Coral bells

Terra Nova Nurseries

Brookdale Treeland Nurseries – Valleybrook Nursery

Terra Nova Nurseries; Willowbrook Nurseries

Heucherella

Hibiscus

Heuchera Northern Exposure Sienna Crisp, fresh green leaves in the spring and fall blend to a beautiful sienna orange in the summer. This showy plant was bred from hardy H. richardsonii, and looks better longer through the season than other heuchera.

TOUGHEST MEMBER ON THE JOB SITE. MOST COMFORTABLE TOO. The SVL Series sets a new standard in comfort for any comparable sized track loader. With Kubota’s own diesel engine, standard air and heating, and outstanding bucket breakout force, the SVL Series will be the toughest and most dependable member on your job site.

kubota.ca |

Woody Plants

Cornus stolonifera Arctic Fire Yellow Red osier dogwood

Rhodedendron Electric Lights Red Electric Lights Red has fiery red flowers in early spring, blooming just after the new foliage emerges. It grows in an upright mound and will tolerate full sun to part shade. The flower buds are hardy to -35 C.

A new selection of native Cornus stolonifera that offers the hardiness and durability of the species but with vivid yellow stems.

White flowers are followed by bright white berries. Grows 1.5 m tall and 1.8 m wide.

Bailey Nurseries

Spring Meadow Nursery

Azalea

Physocarpus opulifolius Panther

Syringa x prestoniae Pinktini

Bloomin’ Easy introduces Panther ninebark with sleek dark foliage and stems. Reaches a mature size of 1.2-1.5 m tall and wide, making it great as a superb backdrop to brighter flowers and foliage.

Pinktini is an outstanding dwarf lilac cultivar resulting from a cross between Charisma and Miss Canada. Abundant bright-pink panicles on a compact bush. Non suckering.

Mature height is 1.5 m and width is 1.25 m.

Van Belle Nursery

Jefferies Nurseries

Ninebark

16 | OCTOBER 2020 | LANDSCAPE TRADES

Lilac

Physocarpus opulifolius Raspberry Lemonade Ninebark

Finely-textured, golden-green foliage is followed by lovely white flower clusters. The flowers of Raspberry Lemonade give way to bright coral-red ornamental fruits that hold their colour for weeks. Grows to a height and spread of 1.25 m in full sun.

Hillen Nursery

Home of Proven Winners® Perennials

DOLCE® ‘Toffee Tart’ Heuchera

PPAF CPBRAF

A new color for DOLCE® Heuchera! ‘Toffee Tart’ displays shades of ginger caramel throughout the year, with the newest leaves holding more amber color and a silver overlay. Zones 4-9.

Proven Performance.

TM

Premium Perennials. Rewarding Results.

Woody Plants

Prunus pumila Jade Parade Sand cherry

Jade Parade sand cherry is an ideal shrub for mass planting and groundcovers. Its glossy blueish-green leaves turn yellow, orange, and red in fall. Tiny white spring flowers are followed by black fruits in late summer. Tolerant of full sun and dry conditions.

Bailey Nurseries

Thuja occidentalis Sienna Sunset

Spiraea japonica Poprocks Petite

Potentilla fruticosa Bella Bianca

Sienna Sunset has a compact, spherical habit with a height and spread of 40 cm. The new foliage is yellow-green in colour, turning a bronzed orange colour in late fall. Grows best in sun to part shade.

A beautiful new selection from Bloomin’ Easy. Poprocks Petite has a tidy, compact 60-80 cm mounded form, and candy-pink button flowers that pop against rich green foliage and cover the plant, from late spring to frost.

Bella Bianca from Bloomin’ Easy is an elegant addition to the sunny landscape. This petite new selection blooms all season with pure-white flowers that completely cover its tidy frame.

Hillen Nursery

Van Belle Nursery

Cedar

18 | OCTOBER 2020 | LANDSCAPE TRADES

Spirea

Potentilla

Van Belle Nursery

Ginkgo biloba Mariken Dwarf ginkgo standard

Bluish-green foliage that emerges chartreuse in spring.

The fan-shaped leaves turn an outstanding buttery yellow in the fall. Grows 1.5 m tall and 60 cm wide.

JC Bakker & Sons

OCTOBER 2020 | LANDSCAPE TRADES |

19

Woody Plants

Cornus kousa Scarlet Fire Kousa dogwood

Malus x adstringens Midnite Spire Flowering crabapple

Hydrangea serrata Let’s Dance Can Do! Hydrangea

Deep-pink to fuchsia blooms appear in late May to early June. The blooms of Scarlet Fire dogwood are pointed and do not overlap, creating an attractive starry shape lasting up to eight weeks. Grows 8 m tall with a spread of 5 m Full sun.

A huge leap in achieving success with hydrangeas. Let’s Dance Can Do! is an excellent rebloomer, requiring only a short period of vegetative growth to create newwood blooms. It also sets flower buds along the entire length of the stem, not merely at the tips. Grows 1-1.3 m tall and wide.

Hillen Nursery

Spring Meadow Nursery

Syringa x hyacinthiflora Scentara Double Blue

Spiraea x fritschiana Spot On Spirea

The newest cultivar in the columnar Spire crabapple series, Midnite Spire offers outstanding glossy, purple foliage all summer long. Pink spring flowers give rise to medium-sized fruit. Mature height is 6 m and width is 2 m.

Lilac

The cool purple blooms take on a blue tone in the spring sunshine, each one full of petals for a delicate seashell-like effect.

Heavy bloomer and very fragrant. Grows 2.4 m tall and wide.

Blazing shades of red, orange and yellow make this an outstanding fall-colour spirea.

Dark pink flowers appear in early June with sporadic summer rebloom. Spot On spirea has a mounded habit that needs little pruning.

