Archive for November, 2024

#29 The Impact of Empathy and Perseverance in Law with Morgyn Chandler

Sunday, November 24th, 2024

In this episode of the Polestar Podcast by VELA Wealth, host Kevin Parton interviews Morgyn Chandler, a distinguished lawyer and Managing Partner at Hammerco Lawyers. They explore Morgyn’s legal career from its inception to the present, highlighting pivotal moments that she faced as challenges, which were transformed into opportunities for success. Morgyn emphasizes a human-first approach in her legal practice, fundamentally reshaping her firm’s operations by prioritizing empathy and compassion in client interactions. Her experiences illustrate the critical importance of adaptability—both professionally and personally—demonstrating how such flexibility can significantly influence success for entrepreneurs and business owners.

 

 

Podcast Highlights:

  • Learn how the 2008 financial crash catapulted Morgyn to make an unexpected career move, ultimately transforming her into the outstanding lawyer she is today.
  • Discover how a significant legislative change in 2019 regarding ICBC personal injury claims drastically reduced the firm’s business.
  • Explore how Morgyn and her team champion an empathy-first approach to law, leveraging their understanding of human connection.
  • Get inspired by Morgyn’s ability to pivot quickly, focus on the future, and find solutions to challenging problems.

 

About the Guest – Morgyn Chandler

Morgyn Chandler is the Managing Partner at Hammerco Lawyers and leads the firm’s civil sexual assault group. She is a forceful advocate with a successful track record of winning exceptional results for her clients.

With over a decade of litigation experience, Morgyn has a reputation for successful resolution based on persuasive and astute legal strategies. She believes that establishing and maintaining open, honest, and ongoing communication with her clients is critical to ensuring the best possible outcome. In addition to practicing in the areas of personal injury and estate litigation, Morgyn is the practice lead for Hammerco’s civil sexual assault group. She acts on behalf of survivors of sexual assault and is a powerful advocate for her clients against both individual and institutional defendants.  Morgyn believes that survivors deserve to be heard, and respected, and deserve the opportunity to hold perpetrators accountable.

Morgyn is a sought-after speaker in her field and has been named for her work in Personal Injury Litigation by Best Lawyers in Canada since 2020. Learn more about Morgyn at Hammerco Lawyers LLP and get in touch with her on LinkedIn, Morgyn Chandler.

 

About the Host – Kevin Parton

Kevin Parton, CFP professional, specializes in personal and business financial planning, tax reduction, and estate planning. Kevin is diligently concentrating on client education as a powerful strategy for building financial certainty. As no financial situation is the same, Kevin and his team monitor clients’ plans and implement personalized strategies to reduce their personal and corporate taxes, and protect their income, assets, and loved ones against the financial consequences of a serious illness, injury or death, ensuring clients maintain financial certainty and peace of mind. To read more, please visit the VELA team page.

 

The episode is also available on:

  

  

 

 

The Podcast Transcript:

Kevin Parton:

Welcome to the VELA Wealth Polestar Podcast, where we bring together financial experts, visionary entrepreneurs and passionate philanthropists who share not just their expertise but also their personal stories, reflecting on remarkable experiences and offering inspirational insights. I am Kevin Parton, your host for this episode and I’m very excited to introduce our guest and friend of mine, Morgyn Chandler.

I met Morgan nearly a decade ago as part of a business networking group. Over these last 10 years, I’ve grown to know Morgyn as a friend, confidant, entrepreneur and a leader at her firm, as well as within the legal industry. Morgyn is now the managing partner at Hammerco Lawyers, where she’s built a reputation as one of the most dynamic and dedicated legal professionals in the field, and that’s not just my humble opinion. Her journey in law began with a passion for advocacy and a strong commitment to justice, and throughout her career, she has represented clients in a wide range of cases, from personal injury and estate litigation to some more intricate areas of law, ensuring that her clients receive the best possible outcomes. Her expertise and legal acumen have not only earned her many successful verdicts, but also made her a trusted advisor to individuals and businesses. While in the role of managing partner, the firm has expanded its reach and impact, pivoting from the firm’s decades-long focus on personal injury, to a more robust focus on providing top-tier legal services across various practice areas, while navigating changes in the BC insurance laws that have proved to be insurmountable for many other lawyers and law firms to navigate. In addition to her impressive legal career, Morgyn is deeply involved in the community. She’s committed to giving back, whether through pro bono work or by supporting various charitable initiatives. I’ve always viewed Morgyn as a trailblazer and inspiration for women, lawyers, entrepreneurs and high achievers. With that being said, welcome and thank you for being here, Morgan.

 

Morgyn Chandler:

Thank you, Kevin. It’s so wonderful to be here. I cannot believe it’s been a decade since we met.

 

Kevin Parton:

It’s pretty maddening. I’m going to first start by saying I think everyone should practice writing a bio intro for their friends because as part of preparation for this, I got to go through your history and all of the things you’ve done, and over the years, I’ve formed my own internal opinion of how much I admire you. But going through the details is a pretty exciting experience. So, if you or anybody else wants the opportunity to feel grateful for people in their lives, write their bio for them.

 

Morgyn Chandler:

I will write your bio anytime, Kevin.

 

Kevin Parton:

Fantastic. I want to jump into the journey of where you started. We’ll get to how you built up to being the managing partner, and how you navigated pivoting the firm during a challenging time when BC Laws were changing, and we’ll also get to discuss some interesting stories about the importance of estate planning. But for now, I want to start with the beginning. What inspired you to pursue a career in law?

 

Morgyn Chandler:

Looking back, I don’t think that I ever consciously thought I wanted to be a lawyer. But now it seems like such an inevitable outcome and a natural fit for me. But growing up, I knew I wanted to do something interesting, and I knew I wanted to work with people. I came from a family of teachers and social workers and didn’t really know any entrepreneurs or lawyers. Then I got into undergrad, and I was casting around thinking what am I going to do? And thought “Oh well, I’ll write the LSAT and I’ll apply to law school and that’ll open some doors. Sure, why not?”

Then I got into law school and found it interesting, but again, still didn’t really have a concept of what a lawyer did. So, I found myself thinking, “Oh well, I’ll join one of these big firms and I’ll work on these deals with major corporations, and I’ll go that route.” And so I found myself articling at a firm in downtown Vancouver. And each day was more and more mystified by why people would actually do this type of work until I got onto my litigation rotation.

So, when you article at a law firm, they send you around to the different departments, and litigation was not an area that I had ever thought was all that interesting. I sort of thought it was like all the lawyers on TV and didn’t really know what they did. But then I found myself working with trial lawyers, doing trials and it felt like coming home. I thought, this is my place, these are my people. So, then it was about figuring out if I wanted to be in the courtroom, and what kind of work do I want to do? I had a little bit of exposure to criminal defense, but that was not an area that I wanted to pursue. I really admire the people who work in that area. I think it’s incredibly challenging and rewarding, but it wasn’t for me.

I also knew that I didn’t really want to go into family litigation. So, I found myself thinking well, what’s left? Of course, I was articling in 2008 and there may have been a major worldwide financial crisis at the time. So, it was challenging to get hired back by the firm that I was articling with because they didn’t hire anybody back. In fact, across the city, nobody was getting hired back. Then I found myself on the open job market with every other law student in Vancouver looking for a very small number of jobs. I was very fortunate to interview with, as it was called then, Hammerberg Altman, Beaten, and Maglio.

 

Kevin Parton:

Very traditional name.

 

Morgyn Chandler:

Very traditional name. And it was mostly a personal injury firm and, in the interview, I found myself talking about my passion for personal injury. Well, my inner voice was saying, “Just give me a job.” But it was honestly the best thing that could have happened to me. It really was the best place I could have landed. Because I realized very quickly that personal injury encompasses a wide range of areas, it gives you a ton of courtroom experience. It sounds trite to say, but you get to work directly with people, and you get to help them at some of the worst moments of their lives and actually make a true difference in their lives. So that set me on the path, and I haven’t really looked back.

