Thunder Bay Business May 2012 colour

Wayne Toyota DealershipExpands To Serve Customers

Better!See Pages 9-12!

Condo’s & Hotel Move OneStep Closer at Prince Arthur’s

LandingSee Page 4

NorthwesternOntario Mines and

MineralsSymposium

Continues to GrowSee Page 2

2011/2012Construction Projects

In Thunder Bay WeHighlited

Condo’s & Hotel MoveOne Step Closer at

Prince Arthur’sLanding

Canada’s Minister ofNatural Resources In

Thunder Bay

Northwestern OntarioMines and Minerals

Symposium Continuesto Grow

The Long Weekend byNorm Foster at

Magnus Theatre

TYCON CONSTRUCTIONINC.-READY FOR

MINING SITEDEVELOPMENT!

May 2012

Each spring geologists and others involvedin the mining business come together inThunder Bay to talk about their industry.

This year’s event reflected the buoyant feelfor the mining industry in NW Ontario.

“ The show is bigger again this year. Wehad 440 preregistered for the show, themost ever, which includes exhibitors as wellas walk in crowd. There are 96 booths and

32 speakers. We have people here from allover Canada and the US as well as a couplefrom Australia. Our show is similar to howthe Toronto show started in the 40’s or 50’s.These regional shows are really focused onthe smaller area while Toronto focuses onthe world.” said Gary Clarke ExecutiveDirector of the Ontario ProspectorsAssociation, and a graduate geologist fromLakehead University.A major topic area of NW Ontario mining

is the Ring of Fire and the other is there hasbeen a lot of gold mineralization defined inthe area according to Clarke. “ The gold has been known but nowdefined. The price of commodities has a lotto do with that as we can look at lowergrade gold deposits and spend more moneylooking. The more you spend on explo-ration the more you find. There are greaterthan 25 million ozs of gold defined now.Gold is priced extremely high compared toa few years ago.” said Clarke.

Given all this interest in mining in NWOntario can we expect mines to grow innumber. “ I think you will see all these min-ing projects move forward - the Atikokan,Dryden, Rainy River, Beardmore andGeraldton areas will all move ahead and seeif they are economic. The Ring of Fire justseems to keep moving along. It will take a

while but they are still spending lots ofmoney there. Musselwhite continues to go.Lac Des Illes keeps expanding and we aregoing to add some more. The project out ofMarathon, Stillwater, is continuing to getgoing and it looks like they have securedsome financing so it looks good,” saidClarke. “ This will create a lot of activity inNW Ontario with a real focus on ThunderBay as a jump off point for the contractors,suppliers and employees who may be basedhere. In my eyes it is similar to the SteepRock development in the past at Atikokan.It was huge then, a world class deposit anda world class engineering feat to get at theore.”An interesting exhibitor at the

Northwestern Ontario Mines and MineralsSymposium was Photonic Knowledge fromRosemere, Quebec

This high tech company offers a newapproach on site to reviewing drillingresults. “ We take any kind of mineraliza-tion and offer analysis of to 1500 meters ofcore per day, giving the results on site to theclient. It is hyperspectral technology,” saidYves Jodoin, Director of Sales &Operations. “ The geologist uses the servicebecause we have very fast and accurateresults on site. Time is money so it helpsthem to make faster decisions as well asplan their next hole. It will also help themin choosing the right samples to send to theassay lab and helps taking subjectivity outof logging. They want to make sure the nexthole hits and this will give them rapidly afast view in a 3D model. Drilling a holewill cost between $100 to $200 per meterand you want to get good results. The holesrange from 50 to 2000 meters in depth butaverage 200 to 400 meters. The results atthe lab can take 4 weeks to 3 months. Weoffer speed and accuracy with our mobilelaboratory.”

PAGE 2 THUNDER BAY BUSINESS MAY 2012

Joe Oliver, Minister of NaturalResources for Canada was in ThunderBay to speak at an informal luncheon.His presentation was an outline ofBudget 2012 and Canada’s need forresponsible resource development.Minister Oliver underscored the impor-tance of the country’s natural resourcesto the economy, with a spot light onOntario and talked about Canada’stremendous growth opportunity to capi-talize on natural resource development tostimulate jobs and growth.

“ The global economy remains fragile.Canada can face the challenge with aconsiderable position of strength.Canadian entrepreneurs have proven upto the task time and time again. Our eco-nomic action will provide all the oppor-tunity to succeed. Our key measures areinvestments in science and technology,modernizing Canada’s regulatory system,opening markets and encouraging inter-national trade, improving the infrastruc-ture, connecting unemployed Canadiansmore quickly to jobs, supporting FirstNations education with schools, attract-ing immigrants with skills needed in oureconomy and achieving savings on feder-al spending.”