Jefferies Nurseries

JC Bakker & Sons

Bailey Nurseries

20 | OCTOBER 2020 | LANDSCAPE TRADES

LET’S BE GROUND BREAKING THEY ROCK YOU RULE Strike pay dirt with the hardworking shrubs and trees from First Editions . With 100+ rock star varieties, you’ll see more results with less hassle every time. ®

OCTOBER 2020 | LANDSCAPE TRADES |

21

Woody Plants

Clematis Juliane

Malus X Jefwall Green Wall

White flowers with pink-tipped anthers bloom from early summer to late fall. Juliane is a diminutive vine ideal for the garden or containers. It grows to a height of 150 cm in full sun to part shade.

Green Wall columnar crabapple offers outstanding glossy, green foliage and abundant white spring flowers. Tiny red fruit attracts birds and provides winter landscape value. Grows 6 m tall and 2 m wide.

Hillen Nursery

Jefferies Nurseries

Clematis

Flowering crabapple

Edibles

Hydrangea paniculata Candelabra Panicle hydrangea

A lovely upright form selected by Bloomin’ Easy. Candelabra has incredibly uniform, sturdy stems supporting large cream flowers that turn deep pink, then red as summer fades to fall. Reaches a mature size of 1.8 m tall and wide.

Van Belle Nursery

Vaccinium Silver Dollar

Fragaria x ananassa Framberry

A unique blueberry with a sweet, pineapple flavour and foliage resembling eucalyptus. White flowers in the spring turn to large blueberries. Foliage has hints of silver throughout the spring and early summer before turning to emerald green in the fall.

A breakthrough in breeding has created this amazing new fruit, Sheridan Nurseries says. It looks like a strawberry, but it tastes like a cross between a strawberry and a raspberry.

Blueberry

Star Roses 22 | OCTOBER 2020 | LANDSCAPE TRADES

Strawberry

Sheridan Nurseries

Syringa x Jeflady Little Lady Lilac

Little Lady lilac’s dark pink buds open to classic lilac pink with a heavy fragrance.

Half the size of Miss Kim, this lilac is perfect for foundation plantings, hedges, and mass plantings. The fresh green leaves cup upwards.

Bailey Nurseries

Fragaria x ananassa Cherry Berry Strawberry

The darker the fruit, the sweeter the flavour gets with these strawberries. From a deep red to verging on purple, this variety is just as hardy and high yielding as our other varieties.

Sheridan Nurseries

AVAILABLE FROM MRC BUILDING STONE CO. IN BRACEBRIDGE, ONTARIO

705-687-8700 sales@muskokarockcompany.com OCTOBER 2020 | LANDSCAPE TRADES |

23

Roses

Rosa Enchanted Peace

Rosa Funny Face

Rosa Sunset Horizon

Enchanted Peace is a compact, diseaseresistant, bi-colour hybrid tea rose. It has great fragrance, and grows well in containers. The bloom colour contrasts nicely against the dark green, glossy foliage.

Funny Face flowers prolifically with clean, disease-resistant foliage grown on its own root. Pink and white painted blooms on a compact, upright, rounded shrub make this rose stand out from the crowd.

The flowers of Sunset Horizon open bright yellow and fade to deep pink/cherry red.

When fully open, the flower is quite large. It has excellent disease resistance and grows well on its own roots.

Star Roses

Bailey Nurseries

Star Roses

Hybrid tea rose

Shrub rose

Floribunda rose

#1 Kentucky Bluegrass | Low Mow | Extreme Fescue | Premium Bentgrass | Custom Grow Program | Large or small rolls

DELIVERING SUPERIOR SOD AND QUALITY SERVICE

zandersod.com 24 | OCTOBER 2020 | LANDSCAPE TRADES

17525 Jane St., Kettleby, Ontario L7B 0J6

877-727-2100

Rosa Sitting Pretty

Rosa 49th Parallel Aurora Borealis

Rosa Petite Knock Out

Sitting Pretty has good disease resistance. It works well in a container, and it can be used either as a shrub or a traditional rose in the landscape. The large, pink blooms have a medium damask scent.

The bright dancing lights of the aurora are captured in the blooming clusters of this sunset-pink rose set against dark green and glossy foliage. Black spot resistance and winter hardiness across Canada.

Star Roses

JC Bakker & Sons; Willowbrook Nurseries

Petite Knock Out is the first truly compact selection with the same great disease resistance and abundant, continuous blooming that is characteristic of Knock Out Roses. Suitable for small gardens and containers.

Shrub rose

Rose

Shrub rose

Star Roses; JC Bakker & Sons

OCTOBER 2020 | LANDSCAPE TRADES |

25

MANAGEMENTSOLUTIONS

Building snow clients for life

BY MARK BRADLEY

IT’S CERTAINLY BEEN A YEAR OF UNCERTAINTY, but for most contrac-

tors, it’s also been a year of surprising success! Most contractors I’ve spoken with are either even or up over last year — which is a huge surprise given that our day-to-day lives were turned upside down this spring.

So let’s take some time to reflect on that theme, and out of the uncertainty and risk that is the snow and ice industry, examine how to eliminate some uncertainty and build customers for life — using some simple and common-sense approaches to running a successful snow and ice operation.

CUSTOMERS FOR LIFE: PRE-SALE Building customers for life should start even before your prospects become customers. The process begins by: • Understanding your clients have needs and wants, but they are not experts.

• Creating solutions for customers that balance their needs and wants with best practices.

• Educating customers about our industry and the work to be performed.

• Communicating your expertise in a way that differentiates you and your company from competitors.

Let’s look at how this applies in the snow and ice industry. Your clients don’t really want to pay you to push snow around their lot. It’s what we do, but the real purpose is to ensure that their lots and residences are safe to walk and drive on, that they can get to work on time and safely, and they can be open for business, etc.

A good sales process will convince the customer that we understand the reasons why it’s important to manage snow and ice. You will build strong alignment with 26 | OCTOBER 2020 | LANDSCAPE TRADES

your prospects simply by showing them you understand their goals, and not just the work at hand.

