Canadian Lawyer

June 2022

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 39 is now piloting in-store fulfilment or "click and collect" programs at some of its Atlantic stores. "The legal team accelerated all of its efforts to help the online business grow at a pace that we thought would take years, but it was really forced upon us very quickly," says Nathanson. Demand for Voila has persisted, despite the easing of in-store pandemic restrictions. Supply chain challenges have been a roller- coaster throughout the pandemic for grocery retailers, as global shipping was disrupted by closed ports and poor weather conditions, and the cost of shipping rose as a result. "Supply chain was pushed in ways that we never thought it would be, and my team responded remarkably well, with great resilience," says Nathanson. Nathanson's team had to re-examine every supplier relationship and the way in which the company operates from its distribution centres. The team rose to the challenge of being creative advisors and adapting as the business adapted. Retailers have accelerated innovation strategies to continue reaching consumers through new channels in a competi- tive market. Sobeys was the first grocer to pioneer a "smart cart" that allows the shopper to scan directly from the cart. In other initiatives, the legal team at Sobeys led the charge last year – together with Food, Health and Consumer Products of Canada – to put forward a supplier code of conduct that aims to govern the relation- ship between retailers and suppliers. "It's a huge undertaking that has never been done in Canada," says Nathanson. "Now we realize that a harmonious rela- tionship between retailers and suppliers just serves the country much better. When you're not fighting over fees and fines it increases your focus on a stronger, collabo- rative relationship." As the world slowly settles into a less-transient phase, grocery retailers are monitoring which trends will continue for the long-term and which may be phased out in the post-pandemic world. "One of the things we've noticed during the pandemic is that our business is much more digital and much more data-driven than ever before," says Henn. "We're increas- ingly becoming a data company alongside our physical grocery and pharmacies." One of the challenges for the legal team is to collect and process data, and to use it to create insights that will add value to customers, Henn says. Privacy and cybersecurity have never been more crucial, he adds. The legal team has to stay nimble to support Loblaw's evolving businesses, such as the launch of an emerging health care business called PC Health. "My team are increasingly having to think about the services they are offering in a different way, to be creative and stay close to the strategy of the business," he says. "Our strategy is to make sure that no matter how and where customers want to shop, we have a really good strategy that works for them." In the years ahead, the grocery retail sector will continue to seek new ways to innovate and reach customers, according to Nathanson. He anticipates an increase in personalized offers and loyalty that will drive customer behaviour. "We've seen a lot of innovation behind the scenes with analytics and data usage, but we haven't seen a ton of customer- facing innovation," says Nathanson. "I think that's what will start to become apparent in the next few years." "My team spent a lot of time supporting the business and asking the right questions to understand legal risks for the first time on things that have never been done before" Nick Henn, Loblaw Companies Inc.

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