Category Archives: Business

Legal battle costs arm, leg, kidney

Here’s an interesting story that’s been raising eyebrows today: Jean Bédard, who runs an offshore financial services company apparently called Offshore Financial Services, is being sued by the National Bank, and because he’s running out of money and the moral and financial stakes are so high, he’s decided he has no choice but to sell a kidney to pay for court costs.

He hasn’t actually sold a kidney yet. He hasn’t even really setup the procedure or figure out where he’s having it done (it’s illegal to sell organs in Canada). But that didn’t stop him from talking to Gazette freelancer Mark Cardwell and CTV’s John Grant, suggesting that only a settlement with the bank would stop him from performing this dangerous operation.

Bédard is clearly trying to use the media (and doing so effectively with a good news hook) to influence the outcome of his case. But unlike those consumer advocate segments where grandma gets reimbursed her $50 fee error, I doubt the National Bank is going to walk away from a six-figure legal case.

The legal precedent of the case is interesting. In essence, Bédard deposited a $1.5 million cashier’s cheque (which is a cheque guaranteed by a bank) into an account at another bank. He then sent some of that money overseas before the bank realized the original cheque was forged. (Sound familiar? Yeah, it’s the old overpayment scam) The bank was out $179,957.67, and sued Bédard.

What sets this case apart from other similar scams is the use of a cashier’s cheque or bank note, which is guaranteed by the issuing bank. As such, it’s usually cleared immediately and is considered as good as cash. That’s what happened in this case: the bank cleared the cheque and Bédard assumed it was genuine. The judge dismissed the case because the bank accepted the cheque (and because Bédard clearly wasn’t trying to defraud them). The bank is appealing:

“It’s not the money, it’s the principle,” said the bank’s lawyer, François Viau, a partner with the Montreal office of Gowlings, Lafleur, Henderson. “If the ruling prevails, banks would have the burden of verifying bank drafts against the issuer.”

That, he added, “defeats the very idea of a bank draft.”

That’s true. But for a bank to suggest that it shouldn’t have to verify bank drafts before releasing funds is just as silly. Either it has to be treated like a regular cheque (frozen, verified and then released) or like cash (checked for obvious signs of forgery and immediately redeemed). They can’t have it both ways.

UPDATE (Sept. 22): Letter-writer Sheryl Keeble points out that those in desperate need of a new kidney aren’t finding this funny, and that perhaps simply declaring bankruptcy would be preferable to getting third-rate doctors to harvest your organs for a few pennies.

Cyberpresse bloggers shutting up

One of La Presse’s unions has sent its members a notice asking them to stop blogging on Cyberpresse as a pressure tactic. As a result, bloggers Sophie Cousineau and Marie-Claude Lortie have stopped their blogs with notices explaining why. Both are regular columnists who will continue their columns as usual.

Unaffected by this is star blogger Patrick Lagacé, who explains that he’s under a specific contract to do his blog (unlike other journalists who blog as part of their regular journalistic duties). Tristan Péloquin has a post about it as well, but it’s unclear if he’s stopped blogging or he’s just pointing out the situation.

The local union news blog has more details on the situation.

This isn’t the last we’ll see of this. Employees at the Journal de Montréal are already arguing over online rights to their articles. And as media outlets start expecting journalists to blog, shoot video and do other “online extras” as part of their regular duties (and without extra compensation), we’ll be seeing a lot more of these kinds of disputes over the next few years.

UPDATE: Heri and Steph have some interesting comments on the issue, but they seem to miss the main point: Unionized employees are being told to perform duties outside of their collective agreements, and for no additional compensation. Say what you want about Cyberpresse’s approach to blogging, but these aren’t personal blogs being updated out of the kindness of their hearts. It’s work, and employees deserve to get paid for it.

Mike Boone LIES!

Hey, remember back when Gazette columnist Mike Boone was having problems with Sympatico Internet, and because he talked about it in the paper, he got a call from a VP in Ottawa to give him special treatment?

Recognizing that he was obviously getting better service because he was a newspaper columnist, and that prevented him from pretending he was like the rest of us, he promised not to take advantage of it next time he had a problem:

I still have the phone number of the guy in Ottawa who QBed the rescue effort. But as a gesture of solidarity with all the other schmos, I’ll report any future problems to Sympatico tech support – with one small adjustment.