 

Kevin Parton:

Well, I’m sure everyone has a unique story getting into it. If you had predicted where you’d end up before you started, you wouldn’t have guessed it. But like you said, you’re happy where you are. The first thing that comes to mind when you tell that story is; well, I’ve talked to many, many lawyers, and some of them have become maybe a little bit jaded about the profession or the work they do or disengaged. And you mentioned that working directly with people has been a saving grace for you. Do you think that might be why some people become less passionate about the profession? Because you lose that human interaction?

 

Morgyn Chandler:

I think it comes down ultimately to whether there’s a real values alignment and whether you have a purpose in what you do. I do see that disengagement. It is common in our profession as it is in many other professions. Ultimately, I do think that it is a function of people not checking in with themselves, not asking the questions: “Why am I doing this? What drives me? What do I find fulfilling about this? Is this serving me and my purpose?”

I’ve had to check in a number of times over the years to make sure it is in fact still driving me and still aligned with my personal goals and values. And I’ve found over the years that it is and it’s evolved. I evolved from a broad personal injury practice where I worked with people who primarily were involved in car accidents and that type of thing, and my practice now is mostly working in civil sexual assault claims. So, I work with survivors of sexual violence and bring claims against the individuals and institutions that have been complicit in abusing them.

That very much speaks to me and my values and the people that I find myself working with are often vulnerable individuals who haven’t had a voice, maybe they were children at the time, they didn’t have the ability to speak out. Now they’re looking for some accountability. And so, I would never have envisioned myself doing this type of work. But over the last 5-7 years that I’ve been doing it, it really speaks to me, and I’ve found a new passion for the law and for what it can do for people. I think that’s a rarity.

More often than not, people don’t have the agency and autonomy in their careers. Because law, like many professions, is one where it’s easy to get shuttled around into different positions and not have a voice for yourself and think about what you really want to be using your expertise for.

 

Kevin Parton:

I think it sounds like there’s enough areas in law to start with. If someone feels like they’re disengaged and then you say check in with your values and make sure there’s value alignment. I think for many, the fear is in the question, “Should I be a lawyer? Should I do the thing?” That in itself can be confronting. But maybe, that introspection can mean maybe you’re just practicing in the wrong area. You want to be a lawyer, you want to do this, but maybe redirect yourself somewhere within your field, and so it’s not such a drastic change to the point that you have to reinvent yourself 10-15 years down the road. Or if you were pursuing things for the wrong reasons, be it security or more immediate income, and it puts you in a certain direction that’s not feeding the soul.

But it sounds like you’ve started off on the right foot inadvertently. And now, years later, are really aligning both the professional side of doing well financially and running a firm, but also, doing that while practicing in an area of law that means the most to you. That’s something that can evolve over time too.

 

Morgyn Chandler:

That is absolutely true, and I think for a lot of people it’s a scary proposition to think, “I’ve invested eight years of my life of school and articles and the financial commitment of doing that. And now to think I don’t want to do this, and I have to start from scratch.” That’s a really scary thought for a lot of people, but there are so many different areas you can practice in. You can also have a law degree and not practice law, and it still opens the door to so many different careers. You can be a lawyer and apply to be a member of a tribunal that makes decisions about residential tenancy issues or human rights issues or strata issues. There are so many different areas that people can go into, but I think fear holds a lot of people back.

More often than not, lawyers do not have the mind of an entrepreneur. They don’t think about reinvention. They don’t think about the next stage in their career. Beyond the thought of, I’m an associate, then I’m a partner, and that’s that. And that’s a shame, because you have so many wonderful people who maybe have these incredible skills that they could be applying but are a little bit stuck. So that’s one of the things that speaks to me in terms of mentoring younger lawyers, is making sure that they’re aware of all of the opportunities that are available to them and thinking outside the box in terms of what their skills mean? You have critical thinking skills, interpersonal skills, public speaking skills, so let’s look at that, instead of just slapping a label on it.

 

Kevin Parton:

Which I think is huge. Especially the longer you’re in a particular field, the more you start to connect the skills with that field and start to think, I’m only good at this thing versus how are these skills transferable? Then the longer you don’t make massive change, the more you don’t have a story that tells you, you can succeed in that environment, which tends to be why a lot of people don’t change unless some big event occurs that forces change upon them, and then they learn.

I want to start at the beginning now of when you started at a law firm. What was the journey from being an articling student or an associate lawyer to becoming a partner and how did you manage the two different roles? One is a lawyer at a firm doing lawyer stuff and the other, being on the partner track. Where did the entrepreneurial journey fit in there? Because I think those are two very separate tracks. In my experience as an advisor, but also partner at a firm, one is operating a business, the other is operating a practice. So, what did that look like for you and how did it evolve?

 

Morgyn Chandler:

I was so fortunate in landing at the firm that I landed at, primarily because of the people who were there. The people who were there were already operating from a very entrepreneurial mindset, from a growth mindset. To become a partner at that particular firm, you had to build a book of business. You had to build a practice that became profitable not just for yourself, but for other lawyers within the firm so that you could support the growth of the firm. For me, that just made sense. I’m a self-starter, I’m motivated by a lot of different things, I’m ambitious, I’m driven, and so putting that kind of goal in front of me meant okay immediately that’s motivating. I need to develop my skills. I need to become a great lawyer. But now I also have this opportunity, and this opportunity is entirely within my own power. And that for me, was so motivating. It wasn’t like I have to hit these milestones, and I have to do all these legal things. It was like I can get there as fast as I want to and I’m going to get there fast, and faster than anybody else because I had the ability right away to say okay, I need to become a good lawyer so that I can sell myself. So, then I’m going out and selling myself and I’m really good at that. I’m good at talking to people and I’m good at getting them to trust me and I have an unbreakable mentality of ‘I will get that business’, and I don’t know where that confidence came from.

 

Kevin Parton:

Just run with it!

 

Morgyn Chandler:

I ran with it! I had a great mentor and sponsor as well, who was saying from day one “This is what I did, here’s how I did it, but find your own path. You can do it.” Then I was a magpie, going around, picking and choosing what I liked from the various lawyers at the firm and thinking that style doesn’t work for me, but this does, I like how that person’s doing this thing, I like how that person’s built that practice.

A lot of law firms don’t think of building practices the way we did. It’s very much, you’re working with institutional clients, the expectation is that those will get handed down over the years as one lawyer retires. So, you’re trying to woo these institutions and companies, but you’re not out there hustling for your own practice. And I liked the hustle. So, I found myself right away joining organizations that would help me become a better businessperson because I was focusing on law, I knew how to do that, and I had the resources for that. But I had to figure out how to sell myself. What am I selling, what’s my brand, etc. I didn’t have language for it then but that’s what I was doing. So, I had these two parallel tracks where I was learning how to be an excellent lawyer and also building my own book of business so that I could become a partner. At that time, partnership was the ultimate goal.

I never really thought about running the firm. I didn’t know what that was about and I thought that wasn’t for me. But I’m going to be a partner and that’s my goal. So, that’s what I did. And in six years of practice, I built up my skills as a trial lawyer. I also built a practice that was profitable enough that I was invited to the partnership. That was great in terms of meeting that goal. It was so motivating for me for the future. But then, I found after I became a partner and I built this practice that was self-sustaining, I did find myself thinking, “Okay what now? What next?” And I didn’t necessarily have an answer for that question.

Then we were confronted with pretty major changes to the nature of our business and that was an opportunity. Scary for sure at the time, it was very scary, but it was an opportunity.

