Professional Documents
Culture Documents
30
years
Rob Cutler, Vice President of Business Innovation and Chief Product Officer with LTSA
THEME:
BC Notaries
WHAT WE DO AND OUR PROFESSIONAL FRIENDS
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 5
CEO,
BC NOTARIES
ASSOCIATION
Sharing
T
he British Columbia sponsors to work in collaboration members, sponsors, and exhibitors to
with the BCNA, with both ProSuite our in-person Continuing Education
Notaries Association is and Stewart Title adding curriculum Conference taking place at the
pleased to recognize our for modules within the program. Sheraton Wall Centre in Vancouver.
partner organizations in this Information-sharing is another We look forward to re-engaging
edition of The Scrivener. important opportunity among allied as a professional community.
professions. The BCNA provides The BCNA will closely monitor
Like practising Notaries, the electronic circulars such as the and implement public health
Association relies heavily on our Partners Update and Notice to recommendations to ensure that
relationships with allied professions Members that often utilizes statistical the Conference is welcoming for fully
for encouraging innovation, access to information on the real estate sector vaccinated attendees.
shared information, and partnerships. provided by the BC Real Estate In the event that a Provincial
Both The Society of Notaries Association. Health Order is implemented
Public and the BC Notaries The BCREA generates regular prohibiting a group meeting, the
Association participate in the and comprehensive updates on real Continuing Education sessions will
Land Title and Survey Authority estate markets from across the be revised to a virtual format.
Stakeholders Advisory Committee. province. The BCNA also participates While we welcome the arrival
That relationship ensures Notaries on the Real Estate Stakeholders of the New Year, it is clear that
have a voice in the development Networking group, which is informal challenges remain ahead. There will
of new products and services and and meets occasionally to discuss not be a return to a pre-pandemic
opportunities to make improvements matters of mutual interest. style of meeting or conducting
to existing LTSA services.
We also have unique business anytime soon. We have
In recent months the BCNA has relationships with organizations such learned from COVID and recent
been consulting with the LTSA on the as the Canadian Mortgage Brokers natural disasters in British Columbia
development of a Conveyancing Association of BC, where we offer that we need to be vigilant and plan
Training program for notarial advertising between Associations on for resiliency as we move forward.
administrative staff. While the a reciprocal basis in our professional Just as all professionals have
LTSA does not provide a dedicated magazines. made changes in the way we interact
training environment for new users,
These few examples of working with clients in an effort to continue
there are several videos available to
help conveyancers understand the together cooperatively across providing the best service possible
systems and required forms related professions illustrates not only a while keeping the economy of BC
to land title transactions, and we benefit to the organizations, but moving forward, we need to be
anticipate further dialogue on the also to all British Columbians who equally flexible when it comes to
possibility of the LTSA introducing gain from the commitment of those our understanding and support for
a limited training environment professionals to further educate one another, as individuals and as
for programs such as this BCNA themselves and be better prepared allied professions. We are all in this
initiative. The Conveyancing Training to serve their clients. together! s
program undertaking has also On February 25 to 27, 2022, the Respectfully, Chad Rintoul
seen opportunities for our industry BCNA looks forward to welcoming Chief Executive Officer
www.wildmanphotography.com
Camaraderie!
Val Wilson
Editor-in-Chief
T
he saying goes, gatherings at that time, it will be Akash Sablok is back.
great to be able to re-acquaint Please see his
“It’s not what you and visit together. I know we have Tech/Auto article
missed each other. It would be an on page 67.
know—It’s who you outstanding reunion.
know.” In the world of From page 35, Notary
The purpose of the Conference Greg Litwin tells his
business, both are true! is Continuing Legal Education. interesting life story.
