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RioCan’s Edward Sonshine

January 23rd, 2011 1 comment

In a city full of fancy restaurants and with the promise of a free lunch dangling before his eyes, all Edward Sonshine wants to do is eat at The Keg.

There’s nothing particularly unique about the midtown restaurant, and that’s the point. It’s the same as all the others in the chain, from the surprisingly dark dining room to the little basket of piping hot bread covered in a black napkin.

Read the story in the Globe and Mail

It’s an obvious choice for Mr. Sonshine, the chief executive officer of RioCan Real Estate Investment Trust, who has spent the past 15 years developing giant outdoor shopping malls in suburbs across the country. His huge personality may help him stand out amongst Canadian CEOs, but his business is all about doing the same thing over and over.

“This is a good place,” he says as he waits for his transition-lens glasses to lighten up. “I know what to expect, you know?”

Mr. Sonshine started RioCan in 1994, a difficult time to convince anyone that investing in real estate was a good idea. Property values crashed through the early 1990s, and the large power centres that now dominate Canada’s retail landscape had yet to gain a foothold in Canada.

“You’ve got to appreciate that even what we went through here in 2008 and the beginning of 2009 was a walk in the park compared to what the real estate industry went through in the early 1990s,” he says.

Further complicating things for the ambitious lawyer-turned-developer, his company’s decision to set up as a REIT confused many investors who were not yet familiar with the corporate structure that sees the rent generated by properties paid back to the company’s unitholders.

But after watching the nineties crash unfold from his position as executive vice-president at Counsel Management Services, he was convinced that REITs were the best way to recapitalize the struggling real estate industry (he was right – RioCan is now Canada’s largest REIT, with a market cap of $5.9-billion and assets worth $9.5-billion).

With RioCan’s backing, the large outdoor malls anchored by major retailers in huge warehouse-sized outlets that had been taking over the U.S. landscape in the late 1980s soon began appearing in the Canadian suburbs, defying the critics who suggested shoppers would never be willing to cross vast parking lots in the middle of winter when so many indoor malls offered warmer options.

“I spent the first three or four years going around knocking on a lot of doors explaining to people what a REIT was,” he says. “I was just looking at making a living. I was worried about bringing home groceries.”

He doesn’t worry about buying food any more. If anything, he worries about eating less. After examining the space between his stomach and the edge of the table, he somberly announces that he’ll be eating salad. It’s not as healthy as it sounds – it’s a sirloin steak salad with blue cheese dressing (served on the side, and then generously applied).

Investors will no doubt be pleased he’s taking care of himself – the company’s board just handed him another five-year management contract, a deal that will see him at the helm of an ambitious U.S. expansion drive that is looking to take advantage of the well-funded company’s ability to access capital.

Rumours of his departure have dogged him for years, and the contract was intended to squelch the speculation. The problem, he says, is a pension plan created about 12 years ago by the board that would only pay out if he served as CEO until he was 60. As 60 approached, many assumed he would quit the day his pension kicked in.

The board redrafted the contract, with an enhanced payout should he stay till 65. He’s 64 now, and the retirement rumours have started again. The board asked him to sign the new five-year deal late last year to stop the speculation.

“The truth is there’s nothing else I’d rather do,” he says, adding the new contract takes him to 68. “Am I going to start a new business? No. I’ve already built one – that’s enough.”

That does raise the question of succession – few Canadian companies are so identified with their CEOs. He heaps praise on the managers he’s hired to steer the company, as he tries to make the case that he’s just a team player.

“I don’t do much, you know,” he says. “I come up with the strategy. I do a lot of capital allocation. Oh, also acquisitions. And finance. We spend a lot of time talking about succession internally, and I work with a lot of the people that would be in line and a lot of that depends on how long I stay. Most people think I’ll stay forever, but I won’t.”

There are plenty of reasons to stick around. One is a long-considered U.S. expansion plan. The company spent $600-million in 2010, and plans to do the same this year. And of course, there’s the impending conversion of many Canadian Zeller’s locations into Target Corp. outlets. The deal hadn’t been announced yet when we sat in The Keg, though in retrospect he was definitely fighting an urge to spill the details. As one of Zellers’ largest landlords, he was likely one of Target’s first calls when it considered its northern move.

“It’s a good market up here and every American that’s ever come up has done very well,” he says, alluding to Target’s imminent arrival. “In the United States there’s really no new development, not really. There isn’t any. So where are you going to expand?”

Regardless of Target’s expansion plans, Mr. Sonshine sees an abrupt shift coming for the Canadian retail sector as more city dwellers move closer to their downtown jobs.

