Bargaining Power Dynamics and the Negotiation of Commercial Rights and Obligations: A Case of Athlete Agreements

This qualitative case study explored how the structural power imbalance in high performance sport influenced the bargaining process and resulting commercial rights and obligations of a single Canadian national sport organization’s (NSO1) Athlete Agreement. Principles comprising the doctrine of unconscionability, specifically the identification of a power imbalance between contracting parties, and the exploration of how that power imbalance influenced the terms of the contract, provided a framework to analyze factors influencing the commercial contents of NSO1’s Athlete Agreement. The results of this analysis revealed that despite the overarching influence of the inherent structural power imbalance on all aspects of NSO1 and its membership, an athletes’ level of commercial appeal can reach such heights as to balance the bargaining positions of both parties and subsequently influence the commercial contents of the Athlete Agreement.

Port Weller Dry Docks collection, 1959-1967

Port Weller Dry Docks Limited was officially established on April 25, 1946, near Lock 1 of the Welland Canal. Charles A. Ansell was the company’s first President and General Manager. Initially, the company focused on repairing ships, but in June, 1951, built their first ship, the Scott Misener. In 1956, the Upper Lakes and St. Lawrence Transportation Co. purchased all of the shares of Port Weller Dry Docks Limited. In the mid-eighties, ULS (Upper Lakes Shipping) International (which owned the Port Weller dry docks), and Canada Steamship Lines, merged their operations. As a result, the Port Weller Dry Docks became a division of this newly formed company, known as Canadian Shipbuilding and Engineering Limited. In 2007, Seaway Marine & Industrial Inc. took over ownership of the Port Weller Dry Docks, but declared bankruptcy in July 2013.

Niagara Falls Special Attractions - Postcards

Board with five postcards of Niagara Falls attractions. First postcard, Lincoln Beachey's Flight under Niagara Falls Bridge (copyright 1911 by Photo Specialty Co.). Second postcard, Calvery Walking Niagara Gorge on 3/4 in. cable. Third postcard, Burning Spring, Niagara Falls, Canada. Fourth postcard, Mrs. Anna Edson Taylor "Shot Horseshoe Falls (165 feet) October 24, 1901, and survived - a feat never before accomplished. Entered barrel one and one-half miles above the Falls. Was in barrel one hour and fifteen minutes. Had 32 pounds of air in barrel; 100 pounds weight on foot of barrel. Rescued six hundred yards below falls on Canadian shore". Fifth postcard, Burning Spring, Niagara Falls, Canada.

Upper Lakes Shipping Ltd. Vessels Scrapbook, 1964-1967, no date

The origins of Upper Lakes Shipping can be traced back to 1931, when Gordon Leitch, the general manager of Toronto elevators, sent Captain Bruce Angus to scout for potential ships that could be used to transport grain. The ship Sarnian was purchased as a result. It soon became apparent that more ships would be needed by the business, and Leitch subsequently partnered with James Norris of the Norris Grain Company, in order to transport their products more economically. The Upper Lakes and St. Lawrence Transportation Company (which later become known as Upper Lakes Shipping), was incorporated in 1932. In 1956, the company bought Port Weller Dry docks. At this point, the company began constructing new vessels designed to meet specific freight and classification needs.

Inniskillin fonds, 1970-2014, n.d.