The social aspect is a bonus to the
If you have met or spoken with
education agenda. Participants will Notaries all have stories.
someone and perhaps exchanged If you would like to share
delight in the extensive learning
personal preferences, when the yours, please contact
sessions, take meals together, and
time comes to do business together scrivener@bcnotaryassociation.ca.
have fun. Pages 31 to 33 in this
you have a feeling of closeness and
issue will show you the scope of the
even empathy for each other. That Our Scrivener readers always valued
education program.
makes the work more pleasant. the regular submissions from UBC
Law Professor Bob Reid. In this
Not a Notary myself, I was long- Attendance at the Notaries’
issue, on page 60,
ago accepted as a member of the Conferences has always been we are fortunate to
Notary family. I have been fortunate impressive—with a high percentage have Bob’s permission
to be associated with the Notaries’ of our total membership from all to rerun his “Walk
magazine since 1994 and Editor-in- around the province. The attendees Down the Mountain”
Chief since 1997. That represents are, in a word, eager to learn . . . article—the compelling
attendance at a great many for the good of all concerned! story of the horrific plane crash that
professional Conferences held at he barely survived. In his teaching
various venues around the province. BC Notaries respect and career following his recovery, Bob
The camaraderie appreciate the allied professionals broadened the knowledge of a
at those events is outstanding . . . with whom they do business great many property law students,
Notaries, staff, and often family on behalf of their mutual clients. including BC Notaries.
members often know each other It is so much more satisfying to be
happy in your work and cooperating
~
or seek to meet. That is the nature
with the other individuals involved The other day, a friend told
of BC Notaries.
in the process. me I look healthy, even although
We are scheduled to hold a medical-grade mask covered
our 2022 in-person Conference Our Spring Scrivener will tell the my face from cheekbones to chin.
in Vancouver from February 25 tale . . . was the 2022 BC Notaries The eyes have it? s
to 27. If all goes well for large Conference in-person or virtual? Please enjoy this issue!
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 7
PRESIDENT,
BC NOTARIES
ASSOCIATION
Daniel Boisvert
O
ne of the best rewards has A few specific examples over them to prepare the plan. Once the
the years have led to excellent registration of the plan has been
definitely been forging so business relationships. approved, the surveyor returns
many positive relationships • BC Notaries prepare Wills and the clients to me for registration—
with other professionals and other assist clients with certain aspects again, two professionals working
of their estate plans. Sometimes together to complement each other.
organizations with whom BC • Often, when we are asked to
an estate plan ventures into an
Notaries work on a day-to-day basis. area in which I do not practise. complete a sale of real estate for
An example is the use of a Family a person who is not a tax resident
When it comes to real estate Trust. Notaries do not currently of Canada, specific procedures and
transactions, there are some prepare family trusts—fortunately, holdbacks must be put in place as
obvious partners. Real estate there are many great lawyers out per the Income Tax Act of Canada.
agents and mortgage brokers are there who do. It often means the clients need
two of the largest groups. The real an accountant who can prepare
estate agents put the contracts the proper tax returns to receive
of purchase and sale together; When it comes to real estate a compliance certificate, which
the mortgage brokers make sure transactions, there are some is designed to protect the buyers
the financing is in order. At that of a property from the seller’s tax
obvious partners.
point, they hand their work over to liability.
us and we begin preparing all the I have been fortunate to
necessary documents together, • I send many clients to a local generate great relationships with
at the same time providing the lawyer for advice on family trusts; accounting specialists in that
sound legal advice required to often, once the trust is completed, area and, in turn, they have sent
complete the transaction. changes need to be made to the conveyancing and Will-planning
titles of a client’s real estate. clients in my direction.
During the process, we also
The lawyer then returns the clients I am sure that all Notaries
deal with insurance agents,
to me, to handle the real estate across the province have many
strata-property management
changes to the family trust. That more examples of relationships
companies, title insurance agents,
has been an excellent relationship they have built over the years that
accountants, lawyers, and other
for both the lawyer and for me complement each other.
professionals to ensure the deal and just one of the ways two
closes on time, while ensuring the The point of my article is that
professionals can work together to if you have questions about real
legal requirements of the contract complement each other’s practice.
have been met. estate or about Wills and estate/
• I have had a similar relationship family planning, direct your
I have to say that I have made with a local land surveyor. Clients questions to one of your local
dozens and dozens of professional may come into my office to ask Notaries. They can probably assist
contacts and friendships with so about assistance with a subdivision you but, if they cannot, chances
many people—all the resources plan application they wish to make are they have a great professional
required to close even the simplest with the City. I refer them to my friendship with an individual who
property transaction. local land surveyor who assists can take care of your needs. s
I
have noticed some new beyond where both parents feel to change their documents again
comfortable; they no longer want in the future; the documents are not
trends surfacing in estate to have him named as the alternate set in stone . . . they are fluid; we
planning. Over this past year, attorney in their Power of Attorney can change them as life goes on.