“Next time you call, press 1 right away to choose French,” a neighbour advised. “That way you get connected to a techie in Canada.”

Well, less than two months later, it seems he’s gone back on his word, using the number to short-cut his way to a solution after the common-folk customer service people scammed him into paying Apple to diagnose a non-existent software problem.

I gave up. When I wrote a column, in July, about the nightmare of trying to set up the wireless system that Sympatico sold me, I got a call from the office of the vice-president of customer relations.

They arranged for a house call.

After some initial difficulties owing to unfamiliarity with Apple, the technician got me up and running.

I kept the phone number of the Sympatico’s VP’s office. When I called about my latest nightmare, they promised I’d hear from a senior technician that evening.

To Boone’s credit, he didn’t reach for the Special Treatment Number right off the bat, and the resulting grossly incompetent service gives him plenty of fodder for another column. But it’s hard to think of a columnist being one of us when that magic VIP lifeline is available to him to use at his convenience.

UPDATE (Sept. 24): Letter-writer Ruth Taylor, who had a similar problem, blasts Boone for taking advantage of his journalist status. She asked for a “Mac specialist” as Boone’s column suggested, but got nowhere. Unlike his gold-plated solution, she had to pay her own techie to diagnose her problem.

Want to get on TV? Try just asking

Some elements of the local blogosphere are talking about Marc-Olivier Vachon, co-founder of car-pooling website Amigo Express, who has put up a video of himself begging to be on Tout le monde en parle so he can profit off free advertising for his company meet Guy A. Lepage and talk about the environment. He’s even created a Facebook group for his campaign.The video is ambitious, and it half-succeeds at its attempts to be funny. Chances are it’ll get enough traction as a self-marketing technique that Vachon will get his wish. But Lepage will probably be more interested in his viral video campaign than his carpooling service. There are, after all, plenty of carpool and ride-share websites available to Montrealers.

MédiaMatinQuébec: Changing the face of labour stoppages

This blog supports MediaMatinQuebec

On the occasion of MédiaMatinQuébec’s 100th edition, blogger Tetoine is encouraging bloggers to show support for the Journal de Québec employees’ alternative paper.

Since the workers at the Journal were locked out (or began striking in sympathy for locked-out workers) in April, what might seem like a simple labour disruption has truly taken on a life of its own. The workers, who wanted anything but picketing outside the offices of the paper where no one would see them, started their own paper, giving it away free.

In the months since, the Journal has been trying to use the courts to shut MédiaMatinQuébec down, claiming that it’s disloyal of striking employees to start their own paper. Quebecor lost that battle last week.

To keep the Journal running, management has been running wire copy, unedited press releases and stories from the Journal de Montréal (despite objections from the journalists writing them), and producing the paper with the help of 14 extra managers they suddenly decided to hire just before the contract expired last year. (The employees won a case last month getting four employees declared “scabs”) To show how seriously they take this matter, they also cancelled employees’ subscriptions to the Journal and banned MédiaMatinQuébec from what few stores they control.

The workers, meanwhile, have been busy. Producing a free paper every day hasn’t been easy or cheap, but they’ve been getting a lot of financial and moral support from labour unions, politicians (PQ, NDP) local businesses, fellow journalists, and of course the Quebec City reading public. They’ve handed out millions of copies, and launched a website at mediamatinquebec.com. They’ve even started stealing away advertisers.

But when it comes down to it, the only real winner in all this is Le Soleil, which is taking advantage of the strike to position itself as the Quebec City paper, and starting to recoup some of the readership it lost to the Journal after Le Soleil’s workers went on strike 10 years ago.

I don’t necessarily blindly support the workers in this case, and I certainly don’t support the Journal. But it’s hard not to be impressed with what’s been done and how they’re still going five months later. Stoppages at transit authorities and cemeteries stopped only after threats from the government. Since the populace doesn’t care much about a paper not producing original journalism, this stalemate looks like it could go on forever.

So long as organized labour keeps funding MédiaMatinQuébec and puts food on its employees’ tables.

For more details, consult this timeline of events.