Starting this process is simpler than it might seem. Think of all the problems you had plowing snow for customers in the past. These are the things that frustrate customers. Now talk to how you’re going to mitigate those problems. For example: • Discuss the ‘trigger’ for servicing the site. Ask questions. If you’re expected to plow when accumulations reach five cm or more, do they want you to leave your shop once accumulations hit that mark, or do they want you onsite by the time events hit that accumulation?

• Agree on a weather service ahead of time, so there is no disputing forecasts or depths.

• Discuss ‘ongoing events’ that happen during critical business hours and how you are going to handle them. Identify critical areas for plowing during these ongoing events so you can keep those open until you have time to do a full clean up.

• Identify and ask about site hazards or important safety locations.

• Discuss where snow is going to get piled, make recommendations (if necessary) and discuss the process for removals and relocations if required.

• Take pictures of the site and scope of work to document pre-existing conditions or damage.

This process has so many advantages.

It positions you as an expert — you’re demonstrating that you understand the risks and pitfalls of this work — and you’re collaboratively working on solutions or risk mitigation to reduce the risk of in-season customer conflicts. It’s an important step to building customers for life, as you align

your interests with your clients’ interests and set yourself up to avoid unpleasant conversations or experiences later in the season.

CUSTOMERS FOR LIFE: IN-SEASON COMMUNICATION Once the season begins, communication is the most important part of continuing the selling process. It ensures you stay in front of your customers, stay accountable, transparent, and most of all reliable — even when things don’t go exactly as planned. Prior to weather events, send out alerts to your customers to let them know the forecast. Share your expected execution plan and/or what you’re monitoring.

Trying to manage a snow and ice event while taking tens (or hundreds!) of phone calls can be the single most frustrating thing about snow and ice. Collecting information from field staff and relaying it to customers, especially in the middle of the night, is a daunting task!

Mitigate this frustration by being proactive and keeping customers up-todate. Technology can play a vital role here.

You can communicate with customers in real-time, without investing any time to do it.

Using apps, our field staff tracked time spent on sites, work performed, notes, weather and even photos. Some of that information (we choose what to share) was relayed directly to the customer, live, so they didn’t need to call our office, but most importantly, they didn’t need to worry.

We reduced incoming phone calls by 70 per cent and our client retention grew every year we used the technology.

Clients got used to our level of service and transparency, and simply wouldn’t settle for less in the future.

Not only that, service documentation was better, and future pricing negotiations were much easier, since both parties were precisely aware exactly what it took to service their property to their expectations. In subsequent years, we shared in the process of developing a scope of work that would best meet the client’s expectations and budget. Best of all, with the data they had in hand, they trusted us with that process.

CUSTOMERS FOR LIFE: POST-EVENT COMMUNICATION Increasing technology and communication within our snow and ice business not only increased our efficiency and improved customer relations, it drove significant post-event benefits as well.

We were paid faster. Since information had been relayed to the customers as-ithappened, there were fewer questions about invoices. And since the invoices were driven using the same information in the reports they had viewed, there was little-to-no concern of billing inaccuracies

— a far cry from the old days where we manually fought for weeks to reconcile custom contracts, billing triggers, reading staff paperwork, and double- and triplechecking invoices to ensure they were correct. Our clients got used to, and trusted, the accuracy of our reports and our billing.

The photos, GPS co-ordinates and digitally timestamped records proved that we delivered on our pre-sale promises.

We were all in a better position to defend ourselves from legal action, but most importantly, we became known as the contractor who does what they say they were going to do. And when we didn’t (hey, equipment still breaks and staff still fail to show up!), conversations were easier because of our previous reputation.

But the biggest advantage of all was that we evolved clients’ expectations of their snow and ice contractor. We were no longer just another truck, pushing snow and dropping salt. We delivered an unexpected level of service that reset the clients’ expectations. Next year, and

for years after, it was that much easier to retain our customers since: • We proactively planned a scope of work that addressed their true goals.

• We delivered on that scope of work.

• We documented and verified the delivery of work in a manner that was consistent, convenient, and trustworthy.

And when you’re not losing clients out the back door, it becomes that much easier to plan and grow a successful snow operation. Dedication to customer communication changed our snow business for the better. I know it can and will do the same for yours. LT

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

A FULL LINE OF PREMIUM COLOURED MULCHES

OCTOBER 2020 | LANDSCAPE TRADES |

27

ROADTOSUCCESS

Things change. But not the basics.

BY ROD McDONALD

I WROTE IN THIS COLUMN a few years ago about how I learned many retail lessons as a high school student working at The Bay. It was the latter part of the ’60s, and service was available not only at the independents, but at large department stores as well. It didn’t matter if it was Eaton’s, Simpsons or The Bay, you received good service from experienced salespeople.

I bought my first cookware set from Simpsons in 1973, and a woman in her 50s waited on me. She asked me what I cooked, how often and what style of cooking I preferred. Then she selected the set I needed. I left the store satisfied that my needs had been met.

Over at The Bay, you could not purchase a pair of men’s underwear or socks without someone looking after you. Usually a ‘mom’ type salesperson. It was almost impossible to not be waited on by staff members who knew what they were talking about.

Dedicated staff ensured the shopping experience was enjoyable.

Today, this type of service has almost totally disappeared.

What stimulated me to rehash these stories of long ago, when service was mandatory, was a recent experience. My wife needed some new underwear. Being a considerate husband, I volunteered to accompany her on this expedition. Most husbands will understand. The Bay was our first place to visit. We arrived in the lingerie department and I was instructed to keep myself busy at The Dollar Store for the next 40 minutes or so.

The Dollar Store being at the other end of the mall. According to her, she needed no assistance in selecting those intimate items.

Or at least, no assistance from me.

Forty-some minutes later I returned to The Bay. My wife was disgruntled. The entire time she was in the department, not a single staff member approached her. She required assistance.