I have seen a subtle shift in the documents. The polarizing ideas around the
mindset of many clients. pandemic lead to questions about
who can make decisions for you if
They are re-examining their you are not able to make them.
Personal Planning documents The pandemic has created
The clients in my example had
to assess whether they have such a polarizing effect—it not yet done a Representation
appointed the best (or most Agreement. I explained that without
is causing families to reflect
appropriate) people in their legal one, the medical team would follow
documents. The four documents and re-adjust their Personal the statutory format for decision-
are Will, Power of Attorney, Planning documents. makers. In their case, if they could
Representation Agreement, and not make decisions for themselves,
the Advance Health Care Directive. their situations would default equally
They are looking at their Power to their daughter and their son.
of Attorney and questioning whether Dad added that their son has
joined a cult-like organization and That was shocking news
they have the right person appointed to my clients; they were jolted
as their attorney. Likewise, they are has become vocal against the
to move forward with drafting
re-examining their Representation pandemic and vaccination. Mom
Representation Agreements—
Agreement to see if their current shares that the son “isn’t a bad
appointing their daughter as their
representative’s views, beliefs, and person” but, in their world, he has
alternate representative, thereby
values align with their own. crossed the line.
limiting their son’s ability to interfere
For example, recently I had The pandemic has created such with the parents’ medical wishes.
parents return to my office to discuss a polarizing effect—it is causing As a reminder, a Representation
the options of changing their families to reflect and re-adjust Agreement legally appoints who can
Power of Attorney documents. their Personal Planning documents. make health care and personal care
The idea of changes always trigger As always, I tell my clients that the decisions on your behalf.
the question, “Why do you want documents I draft reflect their views I have seen seniors update
to change the documents?” The at that moment in time . . . they are their documents . . . and younger
clients were unsure about how allowed to adjust and change their folks, too, because they don’t want
much to share. Finally, the dad said documents as time progresses. their immediate family members
that their son had always been a I confirmed with my client that stepping in to make essential
little farther “right” than they are. the change in their son’s worldview personal and health care decisions.
His answer gave me the opportunity would justify an update of their A young woman in her late 20s
to ask, “What do you mean?” documents . . . their documents was very clear that she did not want
Mom continued with the story, must reflect their current values her parents or her sister making her
commenting that their son has gone and wishes. They are also allowed health care decisions . . . because
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 9
of their radical views. The young
woman said she wanted two very
good long-time friends—more
closely aligned with her values—to
make health care choices on her
behalf.
There are clear circles drawn
around the various opinions
circulating about COVID and people
are identifying with the different
ideas. The virus is creating the
opportunity to re-examine who
they want to support them if there
UNSTOPPABLE
is a medical crisis and to revisit,
re-examine, and carefully select
the best people to support them,
LEGACY if required.
Specifically with a
INCLUDE A GIFT IN YOUR WILL Representation Agreement, I always
say you want to choose someone
Please contact Yolanda Bouwman at 604 585 5509 or who aligns with your values and
Yolanda.Bouwman@fraserhealth.ca beliefs—someone who aligns with
your heart’s centre.
SurreyHospitalsFoundation.com
The trend of updating
documents and adding missing
documents to your Personal
Planning portfolio is a significant
movement. I feel it will continue
well into 2022, as more people will
Every day.
look to BC Notaries to help draft
and update their Personal Planning
documents.