What happened is, essentially a lot of our business in personal injury was dependent on motor vehicle accident claims and making claims through ICBC. But then the government changed the rules and basically said, “We’re not doing that anymore. We’re moving to a no-fault system”, which means no lawyers are involved. You can’t make claims for damages or compensation. It’s more of a Work Safe BC model where we’ll give you the treatment and care that you need and get you back on your feet, but we’re cutting lawyers out of the system. So, at that point, we’re looking at it and thinking, okay 90% of our revenue right now is coming from the work that we do helping people with ICBC claims. So now what do we do?

 

Kevin Parton:

That’s a huge number.

 

Morgyn Chandler:

It’s a huge number!

 

Kevin Parton:

We’ve talked about this before, where that number probably wasn’t dissimilar for many lawyers or many law firms, there was an entire segment of the market focused on this. What I found incredibly interesting, which I think is also an entrepreneurial trait, is those who have a strong sense of “why” tend to be able to persevere in the face of something like that.

It’s very easy to say no, I don’t care enough or it’s too much work, or I was passionate when it was easy and the money was good, but now things are going to change. So, it can be hard to find that drive if you don’t have a strong sense of “why”. That’s what makes this story exciting. In the face of 90% of revenue coming from a particular area and that well is dry; to say we’re going to pivot an entire firm and navigate other areas of law and become new in those areas of law, is incredible.

So, I’m sorry to cut you off there, but I’m really excited about this having happened and seeing you on the other side. Let’s dive into that now. What was the process of deciding that we’re going to push forward? Was there ever any conversation about throwing in the towel? And building on that, how has it been over the last few years?

 

Morgyn Chandler:

Yes, it’s exciting now that it’s been five years in the rearview mirror.

 

Kevin Parton:

Sure is. Post talk. In the moment, I’m sure it was traumatic.

 

Morgyn Chandler:

Yes, at the time it was traumatic. I think there was a collective moment of silence where everyone in the firm had to take stock personally and say, “Okay what do I want? What’s my next chapter?” Because some of our partners had made their money and they were ready to retire, and they were doing it because they enjoyed it, but they didn’t have to do it. Some of us, who were younger in our mid-30s, and early-40s, got years and years of work ahead of us and we’re thinking, “Where do I go now?”

So, there was that personal stock-taking and then there was a moment as a group, as partners, where we said, “Put it all on the table. Do we fold? Do we run it out and get rid of the files that we’ve got? Do we make money on those and then fold up their tent and go home? Or do we reinvent ourselves?” Collectively, we decided to reinvent ourselves. That was the moment that I was voted in as Managing Partner as well. Which, looking back, was it a vote of confidence or something else?

 

Kevin Parton:

Totally was, for sure.

 

Morgyn Chandler:

It certainly was, but I didn’t know what I was getting into at the time, at all. I will tell you right now that building a book of business and building a successful legal practice is very different from running a firm and a lot of people find themselves in the situation that I was in where you’re really good at what you do, so let’s promote you. It doesn’t work like that. Those skills are not always transferable.

Fortunately for me, I was able to make that shift, and I found myself reinvigorated by that. That was the time in my life when my enthusiasm was waning and I was a little bit unsure of what was next, and now all of a sudden, I’ve got this major challenge. I’m basically reinventing a law firm with my partners, but I’m at the helm of this and I have to think where do I start? So, we had a lot of strategic planning sessions together as a partnership and we decided what we needed to do and that was everything; from the types of law that we wanted to practice, to the changes we need to make to our technology infrastructure, to the rebranding that we needed to go through, we were essentially starting a new law firm now.

We were very fortunate because we had the capital and the infrastructure from our existing firm, which was fantastic, but we had to totally reinvent ourselves from the ground up. One of the things that we did was an analysis of what we had and what we do with it. What we had were skilled trial lawyers, absolutely. Then we identified how that translates to a new sector. Just because you’re a personal injury lawyer, doesn’t mean that’s all you can do. So, we started looking around and thinking what is our purpose. We want to help people. We want to make sure that we are providing assistance to people who would otherwise have a lot of difficulty navigating the system.  I think people have an idea of what that means and the sort of vulnerable individuals who may have difficulties.

But the law is really challenging and accessing the legal system is a privilege for people. There are business owners, entrepreneurs and other individuals who are highly successful in other areas of their life and are doing well financially, but then they get into a legal mess and all of a sudden, it’s overwhelming and they don’t know where to turn. They don’t know what to do or who to rely on. So, you do need to have a lawyer to help you navigate through that. But you need to have somebody who can also understand what you’re going through.

I think that was what we brought to the table– an empathy and a compassion. We always say, we’re human first, lawyer second. We are excellent lawyers (that goes without saying) but more importantly, we’re people who understand that another person is going through a really challenging time, and we’re going to help with that. That means finding the most efficient resolution to the problem.

The other thing we brought to the table, in addition to our skills as trial lawyers, was creativity around billing. We had never been tied to the traditional hourly rate billing model that a lot of lawyers are tied to. Because we did personal injury, we were more often than not on a contingency which means we get paid if we’re successful. If we’re not successful, we don’t get paid. So, we had to think how we could apply that to other areas of law. We found that there was this gap in the market where other areas of law, like commercial litigation and estate litigation lend themselves really well to contingency litigation as opposed to an hourly billing model. We had the resources to be able to do that and to understand that the law firm is taking a risk because they could be doing work for sometimes five years and not getting paid. Not a lot of firms can do that, and we had the infrastructure where we could. So that was a shift that we could make right away. We also saw that class action work tied very much into our values and was a similar billing model in the sense that you have to be prepared to work on these files for maybe 10 years and not see a dime.

 

Kevin Parton:

I was going to say, those are long cases.

 

Morgyn Chandler:

Yes, they are. And not only are you not getting paid on those files for 5 to 10 years, but you’re also carrying the costs of maybe hiring experts, forensic accountants, experts that come with a price tag of sometimes six figures. So, you have to be able to invest in that and not get paid for a long, long time. That’s a challenging undertaking for a lot of lawyers and law firms. We thought, if we do it now we have the ability to take that on. And so, we did. I think the key was not wasting any time. We didn’t sit and think, well maybe it’ll change. This change was thrust upon us, but we embraced it right away. I think that’s a real lesson for people in terms of how you react to change. You can cope with it, meaning you live with it, but you’re sort of fighting it the whole time. There’s still this push/pull and hoping it’ll revert back somehow, or you can absolutely accept it and say this is our new reality. Forget about the past. It’s gone. It’s done. We can’t change it. What do we do with this? And that was very much the mindset that we took.

I think that has been a major reason for our success. This happened in 2019, so we were already embarking on this journey when the pandemic hit. We were already in position to see it as just one more thing – a global pandemic. Throw it on. We got this.

That mindset really helped, because through that time we had changed our name, moved, rebranded, and we undertook learning these new areas of law and hiring practitioners who could teach us. We also purchased a firm on the island. We needed to extend our runway in terms of capital. We knew we needed to invest and one of the investments we could make was in lawyers (and firms) who saw these same changes and chose to retire. We were able to acquire their files that we could see through to conclusion. It was win-win. We were able to extend our reach and allow us to build these other practice areas and get comfortable with those.

 

Kevin Parton:

That’s exactly right. You talked about how when change happens, you can spend so much time fighting the change, and the coping is oftentimes not being willing to accept that a life or a future you thought was going to happen is no longer going to exist. I had this conversation with somebody the other day. I said you effectively mourn the death of a life that you lived, because if you’ve predicted the future in your mind, you’ve lived it, and now all of a sudden that’s not there. So, you’re mourning the death of something, and it stands true when people die as well. There are some who live in denial.

And I think there’s two parts to that. One is, mourn it, it’s okay to be devastated by something that didn’t happen. But if you’re going to let that determine the rest of your life, it’s not going to get better. And there’s a saying I heard that was just that, “Opportunity sometimes comes in the form of change we didn’t predict”. And you’ve got a certain amount of energy, and if you use the energy fighting the change, instead of leaning into the change, you don’t have energy for the other. So, I think the sooner you can say this is the new reality and take all of that energy that would be put into fighting, and lean in, you could start to create something. Like you said, now five years out, it was tough at the moment, but where you are now isn’t where you would have predicted six or seven years ago. But I would argue it’s a much better place than you thought you would be.