She was perplexed by the lack of service, and left frustrated, with no purchase. We walked slowly out of the store, looking for staff, any staff. All we could see were the salespeople in their white lab coats at the cosmetic counters and the cashiers at the sales terminal. Not a single salesperson. The Bay, as you may know, is on the verge of going out of business. No doubt, their position would be that they cannot afford staff. On the other side of the coin are the customers who leave without making a purchase, frustrated by the lack of assistance. The chicken and the egg story slides right into this slot.

Regina’s online group that started up in the last year, YQR Plant Junkies, is dedicated to plant fanatics. Rest assured, I do not use the word fanatic in a hyperbolic fashion. These members are true enthusiasts of all things green. I am a member, occasionally 28 | OCTOBER 2020 | LANDSCAPE TRADES

posting, but mostly I read the comments. It is interesting to read of the frustration that I wrote about in the above paragraphs.

Recent postings have commented about taking a long time to find someone to talk to at Home Depot’s Garden Centre, only to discover they didn’t know anything. Stories abound about the lack of service at box stores, and if we are honest, the chain stores’ definition of service is laughable. If you do receive decent service at a box store, rest assured it was by accident, not by design.

AT THE OTHER END OF THE SPECTRUM, this Plant Junkie group posts many glowing reviews of independents that provide outstanding service. It is often noted how helpful staff and owners are at certain places. It also mentions that, at many of the independents, a customer can find those often difficultto-locate plants or plant care products. I have read member comments about how they view a visit to a well run, independent shop as a treat and a pleasurable experience. They drop a couple of hundred bucks and rave about what a great time they had! They view the experience as having been fun, exciting and worthwhile.

All of this only confirms what we already know but needs reaffirming: We cannot compete on price but we can slay the dragon with quality, selection and service. Perhaps slaying the dragon might be a bit dramatic, but we can most certainly find our spot in the retail mix.

I measure success as thriving, not surviving. When I speak with an independent and he or she tells me they made enough to pay their bills and to keep the doors open for another year, my eyebrows raise. I wonder, and for good reason, are they planning to be around in five- and 10-years’ time? Success is not about getting by, it is about improving your operation, expanding your knowledge base, your selection and yes, increasing sales and the bottom line. Too often, we worry about what the competition is doing, ignoring the things that make us better. We need to ask ourselves: Are we being the best we can or are we coasting?

There are those independents who have made the commitment to being the best they can. According to social media reports, their customers are appreciative and spending money at these places.

In these uncertain and difficult times I have seen line ups at my local deli, as customers wait to purchase specialty items available at this one place. The same applies to my long-time friends at Dutch Cycle, whose bike shop has a line-up out the door, of customers wanting to service their bicycles or to purchase a new

Flexible. Powerful. Profitable. one. The bikes are not cheap at Dutch Cycle. You can buy one for $500, but you can also pay $6,000, as they go after the dedicated cyclist market. Those dedicated cyclists bring in their not-so-dedicated friends who still need sales and service, though not to the extended degree. The one thing Dutch Cycle learned from their old-school father, was that no matter how much the customer wants to spend, treat them with respect and meet their needs. Following that dictum explains the line-up.

My local, successful deli has competition from every grocery store in the city.

If you want cheese, bread and olives, you can purchase those items from Superstore and for a good price. If you want cheese, bread and olives that taste incredible, then you shop at The Italian Star.

The bike shop has lots of low-end competition from Canadian Tire who sells bikes for around half of what you pay at the independents. You already know this; they are not the same bikes. Dutch has minimum standards for what they sell, and they do not reach down to the depths of the chain store. Not only are their bikes of better quality, but they also fit the bike to your weight and height. Both of these businesses thrive in good times and not-so-good times. Survival is not a word they use in their business plan and neither should you.

There are no great secrets to running a successful garden centre (or other retail operation). The recipe is known, and all that is required is the diligence and perseverance to follow through. Engage those open secrets to stay on the road to success. LT

Software that’s flexible enough to design on any platform, powerful enough for any job, and created so that your profits are as beautiful as your proposals.

This is PRO Landscape. prolandscape.com | 800-231-8574 | sales@prolandscape.com

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.

OCTOBER 2020 | LANDSCAPE TRADES |

29

LEGALMATTERS

Liquidated damages and deposits in construction

BY ROBERT KENNALEY

HISTORICALLY IN CANADIAN COMMON LAW,

the courts will not require a party to pay a genuine or true penalty on grounds of public policy. Thus, at common law a “liquidated damages” clause which provides that a party must pay a specified sum if it breaches the contract will be unenforceable and struck as a penalty if the amount is a not “genuine pre-estimate of damages.” It is in this context that liquidated damages clauses have arisen in construction: they are commonly used to pre-determine the damages a contractor must pay to an owner, usually on a per-day basis, for any delays it is responsible for.

To be enforceable at common law, the amount of a liquidated damages clause must represent, at the time the contract is entered into, the parties’ collective and genuine effort to reasonably determine what the damages will be.

Thus, if parties to a $1 million contract with a six-month contract schedule agreed to a liquidated damages clause requiring the contractor to pay $100,000 for every day of delay, the clause would generally be struck as unenforceable. This is because it is unlikely the parties could have genuinely agreed that a day of delay would be worth $100,000.

Practically speaking, liquidated damages clauses are accordingly often challenged, after the fact, on the basis that they were not (at the time of the contract) a genuine pre-estimate of damages.

(We note that many a contract will now require the parties to expressly agree, in the contract itself, that the number set out is indeed a genuine pre-estimate which will not be challenged at a later date. These clauses should be taken seriously, for reasons we will discuss below.)

of Purchase and Sale in a real estate transaction will generally forfeit the deposit even if the vendor subsequently sells the home for substantially more money, and suffers no losses whatsoever. In addition, at common law the amount of the deposit lost need not have any relationship to the value of the contract, whatsoever.

In Canada, however, our courts are both courts of common law and courts of equity. Common law and equity are two distinct streams of legal principles each of which go back centuries, to old Kings in England.