Every matter. Representation Agreements will
become more of a focus for people
We're here for you. so they feel confident they have the
right individuals in place to make
health and personal care choices
on their behalf. s
Powerful and flexible conveyancing solutions Notary Morrie Baillie focuses
built for BC legal professionals. exclusively on the realm of Personal
Planning. One of the Statutory
Examiners for the new Notaries
(Personal Planning), Morrie is a
committee member for the British
Columbia Law Institute (Undue
Influence Committee), and is Vice
President of the BC Notary Association.
She has recently joined the dynamic
dyedurham.com/solutions/conveyancing-workflow-software team at Salvador Davis, serving
Sidney and the surrounding areas on
Vancouver Island.
Conveyancing in BC
Rimpy Sadhra
B
C Notaries offer a variety a hug, a laugh, or even a few Like many other Notary
thoughts. I know we have missed practices, our office offers a variety
of legal services including being able to give comfort to each of notarial services. We handle
notarizations of various other, especially since we have residential conveyancing for sales,
documents, preparation of all been going through the same purchases, refinances, private
challenges. mortgages, leasehold properties,
Wills, Powers of Attorney and and family transfers.
Representation Agreements, Conveyancing is a big part
independent legal advice, and We have worked of our practice. With multiple
real estate conveyancing. offices and Notaries, it is crucial
longer days with that we maintain strong organization
Conveyancing is the process remote staff or no skills and communication between
of transferring the legal title of staff at all during our Notaries and our staff. We
real property from one person the pandemic, while continuously update our intake
to another. That transfer of interest sheets, checklists, and digital-
dealing with one of
is known by the majority of the file organization so we may easily
public as buying and selling a the hottest real estate access any file from any of our
property. markets! offices. That allows us to be on top
As trusted and well-trained legal of our files and readily available
professionals, BC Notaries have to assist our clients efficiently and
been extremely busy assisting the effectively.
BC Notaries have shown
public during the past 18 months resilience and strength. For that, We make it a priority to have a
in buying, selling, and refinancing I want to personally commend Notary contact the client to have an
property. Notaries have managed my colleagues for stepping up initial conversation. Being available
to keep pace with the needs of the to the plate and putting in those to coach and support our staff to
public while implementing new long days and countless hours. deal with clients and manage files is
office procedures and protocols Together, we have been able to an integral part of our work culture.
to adapt to new legislation and meet the needs of the public We connect with our clients
changing provincial health orders. in providing professional legal at the earliest opportunity so we
We have worked longer days services, particularly residential can set the expectations for the
with remote staff or no staff at all conveyancing. transaction. Spending a extra few
during the pandemic, while dealing Each Notary runs his or minutes at the beginning of the
with one of the hottest real estate her Notary business office transaction to explain the overall
markets! independently and uniquely. process goes a long way to ensuring
Like you, we Notaries have not Notaries have a very hands- a smooth transaction. That can be
been able to see each other face- on approach to each file and especially helpful to those who are
to-face to share a warm handshake, transaction. new to the conveyancing process
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 11
or who have not bought or sold For sales and refinances, BC Notaries are always on their toes
property in a long time. we must obtain a final mortgage to use the most current versions
There are several important payout statement (including any of the documents for their clients
parties involved in a conveyance applicable pre-payment penalties) to sign.
transaction and each party plays to determine the remaining balance As legal professionals who
a key role in the process. owing to our clients. handle a large percentage of the
For example, residential conveyancing work
in BC, it is our job to be current with
• realtors provide us the fully legislation. Notaries need to know
executed contract, addendums, all the information required so they
and commission reports; BC Notaries are may best inform, explain, and
• mortgage brokers and always on their toes advise their clients in legal matters.
lenders provide us mortgage to use the most The learning in our industry
instructions and requirements; is continuous. Well-trained staff
and
current versions
of the documents for members are essential to a Notary’s
• buyers and/or sellers provide us success. They help generate the
with their personal information. their clients to sign. confidence and trust of our clients.
The Notaries are responsible A strong Notary Practice requires a
for obtaining and confirming that strong team that can work together
the correct information is received. to assist in meeting the needs of
That is the most crucial part of the clients.