“We have to come up with urban formats because retailers are desperate to get downtown locations,” he says, adding one of the company’s projects is adding a grocery store to the second floor of a condo building in downtown Toronto. “Everybody’s recognized that endless suburban sprawl, even if the land exists, is bad. It’s bad environmentally and economically. You just can’t afford to keep building new infrastructure.”

He’s not relying on third-party accounts and market research reports about urban intensification – after 26 years of living in a sprawling York Mills home in Toronto, he’s bought a condo off Bloor Street and he and his wife will soon move in.

“It’s just the two of us rattling around in a pretty big house,” he says. “We don’t need to move but you know, the concept of living a more urban lifestyle is really what’s attractive.”

But the king of suburban retail development hasn’t gone totally green – the condo comes with four parking spaces. That’ll make any weekend trips to the big box stores that much easier.

“Power centres work,” he says. “At our larger centres, people actually will shop at one store, get in their car and drive over to the other side. We see it all the time. What can I say? People love their cars.”

Categories: National News Tags: ,

One Costly Crash on Hwy 401

January 18th, 2011 No comments

Published in 2006, Kingston Whig-Standard. Reprinted, without permission, for all those who say “you really wrote off two cars in one year?”  and also “You won an NNA cause you crashed a car?”

Joe Blanchard’s forearm is thicker than most people’s thighs, and that leaves a lot of room for ink. He has used the space to mock Death with a special tattoo.

The image is of a square-jawed gargoyle sinking its claws into a tombstone inscribed with two dates under the obligatory “RIP.” The first number is his date of birth, 05 09 66. The second, 05 13 06, is the day Death came calling and was rebuffed.

“Not yet,” he says, reading the block letters beneath the $550 tattoo. “Not yet. My mother loves that, that I got it in a tattoo.”

100_06551 It’s a strange tempting of fate from someone who is lucky to be alive.

Blanchard was injured in a Highway 401 crash in May. The crash almost killed him and five others, including me.

Thankfully, we – the crash participants – are all alive and mostly well.

Except for Blanchard, the participants were all driving east, and had just passed Napanee. I was coming home to Kingston from a 15-kilometre trail race in Dundas. Becky Katz, in her own car, was going to see the Oliver Jones Trio play in Brockville. Maureen Dillon, in a third car, wanted to get to her mother’s Kingston home early for a pre-Mother’s Day dinner.

It was a spring weekend, but Blanchard didn’t share our leisurely pursuits. He was throttling up the engine of a Volvo transport truck, as he pushed past another transport truck at a police-estimated 130 km/h.

He doesn’t remember much, except he came too close to another truck and then headed for the cement barrier. I remember more: I saw him coming upside down and sideways over the barrier.

My car hit the ditch. The truck’s bumper hit Dillon’s windshield. Katz’s car was hit with debris. Blanchard hit the highway – with his face.

•••

To the public, the emergency workers and the media outlets that received a news alert on the accident, it was a routine affair, just one of the 231,548 collisions that take place on Ontario roads every year.

The immediate costs were obvious within seconds; two cars and a transport truck were complete losses. Before we opened our doors to inspect the damage, we had taken a $160,000 bite out of the economy. Less obvious were the other expenses associated with this statistically average collision along the nation’s busiest stretch of highway.

The Whig decided to try to find out the true, total costs of the crash, one single mishap on the highway on one single day.

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There were obvious costs: a $70,000 truck was destroyed. But some weren’t quite so predictable: $2,500 to close a lane for repaving, for instance; $108 to pay the paramedics; even $550 for a commemorative tattoo.

I was told by Ministry of Transportation officials that the only way to know the tally for the misadventure was to figure it out for myself, because there were no recent statistical averages to reference.

Eventually, The Whig costed our accident at more than $170,000. There were 12,570 collisions on Highway 401 in 2004, the last year for which statistics were compiled. If each averaged the same as our seemingly minor affair, the cost to the economy would be nearly $2.2 billion.

Drive down any Ontario highway long enough and you’ll find a car in the ditch or propped against a guard rail, even though Ontario is one of the safest jurisdictions in North America in which to be a motorist.

In its most recent Road Safety Report, published in 2004, the Ministry of Transportation boasted that the number of people killed on its highways has decreased by 50 per cent since 1980. In 2004, the driver fatality rate stood at 0.92 per 10,000 drivers – the lowest number since the province began keeping records in 1931.

In our crash, nobody was killed. Instead, several of us joined the ranks of the wounded. That’s a club that had 33,483 new members in 2004, the last time data were compiled.

It costs Ontario taxpayers dearly to take care of those injured on the highways – the last time the province ventured an estimate it put the cost at $9 billion a year in 1999. The cost is shared between the insurance industry that represents drivers and the provincial government, which underwrites repairs and deals with medical costs.

In both instances, it’s coming out of your pocket.

It was evident Blanchard was the most badly injured the moment Jennifer Pritchett and I stepped out of my car and onto the highway.