Canada’s Minister of Natural Resources In Thunder Bay

Northwestern Ontario Mines and Minerals SymposiumContinues to Grow

BY SCOTT A. SUMNERThunder Bay BUSINESS


Side: Gary Clarke Executive Director ofthe Ontario Prospectors Association

THUNDER BAY BUSINESS MAY 2012 PAGE 5

2011/2012 Construction Projects In Thunder BayWe Highlited

Thunder Bay has seen lotsof positive activity in thelast 12 months since our

construction issue of May2011. I think the next year

will bring many moreexciting projects coming

on stream!

Northern Credit UnionNew Branch

Isabella Retirement Living

Global Sticks

Mongo’s Grill

Confederation CollegeReach Building

TBRHSC Second CardiacCatheterization Lab

Lakehead University

Braun BuildingRenovations

RBC Royal Bank BranchArthur & Ford

Dr Ash Mohkatari Dentist

Queen Elizabeth PublicSchool Apartment Project

Touch Unwired NewLocation

Avenue Dental On Victoria

CIBC Branch RenovationsMemorial

District Of Thunder BaySocial Services

Administration BoardBuilding

EMS Building

Wequedong Lodge

Dr Ash Mohkatari Dentist

Queen Elizabeth PublicSchool Apartment Project

Touch Unwired NewLocation

Avenue Dental On Victoria

CIBC Branch RenovationsMemorial

District Of Thunder BaySocial Services

Administration BoardBuilding

EMS Building

Wequedong Lodge


2011/2012 Construction Projects In Thunder Bay WeHighlited

© 2012 Brian Babcock

Fairness and transparency remain the hall-marks of construction tendering or publicprocurement. However, courts remainreluctant to push the boundaries of theseconcepts to recognize a general “duty tobargain in good faith” especially in theprivate sector.

The tendering process replaces negotia-tion with competition. This competitionis fair only if the owner is required NOTto accept a non-compliant bid. From there,judges have generalized that an obligationto treat all bidders fairly and equally isnecessary to protect and promote theintegrity of the bidding process. This ben-efits all participants involved, by makingthe bidding process effective and efficient.

Some confusion about this was created by

a 2010 Supreme Court of Canada decisiondealing with a highway project whichappeared to blur the line between tendersand requests for proposals. Subsequentdecisions however have focussed on theimportance of the particular facts, espe-cially the bid documents, and the intentionof the parties. The course of dealings and

the documents, not from the after the factpositions asserted by the parties are wherejudges look to determine the intention.

Whatever the title on the bid documents, itis the process that matters in determiningrights. “Fairness” and “transparency” arenot magic words which disappointed bid-

ders can use to get a do over. A duty ofgood faith, or other contract remedies,requires that there be a contract. In ten-dering law, the usual indications that thereis a duty of fair dealing include:

• A formal biddingprocess

• A requirement that bidsbe irrevocable for a period of time

• A requirement of bidsecurity

• The request for tenderdocument sets out specific terms of therequest and a procedure for assessment ofbids

Where a contractual obligation is notfound, an unsuccessful bidder may stillfind a remedy if there is a misrepresenta-tion, deceit or fraud. So, if a company isasked for a price and told that it will be thesole supplier, and their price is reallybeing used to negotiate with another sup-

plier, damages may be ordered. This isanother route by which courts can protectbidders, and maintain fairness in the bidprocess.

Weilers has a 65 year tradition of draftingtenders, advising owners, bidders or con-sultants and, when necessary, litigatingabout procurement issues. If you havequestions about your situation, maybe wecan help.



LegalMatters

Fairness Transparency and Good Faith in Tendering

By Sherry AaltoWith all the industrial activity that is nowonly commencing in Northwestern Ontarioand region for mining development,Shannon Campbell, owner and president ofTYCON CONSTRUCTION INC. ThunderBay, Ontario, has readied his business inpreparation for what we all seem to havecome to accept as inevitable- that is, min-ing is going to be the next big industry inNorthwestern Ontario. As the mining industry ‘start-ups’ are justaround the corner, preparation for actualmining operations, require land site devel-opment, which involves road construction,tailing ponds, digging for the installationof water lines and hydro poles and many

other site preparations that are mandatoryfor safety and efficiency for operations. Heavy equipment, skill, knowledge andmanpower are the main components for asuccessful site development constructioncompany to possess. “We are ready withthe best in heavy equipment and operatorsand have successfully constructed sitedevelopment to spec, on time and on budg-et!” says Shannon Campbell, president ofthe construction company. The construc-tion company, which has been around formany years, saw the growing need formining site development long before activ-ity for this industry was really becomingnoticeable.Mr. Campbell, who grew up in the con-

struction industry with his father, has formany years, owned his own company andknows the business of construction forland site development very well. Havinglived and worked in Northern Ontario allof his life, doing everything from installingdriveways to working and living in loggingcamps, this can only lend an authenticunderstanding of the raw landscape and theenvironment involving materials andequipment required for each land sitedevelopment. As Mr. Campbell states, “Notwo jobs are ever the same, nor shouldthey be treated as such!” Construction of everything from roadbuilding into mining camp sites for devel-opers road for municipalities, digging and