Clients rely on Notaries for
entire process. We conduct our due accuracy when preparing their legal New Course
diligence through searches and documents. That is why it is helpful On that note, the BCNA is excited
enquiries and confirm the details to have as many of the required to introduce a new course for
that have been gathered from the details in hand as soon as possible Notary staff, offered in early 2022—
various parties. from the parties involved. an introductory conveyance course
Once all the mortgage and for support staff. The course will
title legal documentation has been be ideal for those who are looking
prepared, we meet with our clients to work as conveyancers or staff
to sign the paperwork. On the date wanting to grow into that role.
There are several of completion of the transfer of title The 5-day full-time course will
important parties or mortgage refinance, Notaries be delivered through a combination
involved in a register those transactions at of Zoom and face-to-face teaching.
conveyance transaction the Land Title Office and report It will focus on the administrative
to all the relevant parties in the conveyancing process and provide
and each party
transaction. We do that type of the students with the basics of
plays a key role careful detailed work every day, preparing conveyance files. I am
in the process. all day! personally excited to be a part of
I recently passed my 10-year this new project and look forward
mark as a BC Notary Public. to its success.
I remember as a student talking As a Director of the BCNA,
We rely on municipalities about a “simple” conveyance. I personally acknowledge and
and strata companies to provide I have not yet seen a “simple” appreciate the hard work of my
necessary details for all the conveyance but I have seen Notary colleagues over the last
required adjustments so we can less-complicated conveyance 18 months and look forward to
finalize the numbers. transactions. seeing them in person at our
When calculating the final down Buying and selling property is annual Notary Conference in
payment required for a purchase, not simple; laws are revised, new February 2022. s
we must consider all the strata fees, processes are introduced often, Rimpy Sadhra is a BC Notary with
tax adjustments, and provincial and the legal forms used for web- West Coast Notaries; they have offices
property transfer tax. filing are constantly being updated. in Vancouver, Burnaby, and Coquitlam.
Forging
Connections
Rob Cutler
R
eflecting on my career with the Land Title What motivates me now, and always has, is
connecting with people—including colleagues,
and Survey Authority of British Columbia
customers, and friends. For me, business is not just
(LTSA), I’m reminded of the adage that about making transactions but about connecting
“plans are useless, but planning is indispensable.” with people to imagine new possibilities and build
remarkable solutions.
I never planned to pursue a career in land
I’m sure many BC Notaries can relate—the work
administration but, for over a decade, I’ve been we do isn’t just about completing a transaction or
committed to achieving the LTSA’s vision of a real submitting an application; rather, it’s about the people
property market that is trusted and transparent. involved, the advice we can offer, and how we can
collaborate together with one another to make our work
The work has been easier and more interesting.
immensely gratifying as is the You know, for many years
opportunity now to make a We are continually listening I have been involved in choral
greater customer impact in my singing, and one of the things
current role as Vice President to the feedback of customers
I value most about singing
of Business Innovation and and stakeholders through a number in a group is being involved
Chief Product Officer with LTSA. of initiatives including advisory in something bigger than just
I joined LTSA in 2008 myself—the collective musical
committees, workshops,
as Vice President of Human result is greater than what we
Resources, shortly after the
and customer surveys. could each accomplish alone.
organization was created I am not a soloist, nor am I a
as a statutory authority one-man show with the work
by the Province in 2005. At the time, LTSA had I do at LTSA; I am part of a
a solid operating model but needed to evolve the team. That sense of connection and collaboration
business to achieve its mandate, meet government with others is something I really appreciate, both in my
expectations, and ensure long-term sustainability. work and personal life.
What attracted me to the work was the ability to influence Collaboration with our customers and bringing
change in a business at the initial stages of digital different voices to the table is also of paramount
transformation. Over the years that followed, we brought importance to LTSA. We are continually listening to
together an extraordinary group of people who have the feedback of customers and stakeholders through
worked tirelessly to improve and modernize our systems a number of initiatives including advisory committees,
and operations. workshops, and customer surveys.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 13
Customer input can also occur when we introduce want to understand what activity or event is occurring
a new or changing product. Depending on the situation, for our customers that we can help facilitate.