Inniskillin Wines was founded by Karl Kaiser and Donald Ziraldo in 1975 in Niagara-on-the-Lake, Ontario. They had met the previous year, when Karl Kaiser, a winemaker and chemist, purchased some grapes from Donald Ziraldo, who owned and operated Ziraldo Nurseries. The two shared a vision of producing better quality Canadian wines and formed a partnership, with Kaiser making the wine and Ziraldo serving as company President. In 1975, they were granted a winery license by the LCBO, the first one granted since 1929. The company name Inniskillin was derived from the Inniskilling Fusilliers, an Irish regiment whose Colonel once owned the land that Ziraldo Nurseries occupied. This was the original site of the winery, although in 1978 the winery moved to the Brae Burn Estate, their current location. In 1982 the winery expanded by 50 acres with the addition of the Montague Vineyard, and another 50 acres was acquired in 1991. The Niagara-on-the-Lake vineyard produces single vineyards bottlings of Chardonnay, Pinot Noir, Merlot and Pinot Grigio/Pinot Gris. In 1984, Karl Kaiser began producing icewine from Vidal grapes frozen naturally on the vine. Inniskillin garnered international acclaim for the quality of their icewines, receiving the prestigious Grand Prix d’Honneur at VinExpo in 1991, for their 1989 Vidal icewine. This established Inniskillin as a producer of world class wines, while also raising the profile of Canadian wines in general. The company branched out their operations, first acquiring vineyards in the Napa Valley in 1989 to form Inniskillin Napa (producing wines under the Terra label), and in 1994 establishing Inniskillin Okanagan in the Okanagan Valley in British Columbia. The Napa valley venture ceased in the mid 90’s, while Inniskillin Okanagan continues to operate. In 2006, Karl Kaiser and Donald Ziraldo left Inniskillin. Kaiser retired, while Ziraldo became chair of the Vineland Research and Innovation Center (2006-2011), and remains involved in the wine industry. In 2007, Bruce Nicholson joined Inniskillin as winemaker. Nicholson continues to produce award-winning wines under the Inniskillin label, receiving the top award, the Premio Speciale Gran Award, at Vinitaly 2009 for his 2006 Gold Vidal and his 2006 Sparkling Vidal Icewine. In 2012, he received several awards for the 2008 Riesling Icewine, including gold at the International Wine and Spirits Competition in London, UK, the San Francisco International Wine Championships, and Selections Mondials des Vins Canada.

Donald Ziraldo Fonds, 1968-2012, n.d.