While the common law imposes legal principles based on precedents, equity imposes principles that are, generally speaking, based on what is fair in all of the circumstances. Equity can sometimes thus be applied to relieve against the otherwise harsh consequences of the common law. In this context of fairness, it is said that anyone who claims equitable relief “must do equity” and must come to the Court with “clean hands.”

As regards deposits, equity can step in to relieve a party from the harsh consequences of the forfeiture if the Court finds that enforcing the provision would be unconscionable in all of the circumstances.

Establishing that a clause is unconscionable, in turn, requires an inequality of bargaining power between the parties and a resulting bargain that is “improvident,” or unfair. Accordingly, where there is a true inequality of bargaining power between the parties and the resulting deposit requirement can be seen as manifestly unfair, equity may step in to relieve the party in default from the obligation to forfeit the deposit.

“A liquidated damages clause could be enforceable even if the amounts bear no relationship whatsoever to the actual damages to be suffered by the other side.”

DEPOSITS ARE DIFFERENT. They are, historically, an exception to the general rule that penalties will not be enforced under a contract. Under this exception, a deposit can and will be forfeited even if the party that gets to keep it suffers no damages whatsoever. For example, a purchaser under an Agreement 30 | OCTOBER 2020 | LANDSCAPE TRADES

IT SHOULD BE UNDERSTOOD, however, that establishing inequality of bargaining power and an improvident bargain can be difficult to do. All things being equal, our Canadian Courts (from the Supreme Court of Canada on down) have made it clear they prefer to let the parties themselves determine the terms of their contracts, including what is and is not a breach and what will,

and will not, occur in the event a breach occurs. As the Ontario Court of Appeal commented in the 2005 case of 869163 Ontario Ltd. v. Torrey Springs II Associates Ltd., 2005 Carswell Ont 2782, “Judicial enthusiasm for the refusal to enforce penalty clauses has waned in the face of a rising recognition of the advantages of allowing parties to define for themselves the consequences of breach.”

Accordingly, and perhaps over-simplyput, parties should not assume they will be able to easily avoid the forfeiture of a deposit on the basis of unconscionability.

It is not enough to show that the terms of the deposit are in and of themselves grossly improvident, or unfair. Rather, it requires a finding of inequality of bargaining power that may be very difficult to establish. Simply put, the Courts are inclined to allow sophisticated parties to negotiate the terms of their agreements. Although not impossible, it will generally be difficult to establish an inequality of bargaining power.

And there is this to be added: Recently, in Ontario, there are indications the Courts may abandon the traditional common law approach to liquidated damages in favour of using equity and the principles of unconscionability. To recall, the common law doctrine requires a rational connection between the amount of set out in the clause and the actual amount of damages suffered, failing it is not a genuine pre-estimate of the damages and is not enforceable. In Torrey Springs (referenced above) and in Redstone Enterprises Ltd. v. Simple Technology Inc., 2017 ONCA 282, however, the Ontario Court of Appeal has suggested that going forward it may decide to assess the appropriateness of a liquidated damages on the basis of unconscionability, alone.

The upshot of this, of course, would be that a liquidated damages clause could be enforceable even if the amounts bear no relationship whatsoever to the actual damages to be suffered by the other side.

The $100,000 per-day clause referenced above, for example, would conceivably be enforceable unless inequality of bargaining power could be established.

We will, of course, keep readers apprised of developments in this regard. In the

meantime, parties should take care to read their contracts and only agree to reasonable liquidated damages, deposit or other penalty clauses. LT

Rob Kennaley is with Kennaley Construction Law, a construction law firm with offices in Simcoe, Toronto and Barrie,

Ont. He speaks and writes regularly on construction law and contract issues.

For comment, or for more information, please see the firm’s website and blog, at kennaley.ca. This material is for information purposes and is not intended to provide legal advice in relation to any particular fact situation. Readers who have concerns about any particular circumstance are encouraged to seek independent legal advice in that regard.

Be ready for deployment with the SnowWing from HLA Snow.

These incredibly versatile wing blades use hydraulics to rotate the end plates 180 degrees to ensure the optimal positioning for any clearing task. Our patented tire protection system is standard equipment allowing you focus on the job ahead. Each commercially rated snow blade is backed by a 2-year warranty.

For more information contct your local dealer or visit us online.

OCTOBER 2020 | LANDSCAPE TRADES |

31

CONGRESS 2021 GOES VIRTUAL: CONGRESS CONNECT Canada’s top horticultural trade show and conference, Congress, has been staged since 1979 by Landscape Ontario. The 2020 event hosted over 12,000 participants.

With no easing of pandemic restrictions on the horizon, organizers are moving forward with a virtual format to provide green professionals with outstanding education, product information and networking opportunities. The reimagined event is called Congress Connect, and will launch Jan. 12-14.

“I never expected to rethink everything I knew about my career, and I must say, it’s energizing!” said show manager Heather MacRae. “We have been hearing messages of support and enthusiasm from attendees and suppliers alike. One thing is clear: whether it’s virtual or live, our Congress brand is trusted, respected and valued by the landscape industry.”

MacRae encourages landscape pros to sign up soon, and see what the new digital format has to offer. The Conference component will include over 30 targeted professional development topics, and attendees can also opt to view an online Awards of Excellence presentation. For more information visit www.LOcongress.com.

ONTARIO SUPPORTS HIGHWAY OF HEROES TREE PLANTING The Ontario Government is honouring members of the Canadian Armed Forces who made the ultimate sacrifice for their country by providing $1 million to plant additional trees along the Highway of Heroes.

Funding in support of this living tribute was announced in July by Caroline Mulroney, Minister of Transportation.

“This project commemorates the bravery, commitment and sacrifice of all the Canadian military personnel who lost their lives serving their country,” said Minister Mulroney. “Each tree planted along the Highway of Heroes will not only benefit the environment but will be a growing reminder that will inspire people for generations to come.”

In partnership with the Highway of Heroes Tree Campaign, the province is providing the funding to support the goal of planting 117,000 trees along the highway, which 32 | OCTOBER 2020 | LANDSCAPE TRADES

represents one tree for every soldier who died serving Canada since Confederation.