it might occur at a number of points in the process; Are they purchasing a house? Are they subdividing
during ideation, through development, or before a property? Once we truly understand those goals, we
implementation. Feedback is critical for maintaining can leverage our people and technology to develop
accountability, learning how we can improve, and for products and services that provide easy and intuitive
informing business priorities. As a customer-centric solutions for different customer segments, and present
organization, collaboration with customers and the functionality in a way that’s useful to the customer.
stakeholders is fundamental to how we operate and
essential for our continued success. For example, both Notaries and land surveyors use
LTSA’s systems in their work, but how and why they
Through our collaboration interact with us is very different.
with the industry, we know our As a result, the interface for our
customers are looking to LTSA systems needs to be unique
to help make it easier for them for each group so that every
to operate in the real property Notaries have an important role
customer can easily and simply
market. We are working in a in providing essential legal complete his or her work.
couple of different ways to services in BC and have always Notaries have an important
achieve this.
done so with integrity and role in providing essential legal
• First, we are services in BC and have always
strengthening our core accountability. done so with integrity and
systems—the systems that accountability.
real property practitioners
Notaries are often relied
and BC’s citizens have come
on to facilitate LTSA transactions
to rely on for trusted information. Technology is ever-
on behalf of property owners. At LTSA, we appreciate
changing and evolving, and initiatives such as Web
our working relationship with Notaries, which is built
Filing are one step toward streamlining our systems and
on open dialogue and working to find common solutions
increasing the efficiency, accuracy, and security of our
that benefit the public. We’ll continue to rely on Notaries
electronic filing system.
to provide us with feedback about LTSA products
We are continuously improving our systems with that they use, and how we can continually improve
incremental changes through an iterative process, the process to make real estate transfers efficient,
and striving to ensure that customer feedback is accurate, and secure.
incorporated in each step.
In the future, I see LTSA expanding to provide
• Second, we will grow our business in the public new information products and services that offer
interest by developing new business opportunities and unique value to our customers. Much like a realtor who
product innovations that solve problems for customers connects property buyers and sellers, LTSA has the
and society at large. We look to engage in opportunities opportunity to connect different parts of the industry
that provide a public benefit and support government by building land-based information products to give
initiatives such as increasing the transparency and everyone easier access to data and services.
efficiency of the real estate market. We can offer insights and information for our
Whether improving our products or developing new customers that increase transparency and trust in the
ones, we’re always considering the overarching purpose marketplace. We want to support the entire real estate
for the change—what is the customer trying to do and value chain and provide customers with an increasingly
how can we facilitate that? better experience.
At LTSA, we’re developing a different mindset on how There are many chapters still left to be written
we think about and develop our systems—instead of in LTSA’s journey and I’m excited about what the future
starting with LTSA’s objectives, we strive to start with has in store. I’m looking forward to working with
our customers’ goals in mind, to build the process and Notaries and others in our industry to position British
product from there. Columbia as a global leader in land registration and an
This approach means we’re now thinking beyond innovator in our field. s
simply building functionality for customers to make a Rob Cutler is Vice President of Business Innovation
specific transaction or to fill in a particular form; we and Chief Product Officer with LTSA
On Being Professional
Nigel Atkin
T
hese are times “heroes” . . . such as the young critical thinking and teamwork and
gods who showed up dangling from hone their ability to consume and
when professionalism above. communicate ideas effectively.
comes to the fore, when But the professional first- A commonly accepted definition
professionals reinforce their responders who did the rescuing by of a profession is defined by eight
well-deserved personal status— air or boat or truck were just doing
attributes.
the job they loved and were trained
the respect and admiration for, as were countless of other 1. Lengthy and predominantly
they’ve earned over time in the thousands of unknown individuals intellectual education
working their respective shifts—or
grateful witness of society and 2. Socially important and
just plain volunteering through the
their peers. necessary service
night, heroic in some instances.