Donald J. P. Ziraldo, C.M., BSc., LLD was born in St. Catharines, Ontario on October 13, 1948 to Fredrick and Irma (Schiratti) Ziraldo. He graduated Denis Morris High School in St. Catharines in 1967, and received his B.Sc. in Agriculture at the University of Guelph in 1971. In 1974, Ziraldo was running Ziraldo Nurseries when he met Austrian born schoolteacher, chemist and winemaker Karl J. Kaiser. They realized that there was a gap in the premium varietal wine market and decided to plant a premium traditional European variety of grape vine species, the Vitis vinifera. This was an innovation in the Niagara region because the current wine producers were not using premium European grapes at the time. Ziraldo and Kaiser founded and then formally incorporated Inniskillin Wines Inc. in Niagara-on-the-Lake, Ontario on July 31, 1975. Ziraldo successfully lobbied General George Kitching, CEO of the LCBO, for a winery license. In 1975, Kitching granted him a winery license, the first in Ontario since Prohibition ended. From the beginning, there was a division of labour where Kaiser focused on the winemaking and Ziraldo focused on the marketing and promotion of the wines. Ziraldo also became president of the company. Ziraldo and Kaiser worked on improving their winemaking techniques and promoting their products and company. Ziraldo has been called ‘one of the founding fathers of the Canadian wine industry’, and it is widely acknowledged that both men played a large role in the success and growth of the Canadian wine industry. Together they pioneered the estate winery movement in Canada. A major turning point Inniskillin came in 1984 when Karl Kaiser successfully harvested the first Icewine crop from frozen grapes on the vine and bottled Eiswein Vidal (Icewine). In 1990, Inniskillin received worldwide recognition for this Icewine when their 1989 Vidal Icewine won the most prestigious award in the wine world, the Grand Prix d’Honneur, given at Vinexpo in France. This victory has been called ‘the award heard round the world’ and it launched Inniskillin into the international wine arena. At the same time, this helped lift the profile of Canadian wines in general. Inniskillin not only became Canada’s leading producer of Icewine, but it also became known for producing ‘one of the world’s great wines’. After the 1990 award, Ziraldo began a major public relations campaign to promote Inniskillin and build Icewine into a worldwide brand. He travelled broadly every year to promote the brand and products and networked extensively with politicians, celebrities, chefs, sommeliers, etc. To ensure worldwide and long-term success, Ziraldo introduced Icewine to Asia and the United States which were new markets. He developed a new Icewine glass with George Riedel. Tony Aspler has called Ziraldo ‘Canada’s Wine Ambassador’. Ziraldo was President of Inniskillin Wines Inc. (Niagara) from 1975 to 2006. In 1992, Inniskillin merged with Cartier Wines, and in 1993 Cartier Inniskillin Vintners Inc. merged with T.G. Bright & Co. Limited, forming the new company Vincor International Inc. Inniskillin wines was now a subsidiary of Vincor. Ziraldo became a Director at Vincor International Inc. from 1993 to 2004. From 1989 to the mid 1990s, Ziraldo also became President of Inniskillin Napa, in Napa Valley, California. Inniskillin purchased Napa Valley vineyards and produced wines under the Terra label. In 1994, Ziraldo set up a subsidiary estate winery of Inniskillin in Oliver, British Columbia which was called Inniskillin Okanagan Vineyards Inc. He became President of the winery. This started as a partnership between Inniskillin and the local Inkameep Indian Band in the Okanagan. In 2006, Ziraldo left Inniskillin and since that time he has been involved in other Icewine related ventures such as running Ziraldo Estate Winery and producing Ziraldo Riesling Icewine 2007. He also is in partnership with the Niagara based Equifera Estate Winery to produce Equifera Icewine. His most recent projects include planting Picolit grapes in his parent’s hometown, in a project called Picolit Di Fagagna and becoming Managing Director of the Senhora Do Convento Port Winery in Portugal. Donald Ziraldo was instrumental in the creation of the Vintners Quality Alliance (VQA) in Ontario and was its founding Chair from 1988-1995. The VQA was established as a regulatory and appellation system which secured the quality and origin of Canadian wines made under this system. The VQA designation and bottle label gave the consumer confidence that the wines they were purchasing were 100% local products. The VQA system was set up first in Ontario and then in British Columbia.

Canadian Businessman of the Year Award - 2007

An award certificate given to Donald Ziraldo April 18, 2007 at the 17th Annual Business Appreciation Dinner (Buffalo Marriott Niagara, Amherst, New York).

Niagara River (Ontario) Remedial Action Plan fonds, 1984-1997, n.d.

The Niagara River Remedial Action Plan was part of an initiative to restore the integrity of the Great Lakes Basin ecosystem. In 1972, the Great Lakes Water Quality Agreement was signed by both Canada and the United States to demonstrate their commitment to protecting this valuable resource. An amendment in 1987 stipulated that Remedial Action Plans (RAPs) be implemented in 43 ecologically compromised areas known as Areas of Concern. The Niagara River was designated as one of these areas by federal and provincial governments and the International Joint Commission, an independent and binational organization that deals with issues concerning the use and quality of boundary waters between Canada and the United States. Although the affected area included parts of both the Canadian and American side of the river, Remedial Action Plans were developed separately in both Canada and the United States. The Niagara River (Ontario) RAP is a three-stage process requiring collaboration between numerous government agencies and the public. Environment Canada, the Ontario Ministry of the Environment, and the Niagara Peninsula Conservation Authority are the agencies guiding the development and implementation of the Niagara River (Ontario) RAP. The first stage is to determine the severity and causes of the environmental degradation that resulted in the location being designated an Area of Concern; the second stage is to identify and implement actions that will restore and protect the health of the ecosystem; and the third stage is to monitor the area to ensure that the ecosystem’s health has been restored. Stage one of the RAP commenced in January 1989 when a Public Advisory Committee (PAC) was established. This committee was comprised of concerned citizens and representatives from various community groups, associations, industries and municipalities. After several years of consultation, the Niagara River (Ontario) Remedial Action Plan Stage 2 Report was released in 1995. It contained 16 goals and 37 recommendations. Among them was the need for Canadians and Americans to work more collaboratively in order to successfully restore the water quality in the Niagara River. Stage three of the Niagara River (Ontario) RAP is currently ongoing, but it is estimated that it will be completed by 2015. At that point, the Niagara River Area of Concern will be delisted, although monitoring of the area will continue to ensure it remains healthy.