Highway 401 between Glen Miller Road in Trenton and Keele Street in Toronto is recognized as the Highway of Heroes, representing the final journey of Canadian Armed Forces members who died in service to their country. Over 52,000 trees have been planted under this initiative since planting began in 2016.

Mark Cullen, Campaign Chair and CoFounder of the Highway of Heroes Tree Campaign said, “We’re incredibly thankful for our partners at the Ministry of Transportation of Ontario. Without them, making this dream a reality would never be possible. This funding commitment from the MTO has us so close to accomplishing our goal of raising $10 million that we can now focus on completing our living tribute in the next two years. Our sincerest thanks to Minister Mulroney and Premier Ford for believing in our mission.”

For more information on the campaign, visit HOHtribute.ca.

CARTER-CONNEEN IS NEW ASLA CEO The American Society of Landscape Architects (ASLA) recently announced the selection of Torey Carter-Conneen as its new chief executive officer.

“On behalf of the Executive Committee of the American Society of Landscape Architects, we are thrilled to have Torey join us,” said ASLA President Wendy Miller, FASLA. “Torey brings to ASLA a wealth of experience in organizational management and strategic planning, a fresh outlook, tremendous energy, and a lifetime of committed advocacy for a more just society. From the climate crisis, to racial injustice, to diversity and inclusion — Torey has the strategic vision necessary to tackle the tough issues facing the Society, the profession, and the entire design industry. Torey is, without a doubt, the creative, innovative, committed leader we need at this moment to move the Society and the profession forward.”

Torey has nearly 25 years of experience and expertise in strategic organizational development, tactical implementation, financial stewardship and administrative leadership. He has a proven track record

as an innovator and thought leader in the association world, with an aptitude for pioneering strategies to shape organizational priorities, ensure financial stability, and invigorate member recruitment and retention programs.

“At this very important moment in our country and our world, it is essential that we work together to solve our biggest problems — bridging deep, tribal divisions, creating new opportunities and rebuilding a sense of community at a time of fear and isolation. It is going to take innovative and thoughtful solutions to tightly weave the fabric of our society back together. ASLA is an organization with a rich history and significant role to play leading this work, both in the design world and beyond it,” said Carter-Conneen.

GREEN CITIES FOUNDATION REHABILITATES HAMILTON NEIGHBOURHOOD The Green Cities Foundation is a community connecting plants and people for a greener healthier urban climate. St. Matthews House has been chosen by the Green Cities Foundation to be the first #GreenMyCity project in Hamilton, Ont., as well as at three parks in the surrounding neighbourhood.

St. Matthew’s House is a non-profit charitable organization founded by the local Anglican churches in inner city Hamilton with a focus on caring for vulnerable populations in the surrounding neighbourhoods.

This project aligns with the Green Cities Foundation’s vision to help communities across Canada to improve green spaces in urban locations.

Working together with our major sponsor RBC Insurance, as well as the Barton Village BIA, Beautiful Alleys, The City of Hamilton, The Golden Horseshoe Chapter of Landscape Ontario and the Canadian Nursery Landscape Association membership, the #GreenMyCity2020 project will create a natural landscape that will improve community health and well-being in the Barton Village Community.

This project will green a part of the city that has more asphalt per capita than anywhere else, and remediate a brownfield that has sat idle for more than 50 years. It will provide

The Green Cities Foundation met with staff from St. Matthews House in Hamilton, Ont. to discuss plans for the first #GreenMyCity project.

educate the public and our politicians on the value of green spaces and the impacts to the community that they can provide — helping to mitigate climate change by cooling our cities, improving the mental health of the residents, filtering water and improving stormwater management, and providing cleaner air to breathe.” For more information or to get involved with this project, please contact Rebecca Doutre at gcfdirector@ gcfoundation.ca, or visit gcfoundation.ca.

STANLEY BLACK AND DECKER SUPPORTS CHILDREN’S AID Stanley Black & Decker donated $25,000 to the Children’s Aid Foundation of Canada to support the organization’s mission in the fight against Covid-19.

The donation to the Foundation’s

WPEequipment.ca

80 kids aged 0-4 with a green playground in a deeply urbanized environment where access to green space is limited. Organizers are working with community partners from a diverse array of groups such as parents and children, seniors and youth, neighbours and faith groups to have a positive impact on the environment and create a space to live, grow and play.

The natural playground design includes log structures, chalkboards, clusters of stumps, a xylophone and rolling hills. The new facilities will provide exciting places for children to discover nature, make art and music, climb and jump. The parking lot renovation will add space for community gatherings including bistro table seating areas, game tables and greenery. The restoration will encompass the Business Out of the Box project (BoB), a Women’s Entrepreneur Collective (WEC), an entrepreneur initiative to develop a small retail business through a collaborative model.

The Native and hardy plant species will help create a buffer zone between the natural space and Hamilton’s busy Barton East corner: a healthy, sustainable green space in a dense urban environment that will reduce heat buildup, control air pollution, prevent soil erosion, and contribute to energy saving.

The rehabilitation project will start in the Fall of 2020. Volunteers will be working together with residents of Hamilton to organize community garden clean ups, tree plantings, and turf maintenance in the surrounding Woodland, Birge and Birch park areas during our St. Matthew’s House build, carrying over into Spring 2021.

Alan White, Vice Chair of the Green Cities Foundation, has been instrumental in leading this project alongside Paul Brydges and Peter Guinane. “We hope that by building projects like this across Canada, we will help

Covid-19 Child and Family Support Fund is helping to address the sudden impact the pandemic has made on children, youth and families involved in child welfare, the company explained. The funding will help secure access to basic necessities such as housing, food, critical mental health support and e-learning technology, provide direct financial assistance to caregivers and allow flexible funding to local child welfare organizations to meet the immediate and changing needs of the families they work with.