 

Morgyn Chandler:

I would agree with that wholeheartedly. I think my partners would as well. All of us find ourselves reinvigorated by the work that we’re doing by the expansion of our skills into different areas. It’s a much more dynamic and interesting time to be a member of our firm and to be practicing. There’s not one of us who would say we wanted to go back. But that doesn’t mean we didn’t spend some time mourning. It’s distracting, but there’s a period where you have to go through that process and understand that the reality that you had envisioned is not going to happen. That doesn’t mean that you won’t get to a similar place or get the end result. It means you’ve got to take a different path to get there. I think that for some people, they just get stuck in that and aren’t able to make the shift and move on.

That’s what we’re seeing now in the in the legal world, we’re seeing that there are firms who didn’t make any shift. They are now realizing that the end is here. You don’t have any more work coming from ICBC if you were dependent on that. There’s not some sort of magic reversal that’s happening. So, you have to deal with it and if you’re dealing with it now, you’re five years too late. Because it took us a long time to do it and to get here. I’m not saying it’s impossible, but you’ve made it much more challenging on yourself. So, I think fighting off change and that resistance doesn’t serve you in the long run, but that’s a hard lesson to learn and I do think you have to go through it to learn it.

 

Kevin Parton:

Totally. And you said something which I think comes only from having to reinvent yourself or pivot. Like I said before, a lot of times this comes from people who experience a traumatic event in their life. When you have to reinvent yourself, you start to learn that your skills are transferable. You’re not just the personal injury lawyer, you’re someone with resilience. Then you trust that whatever future you create is going to be a good one because you’re no longer trying to create a future you can predict. You’re being the best version of yourself today and one day you will get somewhere that you’re proud to be. It seems that it only comes through having to prove to yourself that you can reinvent yourself.

I’m going to jump ahead a little bit, because there’s been two moments in your life where what you thought would happen and what did happen were different. And those are quite pivotal. One is where you thought you might work at a large corporate law firm, and then 2008 happened. The second one being when BC Insurance law changed and then we had the pandemic, and all of a sudden you are reinventing yourself again. So, it seems like a bit of serendipitous circumstance, but like I said, many people get presented with those pivots and they choose the opposite. They cower, or they take whatever the safe route is. I think, going back to you being voted as managing partner of the firm, there’s something about where you see these challenges and think, yes it sucks but how are we going to get through this? You think first of the solution versus the problem.

 

Morgyn Chandler:

Absolutely, it is 100% your mindset and that is something that I’ve learned. When I look back, those are the two pivotal moments of my career that I absolutely credit with where I am now and I’m so happy with where I am now. But it is 100% about mindset and I think you have to be willing to set aside your ego to recognize that what you thought was going to happen, what you worked for is not going to happen. But you can either sit down and cry about it or you can get up and do something about it and find an opportunity and that mindset makes all the difference.

 

Kevin Parton:

There was a lunch that we went to where I was able to leverage you having gone through this for a time in my life where I was in that same boat, I wasn’t necessarily willing to let go of a future I thought I was going to have and was in a little bit of self-pity mode. So, maybe some advice I would give if you’re in a moment like that is seeking out someone who’s walked the path before, who can shine a little bit of light and can be that voice of reason when things seem dark. That was really helpful for me and maybe that will be the case for you.

 

Morgyn Chandler:

Yes. A little bit of self-pity is allowed. Everyone’s allowed a little bit, but it is what you do with it, and I think the difference with you is that even though you were going through that, first of all you have the self-awareness and introspection to recognize it and think, “Ok am I mourning the future that I thought I would have or am I mourning something else?” Asking people about their own journeys and their own struggles helps a lot, but you have to put your ego aside, be willing to listen and to see how other people have gone through it and how that might be the situation that you’re faced with. I think that’s the difference. Having a willingness to engage in a discussion at a difficult time when a lot of people just want to sort of go away and not talk to anybody and deal with it on their own. But you have to be willing to engage and to listen, because that’s probably the biggest thing that can pull you out of those moments.

 

Kevin Parton:

Totally. Well, you did pivot, and you got into estate litigation as a particular area of law. And this is kind of where the podcast focusing on financial areas and what you do in law intertwines most wholeheartedly. What are some areas that you find would be wise to prepare for, in your experience? And what are some stories of what can happen if they don’t? And maybe lead into that with how was your foray into the world of estate planning and what have you learned through that process?

 

Morgyn Chandler:

It’s interesting because estate litigation is, on the one hand, highly technical. You’re dealing with trusts, you’re dealing with tax implications, it’s a highly technical area of law. On the other hand, it’s so personal, because at the end of the day you’re dealing with people. And yes, you’re dealing with an estate and there is money and there is property and there are assets. But the key is you’re dealing with a family and you’re dealing with the family dynamics that have led up to that moment. So, when we talk about money, really, we’re not talking about the money. We’re talking about the family dynamics and everything that led up to that moment.

So, it was a great marriage between our technical legal skills and the empathy and compassion that we were able to bring from having worked with people going through really tough times in their lives looking for compensation because of injuries. For estate litigation, we’re dealing with people at a very difficult time in their life. Someone they love has passed away, so first of all, they’re grieving. They’re dealing with that, but they’re also dealing with the family that is left behind and the disputes over what should happen to the estate. So, there’s a lot of feelings, but you also are dealing with all this technical stuff. Having the background of knowing the law, and being excellent trial lawyers and having dispute resolution skills, was a perfect marriage.

So, that’s how we got into it and my partner, Krista Simon, who now leads our estate litigation. That had been an area that she was thinking of moving into and exploring for a few years before we did. Again, the impetus for that change was the change to our industry that was thrust upon us, and it was the push that she needed to make that move. We’ve all talked about this at the firm. It goes to show that comfort is the enemy of growth, right?

If you have no need to make a move, well, why would you? Everything’s fine. You’re good. And then along comes the challenge or the opportunity that you need, and it pushes you out of your comfort zone. As lawyers, we have a certain level of comfort with the law but still, running your first estate trial is very different, even though you’ve run 50 trials before. That was a challenge, but it was a great area for us to move into and very much aligned with our values and our purpose.

Estate litigation has proved to be an interesting area in the province of BC in particular because we have this unique ecosystem. We have WESA, the Wills, Estate and Succession Act, which sort of governs everything to do with wills and estates. That is a statute that has some peculiarities particular to BC – for example, allowing biological children or spouses to challenge a will. This comes up in the media a lot because at the end of the day, a person should be allowed to do what they want with their estate. It is their property, their business that they built. If they want to give it all to one child and disinherit the rest, well, why can’t they do that? WESA seems to suggest that you can’t, that in fact you need to provide some compelling reason as to why you would do that, or the court can actually step in and say, “Never mind that you wanted 100% to go to, for example, your son, we’re actually going to split it between all four of your children.” The court can do whatever they want.

I think some people feel like this is that an overreach. But at the end of the day, it doesn’t mean you can’t do it. It means that you have to put some thought into planning. I think that’s where our discussion is really important about what are the misconceptions about estate planning and what are the mistakes that people make.

I think number one is people don’t think about it, or they don’t think about it until it’s too late. It’s having to face your own mortality, which is a challenging thing for anyone. But it is our reality. All of us are going to die. We need to think about it now so that we can prepare for what happens. What I found really shocking is the number of high-net-worth individuals with complex corporate structures with multiple properties and developments and everything else, who have no estate planning. They just don’t have any.