We were on our way home from a trail race and cruising along quietly when she asked what was happening on the other side of the road.

A transport truck, minus the trailer, wobbled wildly in the westbound lane. Something bad was going to happen, but it was unlikely we’d see it because we were driving east.

We changed lanes, and the debris shower started. Blanchard’s truck smashed through the barrier, and large chunks of cement hurtled through the air.

Time slowed as we watched the cars ahead of us take the first wave of damage. Maureen Dillon, in the lead car, could only watch as the truck twisted and turned on its way over the divider.

“The bumper flew off the truck and hit my windshield,” she said later. “I thought I was dead as it was all coming at me.”

Her husband had just finished reading a book in the tilted-back passenger seat.

“It shot through and took the rear-view mirror with it while busting the electronics console,” she said. “It soared over his head to the back seat. It was lucky he was reclined or it would have blasted him in the face.”

Becky Katz’s car was also pummelled, though she was able to manoeuvre to the side of the road without being injured. Her car took less than $457 damage, but the dings were bad enough to warrant a trip to the body shop when she made it back to her Dundas home.

My Toyota Matrix didn’t have anti-lock brakes, and we went into a slide a millisecond after watching everything unfold in front of us.

My memory tells me we did a full spin before slamming into the ditch, but tire marks and Pritchett’s memory prove me wrong. Considering our 110 km/h and a skid of approximately 20 metres, we probably hit the ditch at 80 km/h.

A combination of luck and technology prevented serious injuries. Both airbags exploded as the car hit a cement culvert hidden in the reeds– it hit square between the front tires and likely prevented the car from rolling.

Airbags aren’t the soft pillows you may expect from seeing them deploy on television. They explode at approximately 320 km/h, and the sensation is something akin to being whacked with a wet bag of sand.

While Pritchett was uninjured, my wrist was badly burned as it rubbed across the airbag – think of a 320-km/h rugburn – and my arm was literally smoking as we sat in the car.

My shoulder was checked by a doctor at the Princess Street Greater Kingston After Hours Medical Clinic a month later because of a sharp pain that still lingers, but the doctor told me it was fine.

Remarkably, there is no way to know how much that wasted visit cost the health-care system.

“There is no formula to figure out the cost of a visit to a family doctor because the physicians bill under so many different schedules,” said John Letherby of the Ministry of Health.

My out-of-pocket health-care costs were minimal: $5.99 for some gauze and another $9.99 for some anti-bacterial ointment.

Looking down the highway, it was clear $15.98 wouldn’t be enough to patch up Blanchard.

As we stood on the shoulder of the highway immediately after the crash, it seemed there was no way anyone could survive in the crumpled heap of metal that used to be the front-end of a transport truck.

We were wrong; Blanchard was alive.

There was no traffic to worry about, since cars were already slowing behind the crash near mile marker 581, just east of Napanee. The line of traffic stretched at least a kilometre, past the Palace Road exchange. Exact science fails us when we try to calculate the indirect costs to those stuck in traffic. But the United States Department of Transportation can provide some guidance.

An average car is four metres long. We can leave a space between each car of a metre, which means you can pack 200 cars in that jammed one kilometre lane. There were two lanes.

The department estimates each person’s time is worth $16.33 an hour. That would mean those 400 people stuck in traffic, assuming they had no passengers, cost the economy $6,542.

You can take it further. The average vehicle burns 3.5 litres of fuel per hour. Assuming a gas price of 85 cents, those idling cars cut through $1,800 in gas money.

None of that was immediately interesting as we walked down the middle of the road toward the truck. Two people were crawling into the cab, one of them apparently a doctor. She was halfway into the truck’s cab, as her brother stood nearby anxious to help.

The truck was on its side. Blanchard was conscious and responsive, but the puddle of blood under his head and the nonsensical answers he provided to the most basic of questions were not good signs.

“I don’t remember anything,” he said three months later from his Brampton kitchen. “Maybe I remember somebody saying ‘Oh s–t, he’s alive.’ But that’s it.”

He likely heard the chatter of paramedics, who were called to the crash by OPP Const. Del Wannamaker. Wannamaker was one of the six officers who put in about five hours of work on the highway that day.

They were all-first class constables, which means a salary of $73,000 each. If you break it down by the hour, it cost Ontario taxpayers $187.15 per officer to investigate. Collectively, that’s $1,122.

One ambulance was dispatched from Napanee, said Chris Berry of the region’s ambulance service. Two paramedics spent an hour each tending to Blanchard, each earning about $27 an hour – good for another $108 from the taxpayers.

There were 13 firefighters, but Napanee Fire Chief George Hanmore refused to talk about his department’s response. That could have been because one of his firefighters accidentally slammed the firetruck into the mangled wreckage on the highway.