3. Social elite
British Columbia has suffered Many doctors and nurses with
one of its most devastating years a history of exemplary service in 4. Creativity required and rewarded
in living memory. The individuals these COVID times have rejected 5. Intrinsically rewarding
and communities who have suffered the “hero” designation for the
a menu of grief this year know first- above-and-beyond hard work 6. Responsibilities exceed
hand some of those professionals they are continuing to do in these the bounds of business
who have stepped forth to help extraordinary times. 7. Formal recognition
them personally and collectively Numerous personal qualities
survive, get through, and build back. 8. Self-regulating
and behaviours in many jobs
Depending on who you are demonstrate effective performance BC Notaries are like-minded,
and where you reside, the list of and commitment. Professional well-trained, and disciplined
intertwined traumatic events causing presence, an individual’s individuals who uphold ethical
injury, death, and destruction seems confidence, dependability and standards and who hold themselves
almost never-ending. responsibility, ethics and honesty, apart through their unique service.
The commonality is the even appearance, often state They are well-accepted by the public
professionals who did their job. The professionalism, as well as what they for their specific legal knowledge
swift water-rescue technicians, the study and do.
in noncontentious areas of the
chopper pilots, the mayors, chiefs, Professionals in all walks of law. They base their professional
councils, and administrators . . . the life are recognized for their skill, services on the highest levels of
health care workers, paramedics good judgment, and being reliable. research, education, and training . . .
and ambulance drivers, our first Professionals pay attention to the
to serve the greater good. s
responders, the hundreds of drivers details of their work, indeed every
who “kept on truckin,’ ” and so aspect of their job. Nigel Atkin teaches the Evolution
many more individuals. Professionalism comes from of Public Relations course online at
Many people swept up in training, a positive attitude, and UVic. He offers onsite communication
highway landslides or forced to life-and-subject-matter experience. workshops to leverage human capital
evacuate their water-swept homes Beyond competence and well- and exploit the multiplier effect of
were rescued by their personal studied skills, professionals practice becoming better communicators.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 15
BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS
Professional Relationships
Chuck Salmon
A
harmonious relationship Through the relationship with Institute of Canada, BC Division;
has developed between the LTSA, the professions have and local Real Estate Boards. The
been asked to work closely with the seminars I undertook were mostly
the Association of BC CEO and staff to implement change dealing with water boundaries, a
Land Surveyors (ABCLS) and and provide guidance on future very complex subject. I also took
the BC Notaries over the past projects, all of which will benefit part in a seminar with Notaries,
many years. The Associations the professions in time. It was great lawyers, and title insurance folks
to participate in those projects about the use of title insurance,
have common ground in dealing sharing common interests and including the hazards of not
with the public relating to the providing useful direction. including a survey.
development of land and the The session I did with the
real estate profession. Appraisal Institute about water
As professionals it is our primary boundaries became very lively
Other areas where that when we started talking about the
goal to ensure we provide the public
with trusted advice for developing important relationship differences between title boundary
land and the purchase and sale of and present natural boundary.
will benefit professionals
a house and strata property. A very significant difference exists
is through professional in some areas of the province where
The founding of the Land Title water boundaries continuously
and Survey Authority (LTSA) in
development.
move.
2005 introduced a positive step
forward in all matters relating to Those communication
property ownership in BC. The experiences not only increase
structure of the LTSA included a Other areas where that knowledge, they develop
Board of Directors along with the important relationship will relationships with other
LTSA Advisory Committee. benefit professionals is through professionals. A follow-up from
professional development. I know that session kept me in touch with
The ABCLS provides
that recently a land surveyor a few of the participants for many
recommendations for two people
provided a valuable learning years thereafter, discussing ongoing
to be appointed to the LTSA
experience for BC Notaries on the professional issues.