Vinismo leaves an odd bouquet

Roberto Rocha today looks at Vinismo, the wine wiki which was first presented to the masses at DemoCamp Montreal 3. (See the video)

Co-founders Evan Prodromou and Nicolas Ritoux (who naturally both blogged about the article) have been selling the site trying to get some publicity (even to the point of emailing me and asking me to blog about it). I haven’t blogged about it for the simple reason that I’m not a wine critic. I don’t even drink the stuff. I have no clue what makes a good wine, so I have no idea if it needs a wiki.

But what I do know leaves me a bit skeptical. Wine criticism is a subjective thing, and trying to build a wiki around things people disagree about is a recipe for disaster. Of course, if anyone could make it happen, it would be Evan Prodromou, who built up the successful Wikitravel.

When it comes to wikis, Wikipedia is king. It’s the one everyone knows about, and the main reason other people think wikis will be successful. But it also means people are going to go there first. So to create a non-Wikipedia wiki, you need to fill a niche that Wikipedia can’t or won’t. And that’s tough.

There are three main reasons why information would be rejected from Wikipedia and it would make sense to build another wiki database of information:

  1. The information not encyclopedic in nature. This leads to things like WikiHow (the how-to guide), Wikitravel, A Million Penguins (the collaboratively-written novel) or WikiNews.
  2. The information is too obscure or too technical even for Wikipedia. It takes quite a feat to get information that specific when Wikipedia has over 2 million articles on subjects like Simpsons pop culture references. Nevertheless, this leads to such oh-my-god-get-a-life websites as Memory Alpha (the Star Trek encyclopedia) and Wikispecies. Wikispecies, which has more serious goals, also fits into this category.
  3. The information is subjective, biased or fictional. Conservapedia and dKosopedia fall into this category, as does Uncyclopedia (the parody encyclopedia).

If it’s #3, then there’s the problem of how people can trust it and how to avoid edit wars. #2 might make sense if there was a lot more than articles about wines, which are surely allowed in Wikipedia, and it will take quite a while for it to develop enough articles to become the default resource on the topic. And if it’s #1, then comes the question: What is it, exactly?

I hope the website does well. And if it stays out of the trap of becoming a simple subset of inferior Wikipedia articles, then it probably will.

Language police do good for a change

The Office québécois de la langue française has recently announced a deal with video game manufacturers concerning providing French-language games in Quebec. It will require, as of April 2009, that all games with a French equivalent sell that version here if it wants to sell and English version.

The deal, reached after months of discussions, is fair, reasonable, practical, and common-sense. It protects the rights of French consumers while limiting inconvenience to anglophone ones.

The OLF did this.

No kidding.

Hopefully this is just a first step in a change toward positive, realistic actions designed to promote the French language instead of restricting the rights of non-francophones.

I got your stocks right here

Last week I wrote about how The Gazette was trimming its Saturday stock listings because nobody actually reads them and they’re a massive waste of space.

In the post I criticized the paper for pointing to the Financial Post for stock information instead of creating its own stock pages online.

Today, it announced it was doing exactly that, and had created a Gazette-branded mini-website for stock information.

The individual pages are simple, comprehensive, clutter-free, and have a big Gazette logo at the top. That’s a very good start.

Kudos.

A bicycle path isn’t the end of the world

Store owners are greedy. It’s hard to blame them, since the business they do is directly proportional to the money they get. A few slow weeks could put them out of business.

But the store owners are very pro-car. They want parking spaces. And when those spaces are taken away for reserved bus lanes on Park Ave., expanded sidewalks on Decarie Blvd., or a bike path on de Maisonneuve Blvd., they start screaming bloody murder. No thought is given to the idea that increased public transit might compensate for the loss of parking spaces, or to the idea that beautification of the area might encourage pedestrian traffic.

Instead, we get sky-is-falling exaggerations like this one:

“It could turn downtown into a ghost town,” he warned.

Really? A ghost town? When has a bicycle path ever turned a metropolis’s downtown into a ghost town?

“It’s an open-air shopping mall and people, especially higher-end customers, want to get there by car.”

“Who wants to go to a high-end restaurant by bus or by métro?” Parasuco asked.

Oh. Think of the embarrassment that would ensue if a high-end customer had to take – gasp – public transit!

Or they could just take a cab.