Contacted a month after the crash, Hanmore said the truck sustained some cosmetic damage that was already repaired. He wouldn’t say how much damage, so I submitted a $5 freedom of information request to the Town of Greater Napanee.

The records that came back confirm there was some cosmetic damage done that day: the truck needed $11,047 worth of body work.

Oddly, Blanchard was never told about the fire truck until a reporter knocked on his door. The additional collision doesn’t appear on the police report. You might call it a hidden cost.

Blanchard was taken to the Lennox and Addington Hospital, a facility that sees its share of Highway 401-related trauma; about 40 kilometres of the highway’s 817.9 kilometres runs through the hospital’s coverage area.

“We do not keep statistics, but we certainly do get our share of road accidents,” said CEO Arthur Ronald. “Some of them are serious, and they would be stabilized and sent to Kingston.”

Because Blanchard’s head injuries were substantial, he was sent to Kingston General Hospital, which is provincially designated as a level-one trauma centre.

Dr. Dan Howes, the director of the regional trauma program at the hospital, said when advance warning comes from paramedics, the hospital calls in as many as 15 experts. That includes doctors with different surgical specialties, nurses, respiratory specialists and X-ray technicians. They carry pagers and are usually waiting by the time the patient arrives in the emergency room.

“The idea is to activate everyone,” he said. “Those not needed can go home. The team is only activated when the injuries are quite severe.”

The team is funded by the province, spokeswoman Karen Smith said. The trauma team’s coverage area stretches as far west as Cobourg, to Cornwall in the east and Bancroft in the north.

The hospital receives $280,000 per year for the doctors in the program from the Southeastern Academic Medical Organization, and another $700,000 from the province for severe trauma cases.

There are about 151 of these cases per year, Smith said, which averages approximately $4,635 per case.

It was at Kingston General Hospital that Blanchard next opened his eyes. His head hurt, his vision was blurred. Fifteen stitches were needed to close the gash above his eye, and he was told he suffered a serious concussion.

“I’m now in pretty good condition,” he said three months later, still slurring his speech because of the concussion. “I still fall down, but not as much. Still headaches, but not as much.”

The human brain isn’t packed as tightly into the skull as you may think, and it’s because it floats around a little that concussions are possible.

They occur when the brain slams against the inside of the skull, and cause symptoms such as disorientation, poor co-ordination and vision problems.

Most concussion problems resolve themselves within seven days. But Blanchard now deals with post-concussion syndrome, which has severe side-effects.

Complaints include fatigue, irritability and difficulty thinking.

John Dumas, the information co-ordinator for the Ontario Brain Injury Association, said with most concussions the most valuable healing agent is rest.

“There’s no medicine that’s going to fix a concussion,” Dumas said. “The damage that occurred could be at a cellular level and usually is.”

Results of any brain injury rehabilitation are based largely on perception, and the goal is to return the victim back to the pre-concussion state.

“In some cases that’s not possible,” he said. “But you try to bring them back to as close as possible to how they were before.”

Blanchard continues to be tested by doctors, and has yet to return to work. He hoped he’d be able to get back by Christmas.

The cost of his rehabilitation is being covered by the Ontario government, and he is getting workers compensation while he’s home. But it only covers so much.

At 85 per cent of his usual take-home salary, Blanchard has to make do with 15 per cent less at the end of each month.

While Blanchard didn’t talk about his salary, a job posting for Canadian American Tank Lines, Blanchard’s employer, states it pays $18 an hour for new drivers, or $35,100 a year.

That means a new driver on disability stands to lose about $5,000 a year.

Regardless of the severity of a crash, most survivors must get back behind the wheel.

For Maureen Dillon, it was a necessity. She lives in Brighton, and commutes 220-km a day to her job in Kingston.
Becky Katz was on her way to Brockville from Dundas, and while her car was damaged, she had to climb back in and finish her trip the same afternoon.

Little research had been done into the mindset of those involved in serious collisions, until two researchers released a book in 1997 looking at the incidence of post-traumatic stress disorder in crash victims.

Published by the American Psychological Association, the work by Edward Blanchard and Edward Hickling became the pre-eminent reference book for those treating crash victims.

“We do know that ideally, some motor vehicle accident victims require immediate attention for services shortly after their accident,” the report concludes. “They need to return to a life free from anxiety and depression, including while they drive and travel. Although many improve spontaneously, many will not.”

The study closes by concluding that more research is needed, because estimates for the number of people who develop severe anxiety problems or post-traumatic stress disorder vary widely.

I waited almost three months before venturing back onto Highway 401, and the only thing that coaxed me back was a trip to Brantford to visit Blanchard, who had almost killed me in May.