“The children, youth and families we serve are already amongst the most vulnerable populations in the country. The Covid-19 pandemic is exacerbating financial instabilities, increasing housing and food insecurity, incidences of domestic violence and social isolation. We are so grateful for the support of Stanley Black & Decker to help make an immediate impact on the lives of children and families across the country,” said Valerie McMurtry, President and CEO of Children’s Aid Foundation of Canada.

“Stanley Black & Decker is immensely proud of our partnership with Children’s Aid Foundation of Canada, which is just one part of our company-wide effort to empower the front lines in the fight against Covid-19,” said Stanley Black & Decker Canada’s VP of Human Resources Jennifer Le Donne. LT

SHOW THEM

WHO’S

BOSS

BOSS XT

THIS WINTER!

Visit or call us today at a location that is convenient for you: HAMILTON: MISSISSAUGA: 368 Mill St. / 905-628-3055 3165 Unity Dr. / 905-569-2055 OCTOBER 2020 | LANDSCAPE TRADES |

33

Zero turn mowers

Bobcat introduces a 21-machine lineup that includes both zero-turn sit-on and zero-turn stand-on mowers.

New features for utility vehicles

John Deere is updating its line of Gator Utility Vehicles to include automotive-like features that make the vehicles easier to operate and provide improved control in a variety of terrain, the company says. Updated John Deere Gator Utility Vehicles, including the HPX Work Series, Mid-Size XUVs, and Full-Size XUVs, offer an integrated park position and improved shift pattern for easier operation and a more automotive-like feel. The updated units also feature instant four-wheel drive that’s engaged with the flip of a switch.

Bobcat www.bobcat.com

WPEequipment.ca

John Deere www.deere.ca

NeW

Attachment Experience the Difference Service Makes!

The ALL

NeW 36�

V-Blade For The SSV LINe

WPE is a Proud Ventrac Dealer

HAMILTON: 368 Mill St. / 905-628-3055

34 | OCTOBER 2020 | LANDSCAPE TRADES

Visit or call us today at a location that is convenient for you: MISSISSAUGA: 3165 Unity Dr. / 905-569-2055

Worksite storage

Dewalt announces its new ToughSystem 2.0 Storage System, which offers improved durability and modularity versus previous units, is now available. With an increased wheel size and a durable design, the new storage products can withstand the rough treatment of the jobsite, workshop, and van racking, Dewalt says.

Dewalt www.dewalt.ca

Low-voltage sconce

Engineered to bridge the gap between indoor and outdoor lighting applications, the new low-voltage NL up/down sconce from FX Luminaire provides a high-performance, bidirectional solution for lighting designers, the company says.

FX Luminaire www.fxl.com

Small dozers

Building on the same base machine platform as their predecessors, the new Cat D1, D2 and D3 Next Generation small dozers feature styling changes, technology enhancements and a new low-emission fuel-efficient engine that provides significant value for the customer. The D1, D2 and D3 Next Gen dozers replace the D3K2, D4K2 and D5K2 models, respectively, and the new series offers the same specialty model options as in the past.

Caterpillar www.cat.com

Excavator attachments

Bobcat Company is widening its attachment offering with the introduction of new large excavator attachments. The new lineup includes the Bobcat trenching bucket, grading bucket and pin grabber, as well as main pin and prolink thumb attachments paired specifically with the E145 and E165 large excavators.

Bobcat www.bobcat.com

OCTOBER 2020 | LANDSCAPE TRADES |

35

Tractor loaders

The new John Deere 210L and 210L EP tractor loaders are now available with grade control-ready and grade indication factory options. The grade technology options combined with an updated box blade result in increases to productivity and efficiency when completing site prep, road building and landscaping jobs, John Deere says.

John Deere www.deere.ca

Digital features for compact loaders

Bobcat launches Features On Demand, a patent-pending technology that gives customers the flexibility to enable additional features on their R-Series compact loaders.

Bobcat www.bobcat.com

Backhoe loaders

Caterpillar announces five new backhoe loader models operating in the 14-ft and 15-ft size classes. The new line consists of the Cat 415, 416, 420, 420 XE and 430 models, replacing the 415F2, 416F2, 420F2, 420F2 IT and 430F2 machines respectively. The new Cat backhoe loaders offer similar model platforms throughout the line to deliver component commonality and operating similarities throughout range.

Cat www.cat.com

Bakker & Sons Ltd .

J.C. 100% n adia Canro n G w

Bakker since 1949

W ho

le s ale N u rs e r i e

s

2021 New Introductions

70 Over

years Integrity of

Two Tones Daphne J.C. Bakker & Sons Ltd. 1360 Third Street, St. Catharines, ON, Canada L2R 6P9 Tel: 1.877.816.6608 Fax: 905.935.9921 Email: nursery@jcbakker.com Web: www.jcbakker.com

36 | OCTOBER 2020 | LANDSCAPE TRADES

EVENTS NOVEMBER 18-20 Expo Québec Vert,

Drummondville, Que. expoquebecvert.com/en

NOVEMBER 19-20 Green Industry Show and Conference, virtual event greenindustryshow.com

NOVEMBER 30-DECEMBER 4 Irrigation Association Education Week,

virtual event, irrigation.org/2020show

DECEMBER 15-17 ISA Annual International Conference and Trade Show virtual event isa-arbor.com

2021 JANUARY 12-14 Landscape Ontario Congress Connect,

virtual event LOcongress.com LT

ADVERTISERS COMPANY

PAGE WEBSITE

A.M.A. Horticulture Inc

35

www.amahort.com

Bailey Nurseries

21

www.baileynurseries.com

Bakker ( JC) & Sons Ltd

36

www.jcbakker.com

Beaver Valley Stone Ltd

25

www.beavervalleystone.com

Bobcat Company

13

www.bobcat.com

Gro-Bark (Ontario) Ltd

27

www.gro-bark.com

Horst Welding

31

www.horstwelding.com

John Deere Limited

40

www.deere.com

Kubota Canada Ltd

15

www.kubota.ca

LMN

5

www.golmn.com

PRO Landscape by Drafix Software

29

Spring Meadow Nursery Inc

39

Stihl Ltd

7

Takeuchi

19

www.takeuchi-us.com

The Salt Depot

35

www.thesaltdepot.ca

WPE Equipment (Windmill)