 

Kevin Parton:

Do you suppose this is one of those things where comfort is the enemy of change? I hear the story time and time again, and I’ve experienced it, where especially if you’ve got a complex structure, you’re busy and you’ve got a million different things calling on your attention, so it’s really easy to say I’ll get to that later. That doesn’t diminish how important it is, but it makes time management a very justifiable reason to push it off. Unless someone dies in your life where you realize what can happen if you’re not prepared, the first time you’re going to be impacted by not preparing properly is when you die, and your family is then fighting over what’s left…

 

Morgyn Chandler:

…and they’re having to clean up. While I don’t do planning, speaking to my colleagues who do, they indicate anecdotally that a number one impetus for people coming to them and saying, “I need to talk to you about my will/I need to get a will done”, is because someone in their life has died – usually someone who is younger,  a surprise, nobody knew what was happening and all of a sudden, your mortality is very much confronting you. But for some people, that is exactly it. They don’t see it as a high enough priority to make the time. It’s one of those things that you put off until you can’t put it off any longer. But people need to think of it as a fundamental part of the human experience. You go to the doctor, you go to the dentist, you get your estate in order, because if you don’t, then the government dictates what will happen to it and that doesn’t sit well with a lot of people.

 

Kevin Parton:

I don’t think people like the government telling them what they can and can’t do for many things, let alone what they can do with your stuff when you’re not around to help.

 

Morgyn Chandler:

Sometimes, we have clarity at least on what happens if you have no estate plan. But I think an even worse thing that can happen sometimes is that people don’t update their estate plan. That’s a very common issue that we grapple with, is perhaps an individual was married, they had kids in that first marriage, then they got married again. Maybe they had more kids, maybe not. But they don’t update their estate plan, and that includes updating things like the beneficiaries of insurance policies and the like.

So, all of a sudden, you now have a subsequent spouse or subsequent children who are looking at this and saying, “Well, wait a second, that shouldn’t stand, that’s outdated. He did that plan before he even met my mom.” Or whatever it is, and yet you now have to engage in this very expensive and lengthy legal battle to try to set that aside or to prove intentions were different.

Look, I realize like I’m preaching and I don’t necessarily do this, but a will is something that you should be looking at once a year. You should diarize that and note down any changes. Do we have any new corporate entities? Do we have any new properties? Do I have a new spouse? Do we have any new children? Has our executor passed away, or are they no longer comfortable or competent to take on this role?

The choice of executor is a really important one, because first of all, it’s a very involved job. And yes, there is some compensation that they can receive for doing that job. But so often people say, “Well, I’ll just name, one of my kids, or maybe all of my kids, because that’s fair.” Well, that’s a mistake. You need your executor to be able to act and to be able to be nimble in that situation. And if you said, “Well, I’m going to name all three of my kids as joint executors because I want it to be fair.”, then you’re just creating so many difficulties for them after you’ve passed away. And the resentment sets in pretty quickly. All of these factors are things to consider.

I think absolutely at a minimum, once a year, you should be asking yourself if you need to update anything, and if yes, make the time to meet with your lawyer or whoever it may be to help you update your estate plan. That is probably the single biggest mistake that we see is people failing to update their estate plan.

 

Kevin Parton:

You raised a good point there. For those who do get a will, in many cases their circumstances are fairly basic. They may have a job, keep that job for 20 or 30 years. There’s less that might change on a year over year basis. And if that’s the case that you’re using to justify not doing it, or not updating it regularly – understandable. But if your situation is different (if we just look at business owners for example) there are a number of things that can change year-over-year. We see this with planning. You make projections and goals and then the next year, 15 things are different. Having a regular process by which you’re sitting down, and taking the time to review all of the moving parts is important so that you can go back to your otherwise busy life and focus on all the other things.

I realize we’re short on time here and we should have another conversation very specific to some of these stories, because I’d love to get into them, but I want to wrap this up in the way that I’m doing this now, which is circling back to advice for entrepreneurs.

You mentioned something early on about purpose, which is something that I really try and focus on. The more you can align yourself with a purpose or your values, the more the journey of entrepreneurship becomes both enjoyable and not dependent on a particular outcome. So, for people striving to find purpose, what have you done in your life to take stock and make sure that your decisions are being led by purpose or your values?

 

Morgyn Chandler:

That’s a great question. I think when I started truly thinking about it, I was always aware that people talked about values and purpose, and to me it was sort of buzzwords in the background and I thought, “Okay, sure.” But I think when you reach a certain age or a milestone, you get to a point where you have more self-awareness. You have more ability to be introspective and you do start to think about what drives me and what my purpose is. But first of all, it’s realizing you don’t need to overcomplicate it. Your purpose and your values can be really simple things, and they are very personal to you. But spending some time doing some reading or talking to people about their own values can be very helpful. Kevin, you and I have talked about this and had lunches where we will sit for too many hours and think about all of these things, but it’s so important.

I also think surrounding yourself with people who share that desire and that curiosity to think about and spend time on these things is really important because just naming and identifying your values is such a huge starting point and then reevaluating that as well. We’ve talked about a lot of re-evaluating, but just like your estate plan, it is important to look at it and say, “These are my values” that I set out. Maybe you’ve written them down, maybe you just have them in your head, whatever it may be, but they do change over time. They change with you. I don’t have kids, but a lot of my friends do, and I know that when you become a parent there is a change in how you see the world and how you approach things. As you get older, maybe you put importance on things when you were younger that you don’t put importance on anymore. One of the things that we had to look at when we were going through this reinvention of Hammerco is putting labels aside because labels aren’t serving anybody. Look truly at the function of what we do and for us, that was very much about wanting to help people. We want to give people a voice. Now that drives what we do and that drives our purpose. I think spending time on that analysis and giving yourself the freedom to think about your purpose and recognizing that this is equally important to your work as everything else that you do.

 

Kevin Parton:

I think that’s great advice, especially coming from someone who thought they were all cliche terms once upon a time.

The last question from an entrepreneurial perspective, maybe technical, maybe otherwise. What’s the most valuable advice you would share with leaders or entrepreneurs based on your experience now looking back on everything that’s happened in your life and the decisions you’ve made and the lessons you’ve learned?

 

Morgyn Chandler:

The greatest thing that I can offer is to listen. That is the key. That’s the secret – certainly it has been for me. That is the secret to my success because truly listening means you’re accessing all this information that you wouldn’t otherwise. It can be listening to your stakeholders, your clients, your employees, but you should be listening to everybody because they’re offering different perspectives which is so important. So, you don’t get stuck in an echo chamber. Listen to those offering insight into how we can be doing things differently. I think it’s a natural human inclination if something works to think, why change it? But people from the outside may be looking at that and saying, “Man, there’s a better way to do that”,  and you’re never going to know if you’re not listening and you’re not asking those questions.

As a business owner, so much valuable advice can come from your customers and your clients. They’ve seen it-they’ve been on the other side. That was true for me as a lawyer, and it’s still rings very true for me as a Managing Partner. To ask people in the community: What do you think of us? What are we doing that you like? What are we doing that you don’t like? How can we do better?

Our mantra is “Continuous Improvement” – getting better 1% every day, and that is largely because we listen. Then we take what we hear seriously. We think about how we can implement feedback. There’s lots of other things that go along with this, including embracing change and not being rigid, but truly listening is so important. I won’t say it’s a lost skill, but I think it’s really hard to do. It’s really hard to do in this environment where you’ve got so much coming at you all the time. It’s hard to carve out space with no distractions and listen truly and get that feedback and then think about what can I do with that. That is the key to so many great changes that we’ve made.

 

Kevin Parton:

Alright, make space to listen and actually listen. Great advice there. So, before we wind up for anybody who is listening and might want to get in touch for proactive or reactive reasons, where do they find you and how do they go about getting in touch?

 

Morgyn Chandler

Yes, absolutely. I love having conversations just like this, so please don’t hesitate to reach out. So hammerco.ca is our website and you can find my contact information there. You can send me an e-mail, you can give me a call. You can also find me on LinkedIn, Morgyn Chandler.

