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Page 6 OctOber 23, 2017 • Law times www.lawtimesnews.com COMMENT u EDITORIAL OBITER By Gabrielle Giroday Petty position T here's an old adage: If you argue for your limitations, you get to keep them. I was reminded of this phrase recently as controversy trickled up about a statement of principles lawyers will be required to sign. The issue is, admittedly, complex. All licensed lawyers and paralegals will be required to write and sign a statement of principles acknowledging their obligation to pro- mote equality, diversity and inclusion. For some, this feels insulting, controlling or overbearing and is tantamount to having their thoughts policed. It pains me to say those complaining about this requirement are, in some ways, technically correct and the requirement may slightly overstep in terms of requiring people to adopt and abide by the prin- ciples, without more detail on how such goals can be implemented. Therefore, the document's detractors are correct: Requiring people to have a statement of principles will not mean people actually work to promote diversity. People don't like feeling forced to do things. However, the spirit of the document persists — issues around di- versity in the profession (which are, in my view, very well placed) have never been under closer scrutiny. Therefore, those kicking up a fuss about ticking a box are choosing to complain about a process that takes minimal time and minimal effort. How I wish they had taken the time to complain about this to improve diversity within their own firms or listen to other lawyers' experiences, as well as foster more positive, open dialogue about how to improve the situation. People are allowed to take stands on issues that matter to them. But if history has taught us anything, it's that listening to others should be the first step. An insurrection of a me-first attitude is depressing, dis-spiriting and, frankly, makes the profession look petty. For shame. For absolute shame. LT ©2017 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written per- mission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reli- ance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. 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Karen Lorimer Managing Editor . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . . . . .Alex Robinson Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . Leah Craven Art Director . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . . . . .Catherine Giles Electronic Production Specialist . . . Derek Welford Where does subsidy begin and end? BY IAN HARVEY T oronto Mayor John Tory is mak- ing a valiant pitch to entice web commerce giant Amazon to lo- cate its second headquarters in his backyard, but the odds are stacked against him and Ontario's own bid. Still, the bidding war for the $5-billion investment and the 50,000 attendant jobs raises questions about trade fairness and government subsidies. It's all the more pertinent in light of the 220-per-cent levy imposed on Bom- bardier by the U.S. Commerce Depart- ment after rival Boeing complained gov- ernment subsidies enabled the Quebec manufacturer to dump product below market in a deal with Delta Airlines for its C-series jets. The point really, however, is not whether those subsidies, enticements or facilitations are legal or even desirable but to recognize that everyone does it and so will Ontario and Tory in vying for Amazon's nod. Some 50 municipalities are compet- ing for Amazon's attention, including Calgary, Edmonton, London and Ot- tawa. Amazon boss Jeff Bezos is a genius because cities are falling over themselves for the prize. Doubtlessly, there will be tax incen- tives, generous offers of land (potentially free), promises of infrastructure and more. Certainly, in the three On- tario cities' cases, it will be with the help of the On- tario government, which has myriad programs under the InvestOntario program, though Ed Clark, who is heading the province's bid, says there will be no new money made available. However, there is the question of how does anyone compete when the playing field is constantly being tilted? Is Ontario's game plan doing enough not just to entice new enterprises but cre- ate a climate so that existing operations aren't tempted to migrate or expand south of the border? And is it nimble and dynamic enough to keep pace and adapt? The threat is here in our own back- yard. Last month, 1,200 Economic Devel- opment Organizations gathered in To- ronto in September for an annual confer- ence. Many of them were from the U.S. "They were from towns, counties, cities, hamlets and states from all over the U.S. here and no Cana- dian media coverage at all," says Martin Z. Rosenbaum of Rosenbaum & IBE LLP, a business and labour lawyer in Toronto. "They were talking about how to attract business to their locations," says Rosen- baum, adding that there are businesses in Ontario that are expanding to the United States because of incentives around real estate, taxes and more. "We're not talking about the Ama- zons or Bombardiers; we're talking small manufacturing or software developers." He says some of those EDOs are of- fering up to 25-per-cent reimbursement of payroll for the first few years and in- centives for sales offices for as few as five people. "They'll even pay for a recruiter to help you find the people," Rosenbaum adds. "And the incentives rise as you need more people." The upshot, he says, is that the fed- eral government tax changes and other changes wrought by Ontario's Bill 148 are feeding into those EDO pitches. "They're dis-incentivizing business in Canada," he says. "You can't treat Ontario like a bubble anymore. Places like Ohio and Michigan are snuggled up against our border and they'll even offer cheaper electricity." Rosenbaum says the evidence is right there in examples such as Procter & Gamble closing up in Brockville and moving to West Virginia. "This [incentives] has become an in- dustry in and of itself and we're sleeping here in Ontario," he says. "I go to these events and talk with these governors and how they're mod- ernizing their states and getting rid of inefficiencies to attract business and I'd love to hear something like that from our premier, Kathleen Wynne." So, one must ask why there's an attrac- tion to the Bombardiers and Amazons. As Rosenbaum notes, small and mid- sized businesses are just as important in the bigger picture and probably require fewer incentives. "Really, there are no small businesses, only small minds," he says. LT uIan Harvey has been a journalist for more than 40 years, writing about a di- verse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. Queen's Park Ian Harvey

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