I shuddered as I drove past the recently repaired cement barriers near Mile Marker 581 outside of Napanee, and everyone who knew me pointed out how ironic it would be if I were to be killed on my way to visit Blanchard.

I’ve avoided the 401 since. It’s a strange kind of fear: my chest tightens, and my breath gets short. My palms get greasy, and I watch the other side of the highway with suspicion. I keep expecting my air bag to punch me in the face.

It’s not a big deal. My frequent trips to Ottawa now incorporate Highway 15. If I need to get to Toronto, the train is more comfortable anyway.

As we sat in Blanchard’s kitchen, I told him the story of an accident I was in just months before the 401 crash that destroyed my Hyundai Elantra. A Dodge Dakota slid on an icy patch and crossed into my lane. It hit me head-on, there wasn’t even time to brake. The car was written off.

Ten minutes after telling the story, I asked him if he planned to drive again if his rehabilitation is successful. He took the question as an insult.

“What else am I supposed to do, it’s my job,” he said. “You’re driving again, and you’ve been in more accidents than me. Of course I’m going to drive again.”

Hundreds of kilometres of cement barriers help keep eastbound and westbound traffic away from each other along Highway 401. The non-descript slabs are four metres long, and just more than a metre high.

The design was conceived in the 1950s in New Jersey, and the model used in Ontario is a refined version of those early slabs. They are more sophisticated than they appear, and hitting one isn’t the same as bouncing off a cement wall.

“For the more common hits, the shape is intended to minimize sheet metal damage,” states documents obtained from the United States Department of Transportation. “For higher impact angles, the shape is actually a multistage barrier.”

The shape – something like an upside-down Y – is meant to lift the tires off the highway so the vehicle is pushed back into its own lane.

“It is only necessary to lift the vehicle enough to reduce the friction between the tires and the paved surface,” the documents state.

“This aids in banking and redirecting the vehicle. If the vehicle is lifted too high into the air, it may yaw, pitch, or roll, over when the wheels come into contact with the ground again.”

The barriers also explode, as we found out after Blanchard’s truck destroyed 20 metres of barrier.

My car was ditched almost 250 metres from where the truck went through the wall, and Pritchett and I both went home with mementos – pieces of the barrier that somehow ended up in the ditch with us, but
didn’t kill us.

My small piece of cement is inexplicably sitting on an end table, Pritchett’s is the size of a fist and is used to prop open a door in her apartment.

When an accident causes damage to a provincial highway, contractors clean the mess and repair any damage. Bill McLatchie is the contracts manager for Cruikshank Construction Limited, the company under contract to maintain the strip of highway that runs through Greater Napanee.

He estimated as many as 20 people were involved in the work, which included repairing the barriers, directing traffic and cleaning diesel fuel that had leaked from the truck as it lay sideways on the highway.

“I had four people out there,” he said. “For repairs I had six guys out for traffic control as well as a crew from a contractor to fix the barrier. He would have had in order of seven people, for the better part of a full day. My guys were there for the better part of a full day, some for 10 to 12 hours.”

When it was done, he submitted a bill to the province.

Again, a freedom of information was required to find out how much the work cost.

Because the amount charged per hour for specific services, such as repaving or shovelv ling garbage off the road, is considered proprietary information the province refused to include hourly breakdowns.

However, the total cost billed to the province was $19,011.13 to repave the chunk of road and repair the barriers. The province tacks on another 15 per cent to cover “general ministry overhead,” bringing the total to $21,862.80.

Included in the costs were:

• $10,256.46 to fix six lengths of cement barrier.
• $2,500 to close the lane while work was underway.
• $2,016 for repaving equipment.
• $1,650 for “hot mix” material.
• $901 to pay three supervisors, three operators and eight laborers while the road was repaved.

Who ends up paying for the damage has yet to be determined.

If Blanchard is found to be at fault – he was issued a careless driving ticket but has vowed to fight it in court – his company will be expected to cut a cheque. If not, taxpayers are on the hook.

Blanchard’s Cadillac is backed neatly into his small driveway, its personalized Toronto Argonauts licence plates foreshadowing what you’ll find when you walk through his front door and into his kitchen.

Hats and pennants are tacked to the walls; there is a photo from back when he was a tough-nosed lineman himself. He loves the sport, but doesn’t get to any games at the Rogers Centre because the seats are too small for his six-foot-six, 350-pound frame.

His size also accounts for the Cadillac. At his height, a compact car isn’t an option. He offered to sell me the car three times in my two-hour visit – $17,000 and it was mine.

He could use the money to top up his workers compensation, but he’s also been told not to drive until his rehab is complete.

My new 2006 Toyota Matrix is parked in front of his house, and he walks over to admire it. He wants to know how it handles, and is genuinely embarrassed when I joke that it holds up well in a crash.