 

Kevin Parton:

Fantastic, Morgyn. Thank you so much for making the time today. I get the selfish privilege of having lunch with you once in a while and doing this, but I love that we were able to record this and share some of your story with everybody else.

 

Morgyn Chandler:

Thank you, Kevin. That was great.

 

#28 Q3 2024 Market Outlook with Keith Allan

Friday, November 1st, 2024

In this quarter’s Polestar Podcast by VELA Wealth, Kevin Parton and Keith Allan unpack the highs, lows, and surprises of Q3, setting the stage for what to expect in Q4. From interest rate cuts that could spark a holiday spending spree to the skyrocketing appeal of gold amid inflation worries, they dive into trends that matter. Also, they discuss TD Bank’s $3 billion fine in the U.S. for money laundering—how will this impact one of Canada’s largest banks?

Keith also shares valuable insights on modern portfolio strategies, moving beyond traditional approaches to include non-traditional assets that offer a fresh edge in today’s unpredictable market. This episode is full of timely insights for those looking to stay ahead in the investing world. Don’t miss it!

 

 

Kevin Parton and Keith Allan cover the latest in financial markets with some compelling highlights:

  • Q3 Market Trends: How did the typically quiet summer months shape up, and what might that mean for Q4?
  • Interest Rate Shifts: With new cuts in Canada and the U.S., they discuss the potential impact on holiday spending and the broader economy.
  • TD Bank’s Record Fine: A major headline in finance—how will this affect TD’s reputation and future growth?
  • Gold’s Unusual Surge: Gold’s standout performance this year prompts a closer look at its role in portfolios.

 

About the Guest – Keith Allan

Keith Allan is a Portfolio Manager with Harness Investment Management. Harness has engaged in a strategic partnership with VELA Wealth and provides discretionary portfolio management for many of VELA’s clients. With more than 15 years of buy-side investment management experience, Keith brings a wealth of knowledge and experience to provide insight and guidance to clients regarding their investment portfolios. At Harness, Keith is responsible for developing and maintaining investment portfolios for VELA clients. To learn more, please visit Harness Investment Management team page.

 

About the Host – Kevin Parton

Kevin Parton, CFP professional, specializes in personal and business financial planning, tax reduction, and estate planning. Kevin is diligently concentrating on client education as a powerful strategy for building financial certainty. As no financial situation is the same, Kevin and his team monitor clients’ plans and implement personalized strategies to reduce their personal and corporate taxes, and protect their income, assets, and loved ones against the financial consequences of a serious illness, injury or death, ensuring clients maintain financial certainty and peace of mind. To read more, please visit the VELA team page.

 

The episode is also available on:

  

  

 

 

Disclaimer

The information provided in the podcast transcript is designed for general informational purposes only and is not intended to provide specific advice or recommendations for any individual or on any specific security or investment product.

 

The Podcast Transcript:

Kevin Parton:

Hello, I’m Kevin Parton, Partner and Senior Advisor at VELA Wealth, and this is the Polestar Podcast. I’m here with Keith Allen, Portfolio Manager with Harness Investment Management and Portfolio Manager at VELA Wealth. Hello and welcome back, Keith.

 

Keith Allan:

Hi, Kevin. Thanks for having me.

 

Kevin Parton:

Well, we like to connect every quarter to discuss what happened in the markets and look at some forecasts for the upcoming quarter, and anything exciting that has happened over the last three months. So let’s start there. When we last talked, we were talking about what was going to happen, what we predicted might happen, if you will in Q3. Some of that revolved around Q3, historically the sleepy quarter; people like to take the summer off, go on vacation. That’s not just specific to people who like to spend money and are not necessarily shopping, but hedge fund managers who would otherwise increase the volume of trades are maybe also not at their desks. Now that we’ve gone through Q3, how did that pan out? What happened in the last three months that aligned with that or maybe didn’t?

 

Keith Allan:

I think for the most part, the summer months kind of followed suit and we saw pretty much a steady to flat market throughout the summer coming out of the summer into the beginning part of fall sort of end of August into September. We did see some strength in the market. I mean we saw the TSX reached an all-time high. This was early last week and there was some momentum coming out of the summer months into September back to school, back to work. But as we’ve kind of approached October and head into October, you could definitely say that we’re starting to lose some momentum in the market and that’s not uncommon, but certainly, as I’ve said in the past, typically the Q4 months are traditionally quite strong. So we’ll see what happens. To your point, Q3 sort of hummed along the summer months, with not a lot going on and this year was much of the same.

 

Kevin Parton:

Well, there’s a few things that happened that I want to bring up and get your take on that happened over Q3 that were interesting. I just want to get your take on them and then we’ll take a look at some forecast for Q4 and some of the things that have happened recently that might influence that. One of the things that I want to cover is interest rate cuts. I was just listening to our last conversation and Canada had been the first country to cut rates, and US hadn’t followed suit well since then. Now the US has cut rates. So, what does that look like as it relates to the market in sort of immediate sense and how do you see this sort of new trend of rate cutting impacting the market?

 

Keith Allan:

Well, last week we saw that the Bank of Canada also cut interest rates by 50 basis points. So, we went from, I believe 4.25 the overnight rate to 3.75. So, they are kind of following suit there and that wasn’t unexpected. I think the consensus amongst most people was that there was going to be a rate cut and it was probably going to be larger. Their typical cut rate is a 25 basis point rate, so 50 basis points was somewhat expected and in fact I heard a lot of people talking about maybe a 75-basis point rate cut, which didn’t come to fruition. That being said, I do have a fair amount of confidence that the next time we will see an additional rate cut and possibly an additional 50 basis point cut. I think there’s more to come on that. What it means is that we have seen the market lose a little bit of momentum; unemployment numbers are creeping up, they’re the lack of GDP growth and just overall growth itself in the economy. Canada has slowed down a little bit and I think a lot of that is the impetus for the Big Canada to cut rates now and look to be cutting rates moving forward into 2025.  I think when we do see a cutting interest rate, the idea is that it will stimulate the economy, provide initiative for consumers to spend and borrow, and try and stimulate that growth within the consumer sector. As I’ve said many times on here, Q4 traditionally has that spending momentum, if you will, when you factor in all the upcoming holidays, the Black Friday, the Cyber Monday and Amazon Prime days, the Boxing Day in December; so, people traditionally like to spend during these fall months. So, we’ll see lower interest rates, lower borrowing costs, more access to liquidity, and more access to money and that should sort of help in that respect.

 

Kevin Parton:

Move things along, which is the idea and so I think it’s like I said, it’s it can spur business growth, which is exciting. It can also increase spending as people are spending money on debt and one of the other things that I would think happened and it’s come up in conversation is as well as interest rates go down, yields in sort of the fixed income or cash space go down and to where a lot of money was parked, getting a decent return, that return decreases that money is looking for somewhere to go now. Something worth mentioning is gold as an asset is coming close to 40% this year and there’s lots of conversation around it. People always hold some amount of gold in their portfolio for a haven. But historically, it’s kind of barely kept up with inflation. And this year it’s kind of on a tear. How much of that do you think has to do with the current economic environment versus how much of it has to do with geopolitical uncertainty? So, you think that with interest rates coming down, that gold stops being appealing? Is there a correlation between gold safety and people feeling stressed in the market and the economy?