33, 34

Walters Gardens Inc

17

www.waltersgardens.com

Windy Ridge Corporation

23

www.stonehook.com

Winkelmolen Nursery Ltd

29

www.winkelmolen.com

Zander Sod Co Ltd

24

www.zandersod.com

CANADIAN LANDSCAPE STANDARD SECOND EDITION THE GUIDE FOR LANDSCAPE CONSTRUCTION PROJECTS ACROSS CANADA

www.prolandscape.com

www.springmeadownursery.com www.stihl.ca

www.wpeequipment.ca

Completely enhanced and revised, the CLS is THE best way to specify landscape construction projects.

Now available in French or English, digital-download or hard-copy editions.

Discover more at csla-aacp.ca/standard

OCTOBER 2020 | LANDSCAPE TRADES |

37

MENTORMOMENT

Passion for plants INTERVIEW BY RITA WEERDENBURG

You are well known by industry PEGGY WALSH CRAIG is well known in the industry — especially within the nursery sector friends and colleagues as being a true for her many contributions to the ornamental plant person. What led you to choose sector as the Managing Director of the Canadian a career in horticulture and how did Ornamental Plant Foundation (COPF), a position your choices lead you to COPF? I have always been an environmental activist she held for 21 years from 1990 to her retirement and after a summer working at a wholesale in 2011. nursery, I saw horticulture aligning with doing COPF was founded in 1964 to compensate good things for the planet. After completing for Canada’s lack of Plant Breeders’ Rights the University of Guelph’s diploma program, I regulations; however, even after the introduction worked at Sheridan Nurseries and then Braun of PBR in the early 1990s under Peggy’s Nurseries. I also served on a horticulture guidance, COPF continued its vital role as an therapy project and in plant records at agency charged with the orderly collection Royal Botanical Gardens, but it was while and redistribution of royalties on new plant PEGGY WALSH CRAIG interviewing Tony Huber for a Horticulture introductions.

Review article that I became aware of and The management of intellectual property rights on plants is exceptionally complex, and over the years Peggy applied for the position of Managing Director of COPF. became Canada’s go-to person to provide expert advice to the Regular readers of LT will be aware that you have ornamental sector in the management of intricate IP issues. She received two prestigious awards from the International represented Canada at the international level, meeting with IP Plant Propagator’s Society. What inspired your managers of major breeding companies around the world and at involvement with that organization?

CIOPORA, the international agency representing plant breeders’ You could say that from my first IPPS meeting, I felt I’d found my rights on behalf of the ornamental sector. tribe. Members of IPPS talk passionately about plants from early What do you consider to be your major contributions morning to late night. The organization’s motto is: “To seek and to to the industry as Managing Director of COPF? share,” and even the most successful nursery people openly share Throughout my career I worked with many far-sighted and their knowledge with industry newbies at the annual conference. dedicated board volunteers who appreciated getting to know the Eventually, I served on the board, helped organize a conference differences between the floriculture and nursery sectors, who in Ontario and in 2017, took a position as Executive Secretary of were both represented in COPF. It was challenging to balance the the IPPS-Eastern Region Foundation. The Foundation aims to grow needs of growers seeking liberal access to new varieties for low future horticulturists through small research grants, scholarships royalties with breeders wanting to limit access and receive the and internships. highest royalties possible for their new plants. And I like to think I How have you fulfilled your quest to be an helped bridge those differences in many instances. environmental activist?

Also, with the board’s guidance and cooperation, all grower Locally in North Bay, Ontario, I advocate on stormwater and breeder agreements were rewritten to work with the management issues, water quality and active transportation. In Plant Breeders’ Rights Act passed in the early 1990s. We also 2015, I started working with the local conservation authority, to set implemented a propagation monitoring program which greatly up a shoreline restoration program called Restore Your Shore. LT improved compliance among growers and raised confidence with foreign and domestic breeders releasing new plants in the Canadian marketplace. With these improvements, we were able to If you have a mentor to recommend, or a question to suggest, please write increase royalties collected four times higher than previous levels. to editor@landscapetrades.com.

38 | OCTOBER 2020 | LANDSCAPE TRADES

INVINCIBELLE Spirit II ®

Hydrangea arborescens

There’s so much to love about the

The INVINCIBELLE® Spirit II

INVINCIBELLE® Spirit II hydrangea,

hydrangea has raised over a million

from its dark green foliage to its

dollars for the Breast Cancer

rich, pink flowers held up on strong,

Research Foundation®, $1 at a

supportive stems. Want more reasons

time. That’s pretty powerful.

to love this hydrangea?

Learn more at InvincibelleSpirit.net

We’ll give you a million.

and BCRF.org.

5’

INVINCIBELLE® Spirit II Hydrangea arborescens ‘NCHA2’ pp#28,316, cbr#5622 Full-part sun • USDA Zone 3-8 3.5 - 4' tall and wide

www.provenwinners-shrubs.com

There is no such thing as a PartsTree.

But there is Parts NOW. Commercial mowing parts don’t just appear magically out of nowhere.

Thankfully, you can count on the next best thing: Parts NOW, part of our NEVERSTOP™Services and Support. With Parts NOW, you can have a John Deere Parts Onsite™ cabinet right in your shop. Your dealer keeps it stocked with the parts you use the most. And with our Next Day Parts Guarantee, you’ll have the parts you need the next day – or it’s free. You can even order parts online, anytime you want.

You can wish for parts. Or you can have them right when you need them.

Talk to your John Deere dealer today about what Parts NOW can do for your business.

JohnDeere.ca/NEVERSTOP

John Deere’s green and yellow color scheme, the leaping deer symbol, and JOHN DEERE are trademarks of Deere & Company.

79229