Besides the total destruction of his $70,000 Volvo truck, two other cars were written off. I had been driving another 2006 Toyota Matrix; I’d only owned it about three months before it was destroyed. It was due for its first oil change.

Maureen Dillon was driving a 2000 Chrysler. She made her last payment two months before it was destroyed.

“I went one month without payment,” she ruefully recalled. “At least I’m here.”

When your insurance company receives word that you were in a crash, it checks the car and decides whether it’s more economical to cut you a cheque or fix it.

It takes a few days to make a decision – and you spend the entire time praying they’ll consider it irreparable.

The resale value of a car that has undergone extensive structural work is suspect, to say the least.

Since Dillon’s car was more than a year old, there is a sliding scale of value. There is a base price in an industry handbook for each model year and car type, and the more kilometres that are on a car the lower the value.

They cut her a cheque for about $12,000, and she put it toward a Nissan Mirano. The $54,000 vehicle brought new, bigger payments, but she didn’t keep track of other out-of-pocket expenses.

“You can never add up the time and the pain in the ass,” she said.

“There’s the rental company, companies harassing you to buy a car. And the actual time that it takes to do this, you have to take a couple days off work.”

My personal costs were easier to quantify. A clause in my insurance contract ensured that if my new vehicle were destroyed within a year, I’d get full replacement value. I was given $900 to blow on a rental car in the interim.

Within two weeks, Toyota Credit cut me a cheque for $25,530 minus the $500 insurance deductible. The deductible came back to me through my insurance company in a separate, unexpected cheque.

My only direct cost associated with having the car declared scrap metal came when I bought a new car from Kingston Toyota.

The first Matrix didn’t have anti-lock brakes. This option came in an upgrade package, and by the time the car is paid off will have cost me about $2,000 extra.

Sadly, they don’t have a frequent buyer program. But then again, after helping take more than $170,000 out of the economy in a microsecond, it’s probably fitting that I put a little back in.

Categories: Features Tags: , ,

The downfall of Circa nightclub

January 18th, 2011 1 comment

When New York City club king Peter Gatien landed in Toronto and declared he would change the city’s nightlife forever with his audacious new nightclub Circa, he couldn’t have known he was laying the groundwork for one of the most expensive financial flops the city’s club set has ever seen.

The only thing left to fight over when the club closed in March was some old furniture and about $15,000 worth of booze – cold comfort to investors who were owed some $8-million.

While it was open, the club was a symbol of the city’s ambitions – larger than life, world class and exclusive. Run by one of the most successful club owners ever to operate in New York City, it allowed patrons to imagine they were every bit as sophisticated as party goers in larger cities such as New York or London.

“There had never been anything like it in Toronto,” said Matt Sims, a promoter who was brought on early to help drum up interest in the club ahead of its October 2007 opening. “It felt like an unsinkable ship in the early days. I guess, looking back, it was the Titanic of night clubs.”

Although he walked away from Circa a year before it declared bankruptcy, Mr. Gatien’s reputation is inextricably linked to the most ambitious nightclub the country has ever seen. Maybe that’s why he gets so snappy whenever the world “failure” is mentioned.

“It was a wildly successful venture for the most part,” he says from the back corner of a Queen Street West restaurant where he’s picking tersely at a salad. “There was a sense of something special – we were building something that had never been seen before anywhere in the world.”

Two years into a self-imposed exile, Mr. Gatien is about to step back into the spotlight. He’s scouting Toronto locations for a boutique hotel. A movie about his life is in post-production, and he hopes to have it on the film festival circuit come spring.

But the inside story of Circa remains to be told.

FROM NYC TO YYZ

Peter Gatien arrived in Toronto as an outcast criminal. The club veteran was unceremoniously shipped to the city in 2003 after serving time for state-sales-tax evasion in the United States, the only charge that stuck after a decade of failed drug raids that saw him charged – but never convicted – in a string of busts in his Manhattan clubs.

The Cornwall, Ont., native lorded over the New York City party scene for decades, opening his first club in the city, Limelight, in 1983 in the shell of a 139-year-old Episcopal church. Not one to understate a moment, he had Andy Warhol bestow his blessing upon the property on opening night.

He went on to open the Tunnel, Club USA and the Palladium as he built a $50-million business empire. Mr. Gatien became both a cultural icon revered for his hedonistic temples and a lightning rod for criticisms about the city’s unseemly underbelly, easily recognizable by the eye patch he wore while in New York (he lost an eye in a childhood hockey accident, but now wears sunglasses instead of the patch).

“If you went dancing in New York in the 1990s, you were in one of my clubs,” he says. “It’s that simple.”

When former mayor Rudolph Giuliani vowed to crack down on the city’s drug-fuelled party scene, Mr. Gatien’s high-profile clubs were an easy target. The raids started in 1996, and led to federal drug-racketeering and conspiracy charges.