William Hamilton Merritt Welland Canal circular, July 12, 1823

William Hamilton Merritt (1793-1862) was a soldier, merchant, and politician who was instrumental in the promotion and development of the Welland Canal. After serving with the Lincoln militia during the War of 1812, Merritt became a merchant in St. Catharines, and purchased some land on Twelve Mile Creek on which he ran a sawmill and constructed a grist mill. He initially envisioned a canal between the Welland River and Twelve Mile Creek, which evolved into a plan to link Lake Ontario and Lake Erie. This would enable goods from western Canada to be conveniently shipped to Montreal and Great Britain through the St. Lawrence, while bypassing the Niagara portage. His plan met with opposition for financial and political reasons, as well as from those along the Niagara portage whose businesses would suffer if the canal were built. Despite this opposition, the Welland Canal Company was chartered by the Upper Canadian assembly in January, 1824. Construction on the canal began later that year, and was completed in 1829.

William Hamilton Merritt Welland Canal circular, July 12, 1823

William Hamilton Merritt (1793-1862) was a soldier, merchant, and politician who was instrumental in the promotion and development of the Welland Canal. After serving with the Lincoln militia during the War of 1812, Merritt became a merchant in St. Catharines, and purchased some land on Twelve Mile Creek on which he ran a sawmill and constructed a grist mill. He initially envisioned a canal between the Welland River and Twelve Mile Creek, which evolved into a plan to link Lake Ontario and Lake Erie. This would enable goods from western Canada to be conveniently shipped to Montreal and Great Britain through the St. Lawrence, while bypassing the Niagara portage. His plan met with opposition for financial and political reasons, as well as from those along the Niagara portage whose businesses would suffer if the canal were built. Despite this opposition, the Welland Canal Company was chartered by the Upper Canadian assembly in January, 1824. Construction on the canal began later that year, and was completed in 1829

Woodruff Family fonds, 1784 – 1983, (non-inclusive)

The Woodruff Family Collection: From the time the Woodruff Family came to Canada from the United States in 1795, they took an active role in the forming of their communities both in a civic and social manner. This is evident through the documents contained in this collection. The Woodruffs played an active role in the battles fought in Upper Canada and they were an integral part of the Village of St. Davids. They were educated, business-minded and socially engaged. They accumulated much of their fortune through land dealings. Much of this collection focuses on Samuel DeVeaux Woodruff who was principally a businessman. His dedication to his work is shown through his numerous undertakings. He made his mark on the Niagara Peninsula through his work on the railways, roads, marsh land revisions, canals and the paper industry. He was also involved with the founding of the Long Point Company and he took control of building DeVeaux Hall down to the last detail. His offspring inherited his work ethic and his business acumen. The people who married into the Woodruff Family also possessed key social, political and business ties. Anne and Margaret Clement were from a staunch Loyalist background. Samuel Zimmerman was instrumental to the founding of Niagara Falls and Judge Samuel DeVeaux left behind a legacy for poor and homeless boys in Niagara Falls, New York. The Woodruff Family undoubtedly left a mark on the Niagara Peninsula. This collection brings to light many endeavours of the family and their varied contributions.