The problem with downtown parking is already there. People with cars go to Wal-Mart and Loblaws where ample parking is available. They park at strip-malls and go into the stores there. A trip downtown means circling for half an hour looking for a space at a meter.

The solution to this problem isn’t to encourage more cars, which is an entirely unsustainable idea. It’s to encourage public transit, walking and cycling as alternative methods of getting around.

Turn downtown into a pedestrian haven, and suddenly people are walking around doing a lot of shopping.

UPDATE: The Gazette agrees with me. And so does letter-writer Kim Smart.

I can’t pay my bills, and I’m cranky

So I’m trying to pay my monthly bills tonight, and boy is it needlessly complicated. You see, I tried going to my bank’s website and logging in like I do every month, but they’re having “internal server problems”, so I’ll have to wait.

So I went to the Rogers website, where my cellphone bill has to be paid by tomorrow, and tried to login there so I can pay by credit card or something. But the site wouldn’t accept my password, and then locked my account. I tried calling them to have the account unlocked, but they’re experiencing a “higher than normal volume of calls” (at 11:30pm!), so I gave up after a few minutes.

So instead of paying my bills, I’m going to criticize Rogers on their email policies. And since I’m particularly cranky, I’m going to be harsh.

Last month, I was forced to sign up for online billing because that’s the only way Rogers will provide me with a log of what calls I make. (Actually, they don’t. Every time I try to download this log, it shows me a blank page.)

So this month, instead of a letter in the mail with my bill, I got an email that looked like this. Here’s the problems:

  • The shortcuts for “forget your password” and “forget your id” are www.rogers.com/forgot and www.rogers.com/forget respectively. And that’s not a mistake. A past-tense forgetting is about passwords, and a present-tense forgetting is about IDs.
  • The first link, to check out your bill, says www.rogers.com but actually links (in the email) to a page at www.shoprogers.com. A link that gives one domain and actually leads to another is a textbook example of a trick used in email fraud. How am I supposed to know shoprogers.com is owned by rogers.com?
  • The email does not use your name or any identifying information about you other than your email address and an internally-generated 9-digit account number.

This doesn’t inspire confidence.

Here’s your moment of Zen

A small brief tucked away in the business section rewrites this press release announcing that The Gazette has reached an agreement with a company called ZenData Marketing.

Never heard of them? Neither have I. They’re a local company whose website is high on the marketing-lingo-to-useful-information ratio (“dedicated to excellence”, “Integrated e-relationship marketing strategy (working in synergy with other elements of your marketing mix)”, “implementation of technology solutions”, etc.). Their staff seems to consist of two guys and a computer, and they’ve issued a whopping six press releases since they began a year ago.

The agreement (at least as much of it as my non-marketing-educated puny brain can decipher) will make ZenData responsible for spamming our inboxes creating “e-relationships” via email, and generating “return on investment” for the paper, as well as automating some processes I’m shocked aren’t automated already.

Hopefully this will mean I don’t get angry emails and popups every month angrily telling me my subscription has expired and to buy a new one when I have it set to automatically renew every month, and then a day later getting a thank-you email telling me my subscription has been renewed.

Want stocks? Read another paper

A few months ago, The Gazette asked some of its readers about the stock listings in its business section. Every Saturday, it takes three whole broadsheet pages to list everything in the Toronto Stock Exchange, as well as important stocks in the NYSE and NASDAQ, currency markets and a bunch of other stuff. Tuesday to Friday, it’s just the highlights on a single page.

Expectedly, most of the respondents said they have little to no interest in the listings, printed in an impossibly-too-small-to-read font. Anyone with enough interest in daily stocks is going to go online to search for that information anyway.

As a result, starting next Saturday, the Saturday listings will be the same as the Tuesday to Friday ones, consisting of a single page.

This just plain makes sense. Newspapers need to maintain commonly used reference information like movie listings, but stock prices that are obsolete mere hours after they’re printed are kind of a waste of paper. And these two full pages can be better used producing editorial material.

One criticism however is in The Gazette’s note to readers, which points them to the Financial Post’s website (which doesn’t make it obvious where I can get individual stock information). I realize everyone knows that CanWest owns both papers, but would it have been really hard to create a page on the Gazette’s site for stock listing information? It’s just a matter of changing the logo at the top.