capping tailing ponds, tailings rehabilita-tion project, environmental rehabilitationprojects, which is a big concern these daysand involving millions of dollars, demoli-tion and demolition clean-up, to privateresidential projects, Mr. Campbell,TYCON CONSTRUCTION INC. hasdelivered!Excavators, tri-axle dump trucks, floats,bulldozers, backhoes, packers, screenplants are just some of the equipment andinventory Mr. Campbell has to have at hisdisposal. “In any business, if you want tostay competitive, you always have to havethe right tools for the job ready to go,!”and TYCON CONSTRUCTION INC.seems to be holding true to that old adage. Road building and land site developmentfor mining is the focus of the companyright now that will help the company andthe industry grow, but everyone else, nomatter it be commercial or residential isequally important and as Mr. Campbellsays, “We are happy to provide anyone wecan with service they deserve!” The com-pany has formulated effective divisions ofoperation...Heavy Civil/Commercial,Residential and Concrete Installation. Mr.Tyler Campbell (son) will head upResidential and Light Commercial Projectsand Mr. Shannon Campbell (owner) willhead up Heavy Civil/Commercial andIndustrial Projects. TYCON CONSTRUCTION INC. diverse-ly offers - property development, backhoeservice, weeping tile, septic installationand service, landscaping, snow plowing,top soil, sand and gravel, road construc-tion, site development, driveways, asphaltand concrete removal, demolition, treestump removal, basement leak repair.

CALL NOW FOR TO DISCUSS THEDETAILS OF YOUR PROJECT.FIRST RATE QUALITY/COMPETITIVEPRICING


TYCON CONSTRUCTION INC.-READY FORMINING SITE DEVELOPMENT!


Continued From Previous Page“ We have the full line up with Toyota

as a full-scale manufacturer from subcompact to full sized trucks. We have avehicle for every purpose,” said WayneMarostica who has been a director of theOntario Dealers Association for the last 6years and knows the overall automobileindustry well.

“ I think the Toyota brand is great andwe have a great customer base. ThunderBay itself has gone through struggles butI think it is coming back quite nicelywith the medical area, mining and educa-tion. The Ring of Fire is bringing inmoney to the economy. Thunder Bay isdefinitely not shrinking and we will bestrong as we move forward,” saidMichael Marostica. “ At Wayne Toyota we will have nowhave more inventory which will allow usto sell more vehicles. I think the experi-ence people will feel when they comeinto the new dealership will help sales aswe more forward and service our cus-tomers. That is the most important thing.You are only here because of your cus-

tomers. We built a facility to help withthat.”

The new Wayne Toyota is a state of the

design for Toyota in 2012 that allowsyou to instantly recognize them as a

Toyota dealer. “ It is all done for our cus-

tomers. We are doing it for the customersbut we couldn’t have done it with out

them. We are moving forward because ofour faith the community is going to growand our faith in our customers.” saidWayne Marostica.


Wayne Toyota Dealership Expands To Serve CustomersBetter

Above: Wayne Marostica, Michael Marostica and Jodie Krupa of Wayne Toyota

THUNDER BAY BUSINESS MAY 2012

It took several years for the WayneToyota dealership expansion to take

place with a lot of planning. CoryStechyshyn is a partner with FormArchitecture Engineering and worked onthe design of the new Wayne Toyota.

“ Wayne Toyota basically out grew

their space and needed to conform to theglobal imaging of Toyota. Omni Planfrom down east is an automotive plan-ning company that developed the corpo-rate image for the facility and then wetook that image and amended it to workwith the site and the existing building toallow them to make their services work

as they would like,” said CoryStechyshyn.

“ Wayne Marostica is extremely awareof energy efficiency and we over insulat-ed the building above what the coderequired which is good and they shouldfeel it with reduced energy costs forheating and cooling. The envelope of abuilding is very important with energycosts today,” said Stechyshyn.

“ The new building is very well posi-tioned on the lot in their location andWayne Toyota are here to stay for a longtime bringing themselves up to date ifnot ahead of the times for dealershipstoday. They were even able to includesome new tiles and other products justbeing approved by Toyota for theirlook,” said Cory. “ Wayne and Jodywere involved for 2 years prior to us. Wetook the original plan from Omni Planand shaped it to the site and then Toyotareviewed it. We did some materialchanges to make a more northern state-ment by adding some stone around thebase to give it more durability and tostand up to the weather.”

“ The builder, Les Fairall, is very reli-able and knowledgeable and resolvedeverything with the trades with less ofour involvement. He was able to movethe trades around to allow Wayne Toyotato remain open, dealing with the publicduring the construction,” said Cory. “We are proud of the work. It was a greatproject to be involved with and turnedout really well.”

Wayne Toyota Dealership Expands ToServe Customers Better


Thunder Bay Business May 2012 colour

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