Arthur A. Schmon fonds

Arthur Albert Schmon was born in 1895 in Newark, New Jersey. During his studies at Barringer High School in Newark, he met Eleanore Celeste Reynolds who was to become his wife in August of 1919. Mr. Schmon studied English literature at Princeton and graduated with honours in 1917. That same year, Mr. Schmon joined the United States Army where he served under Colonel McCormick as an adjutant in field artillery in World War I. In 1919, he was discharged as a captain. Colonel McCormick (editor and publisher of the Chicago Tribune) offered Schmon a job in his Shelter Bay pulpwood operations. Mr. Schmon accepted the challenge of working at this lonely outpost on the lower St. Lawrence River. Schmon was promoted to Woodlands Manager in 1923. In 1930, he became the General Manager. This was expected to be a seasonal operation but the construction of the mill led to the building of a town (Baie Comeau) and its power development. All of this was accomplished under Schmon’s leadership. In 1933, he was elected the President and General Manager of the Ontario Paper Company. He later became the Chairman and Chief Executive Officer. Arthur Schmon made his home in St. Catharines where he played an active role in the community. Schmon was a member of the Founders’ Committee at Brock University and he was a primary force behind the establishment of a University in the Niagara Region. The Brock University Tower is named after him. He also served as Chairman of the St. Catharines Hospital Board of Governors for over 15 years, and was responsible for guiding the hospital through a 3 million dollar expansion program. He was a Governor of Ridley College and an Honorary Governor of McMaster University in Hamilton. Mr. Schmon died of lung cancer on March 18, 1964. He had been named as the St. Catharines’ citizen of the year just one week earlier. Mr. Schmon had 2 sons Robert McCormick Schmon, who was chairman of the Ontario Paper Co. Ltd., St. Catharines, Canada, and the Q.N.S. Paper Co., Baie-Comeau, Canada. He was also director of a Chicago Tribune Co. He died at the age of 61. Another son, Richard R. Schmon, was a second lieutenant in the 313th Field Artillery Battalion, 80th Infantry Division in World War II. He was listed as missing in action on November 5, 1944.

Power of Attorney of Colonel John Butler for Robert Hamilton and Robert Addison, January 4,1797

John Butler (1728-1796) was originally from Connecticut but settled with his family in the Mohawk valley of New York around 1742. His father was a Captain in the British army and well acquainted with William Johnson (superintendent of Northern Indians). Butler impressed Johnson with his aptitude for Indian languages and diplomacy. He began to work with Johnson in 1755, and received several promotions in the department, until his apparent retirement in the early 1770s. At the onset of the Revolutionary War in 1775, Butler relocated to Canada to join the British forces, settling in Niagara. During the War, Butler was instrumental in maintaining the alliance with the Indians. After the War, Butler became prominent in local affairs in Niagara, but failed to secure any important offices when the province of Upper Canada was formed in 1792. In an effort to recoup some of the financial losses his family suffered during the War, Butler illegally attempted to supply trade goods to the Indian department with his son Andrew, his nephew Walter Butler Sheehan, and Samuel Street, a Niagara merchant.

Kimberly-Clark (Canada) records, 1960-1987

Kimberly, Clark & Company was founded in Wisconsin in 1872. The founding partners were John A. Kimberly, Havilah Babcock, Charles B. Clark, and Frank C. Stattuck. That same year, the company built the Globe Mill, which made newsprint from linen and cotton rags. The company soon established a reputation for developing new and innovative paper products and processes. In the 1920s, Kimberly-Clark opened a Canadian Pulp Mill and Power plant known as the Spruce Falls Power and Paper Company, in Kapuskasing, Ontario. Other branches of Kimberly-Clark were established in Ontario at Huntsville and Terrace Bay.

Canadian Military Institute: Officers of the British Forces in Canada during the War of 1812-1815

There is a note in the front cover written to Mary from B. Johnston on April 22, 1942. He refers to page 73 of the book in which William Woodruff is listed as a Lieutenant and Richard Woodruff is listed as an Ensign in the Niagara District. A full text version is available at the following link: http://www.archive.org/details/officersbritish00instgoog