 

Keith Allan:

Yeah, it’s actually a really good question, Kevin. I was at an investment management conference last week, and they talked a lot about alternative assets, nontraditional assets, and how to structure portfolios in today’s environment. The last session of the day was on commodities, alternative assets, crypto, real assets, and infrastructure, and the fellow that was speaking put an interesting quote up on the big screen from Warren Buffett, who you know is probably the most sophisticated, best value investor of our generation and has obviously done quite well, but notoriously is not being very bullish on gold. The quote says, “Gold gets dug out of the ground in Africa, or someplace. Then we melt it down, dig another hole, bury it again, and pay people to stand around guarding it. It has no utility. Anyone watching from Mars would be scratching their head.” We spend all this time taking it out of the ground, melting it down, putting it in the safety deposit boxes, paying these people to guard it for their lives, and it serves no functional utility in society, right? We have this fascination with it, and he can’t understand it. And he’s right. If somebody who didn’t know anything about human beings or planet Earth or how we function in the economy was watching us do this, they’d be like, “What is the big appeal?” So, he’s right in the sense that it has no functional utility. If you were to go to buy a car tomorrow or some furniture, you’re not going to take a bunch of stack of bricks of gold and pay for it. So, what is our fascination with it? I think the biggest thing is that it is a store of value, it is a natural hedge against inflation because gold holds its value and it has shown that throughout time now. To Warren Buffett’s point, and I’ve said this before, it does not provide any cash flow, it is a non-yielding asset class. So, you hear people that are super, super bullish on gold like you got to own gold, you got to own silver – that’s great, but it’s not providing you any meaningful cash flow, all it’s doing is holding its value. So, at some point in time, presumably, you’re going to trade it in for something else. You’re not just going to hold it until the day you die. It’s going to hold its value, and you’re going to exchange it for presumably cash at some point to buy things. So, do I think that there’s a place for it in everybody’s portfolio? Yes, I do think there’s a place for it because it is a diversifier. It’s a hedge against inflation. It holds its value. Am I super bullish on it like everybody else? No, because, again, it doesn’t provide that needed ongoing cash flow that most people need in their portfolio. To your point, Kevin, yes, it’s done incredibly well this year. You could say the same about other alternative assets. In 2020 Crypto did incredibly well, is there a place for it in your portfolio? I’ve gone on record saying that I’m not a huge crypto guy, I still I’m not necessarily a believer in it and I think there are a lot of holes in its functionality, but yes, if you’d like to have it in the portfolio, sure, as a diversifier. Same thing with the gold. I think the biggest reason why it’s done so well is because people are afraid of inflation, and traditionally gold has been a hedge against inflation. So, people drive the price up because more people are buying into it, because they think it’s going to hold its value. So, if all of a sudden there is a recession, I’ve got this gold that’s held its value and now I can get what it’s worth. We’ll see.

 

Kevin Parton:

It will be interesting to see if gold is this sort of thing that stays at this value or do the majority of the people who have invested in gold which is then driven up the value of the commodity, do not see inflation is coming down, interest rates are coming down and need to capitalize on the growth and then the market gets flooded. With gold, and now all of a sudden the value of gold comes back down, it will be interesting to see, and like you said, when there isn’t an underlying value to it, it’s not producing dividends. There isn’t a business you live and die by the price of gold. If you own gold today and then own gold in a year and it’s worth half as much, well, it didn’t matter that it was the highest it’s ever been today. You still hold it and it’s not pumping out dividends. So, it’s interesting how it fits in and again, given that it’s spiked this year, but has been a lagging sort of asset historically. I just want to mention it now because we’ll see in the next few quarters go on, if there does seem to be a correlation between the people’s propensity to buy gold and a high-interest rate environment, a poor economy, and if that changes, people then start to pivot, and we see gold maybe come down in value while other market segments spike.

 

Keith Allan:

Yee, and don’t forget, we’re talking about gold as an asset class now. You can own gold through instruments such as ETFs and gold stocks of gold-producing companies, and there are all types of assets, or you can hold and own physical gold which a lot of people do. There is a tangible aspect for people that do hold physical gold, you can see it, you can touch it, you can hold it, you can feel it. You have it. And that goes a long way with people, and that’s a whole other podcast we can talk about behavioral finance and the feeling of actually being able to touch and hold something, whereas like with the traditional stock. Back in the 1920s, you would have a stock certificate that you would put away in your safety deposit box, but everything’s electronic now. So, there’s no tangible aspect of it. You can hold 100 shares of Apple, but you don’t hold it. You don’t see it, you don’t touch it, it’s on a computer screen. So, for some people, that tangible aspect of holding gold is real. It is part of the fascination with it. I think a lot of people like that aspect of it.

 

Kevin Parton:

I get that. I have comments from people all the time.

 

Keith Allan:

Same as real estate – you can hold it; you can touch it. I see the house I live in. I own this piece of land; I can see it.

 

Kevin Parton:

I was just going to mention that. They understand people need to live in homes and it’s a lack of understanding of what ownership in a company means. What is a share? Well, that’s where people get spooked. The market could go to 0. That’s only said by someone who doesn’t understand what makes up the market. So, it’s a lack of understanding.

Something interesting happened in the last quarter that I wanted to talk to you about, which is the TD Bank. TD Bank got fined for a big money laundering scandal and they were fined $3 billion, which to my knowledge, is the largest fine in history of any. What happened? What do you expect to happen going forward and in the aftereffects of that, where does TD sit in the landscape of trustworthiness and reliability for Canadians?

 

Keith Allan:

Yes, pretty big news. I think it was about 2 weeks ago. That came out in the United States. It’s important that we get our facts straight. So, it was the US arm of TD Bank and over the last several years, TD has made a conscious effort to expand their business operations in the United States, particularly in the Southern United States. They were found guilty of money laundering effectively like funding some pretty shady individuals, cartels, drug trade, and things of that nature and we don’t need to go into the specifics of what, but the reality is that there was a pretty high-level cover-up and it was a kind of a no in secret amongst the regulators and the big industry that had been on this for a while. So, here they are with the largest fine. I think was over $3 billion along with some pretty heavy sanctions against it moving forward. Again, this was in the United States, not here in Canada. So, it’s important we differentiate between the two.

So, reputationally, TD Bank is taking a hit now. I’ll go on record as saying, I still have my mortgage with TD, and my wife and I bank there. I’m not about to pack up and move to another bank because as banks operate, they’re people overseeing different divisions and while the bank itself is one name brand, there is a separation of the arms and how this kind of came down the pipeline and where it was affected. So, it’s important to keep that in mind now, but it did cost the CEO of TD his job. Effectively, he stepped down or was asked to leave, or whether he knew about it or not, it happened on his watch. So,  the safeguards weren’t in effect. It happened on his watch and someone had to take the fall and he did.

We had a portfolio managers meeting last week and we actually have decided to add it to our portfolios at these price levels for a number of reasons, but most notably because although reputationally it has taken a hit, we still feel that fundamentally it is a very sound business. This happened and it doesn’t look great, but TD has been open in Canada for decades and is still sort of a staple in the Canadian financial industry, and a place where people entrust their money, their savings, their mortgages, their loans, and their business accounts. We don’t feel that’s going to change moving forward. I do feel and we as a portfolio management team feel that this is going to perhaps stall their growth in the United States with these sanctions coming down and some of the measures that the US regulators have thrown at them in terms of their ability to expand and grow in the United States, that’s obviously going to affect their balance sheet moving forward. But still, at these prices, we feel it’s attractive. As far as you know, things that are important to investors are their dividend. Based on our research, we feel like this isn’t going to impact, they increase their dividend year over year, and we feel that’s going to be the same going forward. Is it going to increase as much next?  Maybe. Maybe not. But that shouldn’t be impacted and it’s at a pricing level that we feel is very, very attractive from a ratio analysis and just looking at the fundamental aspects of the company.

So, well, let’s call a spade a spade; it’s not a good look for TD regarding what happened. It sounds like they’ve taken the necessary steps toward addressing the people involved, who have obviously been punished, and they have implemented the necessary measures to prevent this from happening again. I think it’s important, again, to differentiate between what happened down in the United States and TD’s operations here in Canada, as they are two separate entities, although they all fall under the TD brand

 

Kevin Parton:

Totally. Well, I wanted to bring it up as I had a number of conversations last year when Silicon Valley Bank went under as well as a couple of other private banks. People were viewing a bank going under as like an entire banking industry recession. There were very big differences between segmented banks and US banks and Canadian banks and what would happen over there in regulation. So, seeing TD, what does this mean?