Google the wires

Speaking of wire services, Google News, which used to be an aggregator of news content with links to full articles on their original sites (and for some reason annoyed content owners who I guess don’t want traffic from the biggest website on Earth), has come to an agreement with Associated Press, Agence France-Presse, Canadian Press and the U.K. Press Association to host wire stories on its site (as evidenced by that CP story hosted on Google).

The result of this is that when you see mention of “Canadian Press” or “Associated Press” in Google News results, that link will take you on a page at Google instead of some cheap generic small-market U.S. network TV affiliate who just republish unaltered wire copy online.

What it doesn’t mean is that you will be able to directly scroll the wires on Google. You still have to go through the Google News homepage. Fortunately there are other places that give you almost-direct access to unedited CP wire copy.

It probably won’t mean a huge deal, but you’ll note that wire copy on Google is much simpler and less ad-riddled than the places you’ll usually find it, which I think will lead to more people linking to stories off Google when given the choice.

I’ll keep my Hydro-Quebec nationalized, thanks

Hydro-Quebec

The Gazette today has an opinion by two rich-guys (only half of which is online) saying we need to privatize Hydro-Quebec, and that doing so would save our economy, provide better services, make Quebec debt-free, promote environmentalism, protect our children and program our VCRs.

Privatization is always promoted as the silver bullet. Because governments are big, bureaucratic monstrosities who don’t care about efficiency or innovation, replacing parts of it with the private sector is advantageous. Private companies are lean, mean, innovation machines who always make the right decisions, have no corruption and provide the best value to the consumer.

In some cases, it works. When the barrier to entry is low, customers are well-informed and competition is high, the promised benefits tend to present themselves, though never to the extent that is expected by economic theorists.

What’s unique about Hydro-Quebec in this situation is that the main problem these two guys see with the way it’s run is that prices are too low. Higher prices, they argue, would promote conservation and allow us to sell more energy to the U.S. and neighbouring provinces, who pay market rates for it.

This is absolutely true (and as Jay Bryan points out, lower prices help the rich more than the poor), but it’s an argument for a rate increase, not for privatization.

Public utilities are bad examples of industries to privatize because competition is extremely difficult. Creating an infrastucture network encompassing hundreds of thousands of homes (or, in the case of provincial utilities, millions) is a monumental challenge, and so these private companies have to rely on pre-existing networks. That means they have to come to an agreement with the companies that own the networks (e.g. Videotron for cable, Bell for telephones) and essentially become resellers, charging customers more than if they went with the original companies, and allowing the two to point fingers at each other when something goes wrong.

Of course, all this is irrelevant here, because these two economic giants aren’t proposing a competitive market. Instead, they propose to either simply sell Hydro-Quebec (creating a private monopoly, which is just plain stupid) or sell shares to parts of it (which would force them to turn profits over to investors instead of the government).

The other main argument is money: Hydro-Quebec is worth so much that selling it outright would completely erase the province’s debt and then some. We’d save billions of dollars a year on interest payments and be able to reduce taxes and increase services.

That’s a great argument, and particularly seductive, but we’re still selling the furniture to pay the rent. Getting cash now is fine, but if it ends up costing us more in the long run by having to pay through the nose to a private company for our electricity, then it becomes less of a good idea. Bryan agrees, pointing out that such a one-time payment isn’t very meaningful, because they’d lose a giant, profitable asset in the sale.

Finally, I’d like to draw attention to a particular paragraph which speaks to the heart of the privatization debate:

“With representatives of the new shareholders on the board of directors, maximizing the value of shareholders’ equity and selling electricity at the market price would lie at the core of Hydro-Québec’s mission.”

In other words, private interests would be concerned only with the bottom line, and willing to bend any envelope to get there. Whether it’s outsourcing to China, cutting customer service, using independent contractors with the lowest bids (so you can wash hour hands of the situation when it’s inevitably discovered they’re scamming people), hiking prices or cutting off those who aren’t profitable, the private sector will try to squeeze as much money as possible from customers for less and less service.

It sounds great on paper, but in practice it’s just a waste of time and frustration.

UPDATE: Le Devoir recrunches the numbers, and concludes that selling off Hydro would be a really bad idea.