He would be acquitted, but charges that he evaded sales taxes and skimmed from the bank accounts of his empire would stick and lead to a 90-day jail sentence and $1.75-million fine.

“Apparently, the powers that be wanted Peter Gatien’s head on a platter,” author James St. James wrote in his memoir Party Monster, a book about his time as a New York party kid. “We [could] certainly see the DEA circling about trying to blend in, to great comic effect.”

As he left prison, Mr. Gatien vowed to resurrect the Limelight, which had folded under $2.2-million in debt while he fought his legal battle. He never got the chance: American authorities used immigration laws to ship the self-described “penniless” proprietor back to Canada – the country he left when he was 20 years old.

FINANCING THE PLEASURE PALACE

New to a city he didn’t know and anxious to rebuild his empire, he partnered with Hingson Corp., a high-profile club owner in its own right that operated popular Toronto nightspots such as Eight, Eight Below, Banzai Sushi and Fez Batik to develop what would eventually become Circa Night Club, near the corner of Richmond and John streets.

When the partnership fell apart due to creative differences, Mr. Gatien pushed on alone. He promised that his 2,800-person pleasure palace would revolutionize nightclubs not only in Toronto but around the world, relying on artists and curators to create a unique space that was as much a museum as a boozeatorium.

“He’s a genius, and he understands better than anyone in the world how to make a fun, social space,” said Paul Budnitz, the founder of Kidrobot toys, who was contracted to build a theme room in the club. “His goal wasn’t to build another nightclub or bar – he was there to build something beautiful and compelling.”

Mr. Gatien brought in lawyer Ari Kulidjian to help him liaise with investors. He made Mr. Kulidjian chairman and kept the role of president for himself. The club was going to be expensive to open, and even the initial estimate of $3-million put it well out of Mr. Gatien’s range.

Mr. Kulidjian helped raised hundreds of thousands from friends and family members, helping to get the building ready for its debut.

But while he helped raise what was needed, things were already coming apart financially before the doors even opened. The loans carried interest rates as high as 36 per cent, at a time when traditional lenders would make money available for less than 5 per cent to good borrowers.

“I’d already fronted about $100,000 and with my money at risk I thought I’d better do something,” Mr. Kulidjian said. “I did the classic chase-bad-money-with-good thing. To use a colloquial term – it was always a buck short and a day late.”

SUCCESS, DIVISION, DETERIORATION

They did build a popular nightclub, that much can’t be argued. Thousands of patrons a night crammed into Circa’s indoor waiting room for a chance to pay $280 for a bottle of Grey Goose in the VIP. It was also building a reputation as a place for live music – 50 Cent was a musical guest, as were other high profile acts such as Justice, Kanye West and Lady Gaga.

“Circa was something special,” said Mr. Sims. “Anyone who was involved will tell you it was one of the most exciting and rewarding experiences of their lives. It was just so insane and huge and ambitious.”

Spread over four floors, the 55,000-square-foot complex was licensed to serve booze to some 2,800 people at a time, and it usually did. While relatively few made it up to the top VIP level – a glass cube suspended above the dance floor – each floor became a destination of its own because of the unique designs.

The infamous Bathroom Bar, for example, was designed to look like a hospital morgue, and the bar and seating resembled toilet seats and bedpans. A dentist’s chair sat prominently in the middle of the room, a favourite spot for any number of scandalous activities. Anyone who had to take a brief respite from the party could pop into the bar’s unisex bathroom.

“Go anywhere in the world and you won’t find something like that,” Mr. Gatien says. “We won Best Super Club – and that wasn’t for Toronto. That was for the world – New York, L.A., Miami.”

While court filings suggest the club was on track to pull in some $7-million in revenues that first year, the dozens of investors who had been conscripted in the early days were wondering when they would see some return on their investments.

They were right to worry, because while the club was packing the house when it flung open its doors, it was also fabulously indebted from Day One. It took a year longer to open than planned due to holdups getting the liquor licence, but the owners still had to pay $140,000 a month in rent and keep some key employees on the payroll.

Things didn’t get much better financially when the doors finally opened. The club was popular and easily reached capacity most nights, but the profits were constantly being earmarked for interest payments.

“We were making good money,” Mr. Gatien said. “But it cost a lot to run. There’s no reason – other than those initial debts – that the club shouldn’t have been earning margins around 20 per cent … it was costing hundreds of thousands just to pay the [interest payments].”

late 2008, Mr. Kulidjian hired an accountant to go through the books in the hopes of cutting costs. The decision led to a falling-out between Mr. Kulidjian and Mr. Gatien about how much of the club’s budget should be spent on art and performers, and would ultimately end their partnership.