 

Kevin Parton:

So, how does the U.S. branch differ from the Canadian branch? What does that mean? Was this just an internal issue that didn’t go well and is now tarnishing the brand, without really changing how the bank operates? It’s not the first time, after all. You need to look these things up—it’s par for the course in this industry. It wasn’t that long ago that we were talking about the Panama Papers with RBC, the largest bank in Canada. You have to google to remember exactly what that was. You don’t want to see it, but it happens.

I think what’s important, like you said, is what is the bank doing now to kind of fix that. Are they removing the people who are involved? Are they putting systems and processes in place and are they looking out the front window? Seeing how can we continue to grow and rebuild that brand going forward, and seems at least in the early days.

 

Kevin Parton:

They are two more things that I wanted to get to before we are able to wrap this up today. In the next couple of weeks, we’ve got an election coming up. By we, I mean, we as humanity. It’s happening in the States. What have elections meant for markets in short term? Is there sort of a forecast on what happens to the market over the next couple of quarters if it goes Democrat versus what happens if it goes Republican?

 

Keith Allan:

Well, we saw the last time that Donald Trump ran for and won in November 2016. The short-term effects of a Republican win were positive for capital markets, right? It’s no secret that Trump is a capitalist. He is very pro-business and pro-U.S. business. So, this means lower corporate tax rates and more profits in the pockets of big companies, which should lead to higher earnings and, hopefully, higher payouts. Not always, but higher earnings typically result in more money invested back into the business, which, in turn, should lead to an increased stock price. As anyone knows, the price of a stock is the discounted future value of any cash flows, and if those cash flows are forecasted to be larger moving forward, that will ultimately increase the current stock price. So, in the short term, that’s what it could mean.

Now, in the medium to long term, there are a lot more unknowns. Again, it’s no secret that he has a very protectionist view of the U.S. economy. Tariffs, such as “pro-U.S.” and “buy U.S.,” along with keeping everything sort of closed and in-house, do not lend themselves nicely to overall growth in terms of the U.S. and what it means globally. Many companies in the U.S. rely on global trade and attracting global customers. So, if trade slows down suddenly due to protectionist views and tariffs, that may be detrimental to the growth of the economy in the long term.

As for the overall global economy, typically, as I said, in the short term, if we see a Republican win the election, we can expect some stimulus in the capital markets and potentially an extended bull rally. Democrats are sort of the reverse. Right now, I think the Democratic view has been a little more right-leaning than traditionally, in terms of some of their economic views. But, like I said, if you’re just looking at it as blue versus red, Democrat versus Republican, traditionally, a Republican government has led to more growth in capital markets in the short term than a Democratic win. So, we shall see.

 

Kevin Parton:

Well, it will be exciting to see, nonetheless. The things that continue to come up as we have these conversations—and as I’ve looked at the markets for 15 years—are that the forecasts are great, but a lot of it is really unpredictable. Timing seems to be something that no one can get consistently right. So, there are two things I want to finish off with. One is portfolio management strategy. When you’re looking at the markets as a whole and having conversations with your team, what has happened over the last quarter that impacted how you might be designing a portfolio, and what are some of the things that you’ve changed? This way, people who are listening can understand what is happening within a portfolio. Then I want to move to asset allocation because I think those are two distinctly separate things. One is what’s in the portfolio, and the other is what percentage of your assets are in different types of portfolios. So, we’ll start with portfolio management: what’s happened in the last quarter that you and your team are looking at, and how does this change how you design a portfolio?

 

Keith Allan:

That’s a really good question. As part of the seminar conference that I attended last week, we were discussing ways to be nimble and pivot in terms of how we build out portfolios for our clients. As I’ve said in previous podcasts, the typical 60/40 or 70/30 portfolio is kind of antiquated, right? We don’t look at investing in clients the way we did 2-3 decades ago. You can’t really achieve true alpha in a portfolio nowadays by doing that. So, what can we do? How can we be elastic? How can we be flexible? How can we build our portfolios by mitigating our risk, staying within our risk tolerances, and ensuring we’re not taking undue risk in a client’s portfolio to achieve that alpha, while also diversifying enough to fulfill our responsibilities as portfolio managers? We are not going to act as if, “Hey, I don’t care what this client’s risk appetite is.” You can’t build a portfolio that way, right?

So, what are we doing? We’re looking at other ways to build value and diversify. Whether it’s nontraditional fixed-income solutions—we talked a lot last week about using corporate debt from other countries, such as global debt from South America, Europe, or emerging markets—to find alternatives beyond traditional U.S. corporate bonds. Can we find value in debt from other countries where we may not have previously looked? There may be uncovered value.

We discussed a little bit about gold; can we use commodities, real assets, gold, energy, infrastructure, or farmland to build out portfolios in a non-traditional asset class that would hedge against volatility in equity markets by utilizing private assets? Private equity, private debt, and private real estate carry some risk every time you invest in them, but they also act as a hedge against traditional equity markets and can uncover meaningful value for clients in private assets if they’re willing to accept the parameters that come with it, where your capital is tied up for several years and there’s not a lot of yield there necessarily, but there’s potential for capital growth. It hedges against traditional asset classes, so it’s uncorrelated.

Then there’s the use of derivatives, right? Put-call options. Are you able to write puts and calls and collect the premium on them, and hedge against them if you’re in or out of the money, depending on whether you’re long or short the option? These are ways where you have to become, I wouldn’t necessarily want to say creative, but you need to think outside the box to try to add value from an asset allocation standpoint and diversify what we’re doing for clients, rather than just saying 60% equity, 40% corporate and government bonds, and then washing your hands of it and being done. No, that’s not going to work.

 

Kevin Parton:

Totally. Well, it’s good to hear because I think it’s really helpful that there are multiple parts to building a portfolio if one is to have one or is working with someone to do that. What makes up the equity component? What makes up the fixed income component? What makes up alternatives and cash, and how is that being managed on an ongoing basis to not only be advantageous now but to change with the times in a meaningful way that happens over time?

The other aspect is asset allocation. So, you, as the person who’s investing, need to know how much of your money should be in that equity component versus that fixed income, and that has everything to do with your time frame and your goals—what’s important to you and your appetite for risk. You don’t want to be in a position where you’re so concerned about what’s happening with interest rates—wondering, does that mean I need to get out or stay in? We built this model for you based on your time frame. So, if you have short-term goals, you have enough in short-term reserves. If you’re a long-term growth investor, you’re in the markets, and prices will go up and down.

Even more importantly, I think the significant reason that market returns, portfolio returns, and real investor returns are often so far apart on average is that people behave in ways that contradict the outcomes they want. So, you can have a great portfolio and the right asset allocation. If you don’t have the ability to stay focused on the ‘why’—the end game—and you’re not working with a partner who can help you talk you off the ledge or invest when the opportunities are there, those are kind of the three major ingredients to a recipe for success within the markets. So many people don’t get all three of them right and are left in a worse situation, with a sour taste in their mouths.

I like to end this conversation by focusing on the fact that portfolio construction is really, really important. That’s what you and your team are doing. Asset allocation is also key. Talking and figuring out where your money should be, and then having meetings regularly: Why am I invested? Why does this portfolio make up part of my overall assets? How does it make sense? Why should I stay invested? Why should I invest more? And then coming back to it on a regular basis.

So, I’ll end on that note. Thank you again, Keith, for taking the time. I love going over what happened in the last quarter, and with each quarter having more interesting developments, I’m really looking forward to talking to you in the new year.

 

Keith Allan:

Of course. Thanks for having me, Kevin.

 

Kevin Parton:

Cheers.