The two are still battling in court, with Mr. Kulidjian accusing Mr. Gatien of shoddy bookkeeping and irresponsible spending (at best) and Mr. Gatien demanding back pay and alleging breach of contract.

Mr. Gatien left for good in February 2009, with key talent such as the general manager and VIP bottle manager following shortly after. It was the same club, to be sure, but without Mr. Gatien, many key backers quickly lost interest.

“It had turned out to be such a wonderful place,” said Mr. Budnitz from his Colorado home. “But after [Mr. Gatien] left, there was never a reason to go back up. With him gone, I didn’t want anything to do with it.”

THE PARTY’S OVER

Through 2009 it became clear that there was no way the club would be able to operate with almost $8-million owing to its 150 creditors. Now running the club without Mr. Gatien, Mr. Kulidjian found himself with a new problem – landlord RioCan Real Estate Investment Trust was sick of late payments on the rent.

Bankruptcy documents indicate Mr. Kulidjian asked the club’s creditors to cut it a deal in January, 2010. Nobody would be paid what they put in under the plan, but management hoped they’d settle for less if the alternative was to get nothing at all.

One lender – the chief executive officer of an oil and gas exploration company who was owed $1.8-million – would get notes promising full payment within five years, with interest. Other secured lenders would only get 60 per cent and lower interest payments, while suppliers and other unsecured creditors would have to settle for 30 per cent of what they were owed at a 3 per cent rate of interest.

The bankruptcy documents suggest everyone was on board – everyone, that is, except the landlord who would just as well see the whole thing shut down rather than having to knock on the door every month asking for back pay.

The landlord’s concerns would turn out to be an irrelevant sideshow. The fatal blow would come from the Royal Bank of Canada, which, in March, forced the company into bankruptcy over an unpaid $249,000 loan.

Three years after its splashy opening, Circa was dead, and the creditors were left to fight for the few assets that remained. Total debts were listed at $8.8-million, and if you added up everything left in the cavernous building – from the old dentist’s chair in the Bathroom Bar that was a starring prop in countless dirty photos, to the battered fridges that housed the alcohol – only $62,000 would be available to pay debts.

Of that, $15,000 was sitting in bottles on the shelves.

“I was attracted to Circa because it was a sexy concept,” said Lev Ozdemir, a builder who is listed as a $50,000 creditor in the bankruptcy documents. “It was fresh and new, and as a risk taker, that intrigued me. It was an expensive mistake.”

THE MORNING AFTER

The cavernous fortress of partying that was once Circa is now conspicuously empty, with giant “for lease” signs plastered in the windows. What comes next for the site isn’t entirely clear – as Circa fought for its life, the neighbourhood around it has become less clubby and more residential.

There is a proposal to build a small boutique hotel on the same block, and the space currently occupied by the Embassy nightclub is in the early stages of a rezoning proposal that could see a developer build a 28-storey condo. TAS DesignBuild, meanwhile, wants to build a 35-storey condo on the same block.

Meanwhile, a $20-million suit that pits Mr. Gatien and Mr. Kulidjian against one another is also languishing in the courts, already having generated hundreds of pages of arguments and counterarguments.

The end is likely nearer for the bankruptcy proceeding – with so few assets to distribute, there’s just not that much to discuss.

“We are still administering the file and have not been discharged as trustee; as well, the court-appointed receiver, to my knowledge, has not been discharged as well,” said Hans Rizarri, a Soberman Inc. trustee that is handling the bankruptcy. “These discharges will likely take place over the next 12 months.”

Mr. Kulidjian has returned to practising law, saying he had never intended to become so involved in the club in the first place.

“I don’t regret anything because I learned a lot,” he said. “I used to think I was a pretty sharp cookie. But everything in life happens for a reason, things happen because they should.”

As for Mr. Gatien, he’s been keeping a low profile since walking out of Circa. That’s not likely to last much longer – he’s spent the last year filming a documentary about his life, financed by a half-a-million dollars he managed to raise from investors. He’s also written several episodes of a TV series based on the New York club scene that he hopes to shop around.

He’s also scouring Toronto, hoping to find a good location to build a boutique hotel – he thinks the city could use another 20 or so.

And he’s plotting a return to the United States, where his reputation was built. He’s not allowed in the country now, but is applying for a waiver that would permit him to travel. He’s particularly interested in scouting Las Vegas for any business opportunities, after having received some interesting pitches while in exile.

Image rehabilitation? Suggest that at your own peril.

“I’m actually a very reclusive person and just think I have a compelling story to tell,” he says, smirking at the very obvious irony of a private citizen spending $500,000 to capture his life on film. “My reputation is fine – I’ve done what I’ve done and everyone knows what I’m about. I don’t need to worry about things like that.”