Board of Directors and appoints
a person to sit on the LTSA role of a BC land surveyor. In the In BC, most property transfers
Advisory Committee. The BC past I have conducted a number are reasonably straightforward
Notaries Association also has an of seminars for other professionals. but there can be one transfer that
appointment to the LTSA Advisory The seminars were all well-received is messy and complicated based
Committee. Those positions at and provided valuable learning on uncertain boundaries. It could
the LTSA provide an excellent experiences for professionals be very useful to have a local
opportunity for the professional dealing with property ownership. land surveyor available to provide
bodies to provide input and to work The participants included advice on the area in question
closely together on all items relating the British Columbia Real Estate and the complications that might
to the LTSA. Association (BCREA); the Appraisal be lurking in that particular area.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 17
BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS
Brenda Southam
I
n the late 1990s, I began working in a not-for- Tom passed away a number of years ago and his son
TJ took the reins of the company. TJ trains governance;
profit organization in Saskatchewan—I really I have had the opportunity to train with him and it was
enjoyed the work. In the 20 years since, I have a great experience!
been an association executive. Back when I started at REIBC,
I thought I knew what real estate
When I realized I was was all about . . . I knew many
destined for the not-for-profit At an RI event, you can realtors. There are, however, so
world, I continued educating usually meet every person many different professions within
myself—I earned a Certificate that realm.
you require to complete
in Business Administration from I have been the EO of the Real
the University of Saskatchewan and
a real estate deal.
Estate Institute of BC (REIBC) since
the Certified Association Executive 2007 and enjoy every moment of
(CAE) designation from the Canadian it. I work with a group of people
Society of Association Executives. who are professional and hold the
As I began to understand the governance of not-for- highest degree of integrity—I am grateful for that each
day. The membership of the REIBC is comprised of real
profits more thoroughly, I worked with a mentor, Tom
estate professionals from all areas of real estate . . . they
Abbott Sr., owner of AMC – Association Management
are appraisers, analysts, Notaries, lawyers, developers,
Consulting. Also a CAE, Tom envisioned a world with a property managers, and property negotiators, to name
different type of governance—one where the Board and just a few.
the CEO work side-by-side, not in a hierarchy. Of course
My career here at the Institute has been very
we all know the CEO reports to the Board but, if those
rewarding. The diverse professionals all do something
professionals work side-by-side, they create the best a little different, It’s a great education for me and, after
possible organization. When governed well, it is a good almost 15 years, I am still learning what they all do.
organization. You can see it . . . They teach me every day . . .
• in the way things are done, • what it is to be positive,
• in what is projected to the public, and • to be all-in on something, and
• in the relationship between the Board and the CEO. • to have passion about what they do.
REIBC awards the RI designation to those REIBC members may interact with BC Notaries
professionals who have completed certain in-depth on a daily basis. Not every Notary knows an RI, although
property education and who have specific experience those who do have an instant connection. I hear many
in the real estate business. The RI designation stories about how an RI needed a Notary and looked
indicates that the person holding up a fellow RI (who is a Notary)
and the two were instantly able to
the designation is educated,
help prepare the legal documents
experienced, and connected.
for a property conveyance.
At an RI event, you can usually The advantages of the strong
meet every person you require Many real estate professionals connections among RIs are
to complete a real estate deal. will need the expertise of a BC unmistakable.
Over 700 REIBC members carry Notary at some time; it is highly Many real estate professionals
the RI designation throughout beneficial to both parties will need the expertise of a BC
the province and we have a few Notary at some time; it is highly
if the Notary is also an RI.
members in other provinces. beneficial to both parties if the
Notary is also an RI.
REIBC works to let the industry
know that hiring an RI means you BC Notaries are a Trusted
are gaining a professional person Tradition; RIs are your assurance
of excellence.
who is knowledgeable and who
has specific real estate education. The RI designation Between the two, the clients are getting the best
is the mark of excellence for people hiring a real estate service they can receive! s
professional. Brenda Southam is the EO of REIBC.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 19
BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS
Jason has also been an active “For years, BC Assessment had our market data and determined
member of the Real Estate Institute delivered our annual assessment property values to be uniformly up
of BC (REIBC) since 1994, having notices within a mostly stable in most areas of BC.”
served on the Board of Directors as market of gradual ups and downs, First founded in 1974 and
well as being elected President and then in the 2000s, percentage governed by a Board of Directors
from 2014-2015. It is through his increases suddenly started going appointed by the provincial
association with REIBC that Jason up in the double-digits each year,” government, BC Assessment is a
has gained an appreciation for the explains Grant. “In places such as Crown corporation that serves as
important work of BC Notaries. Vancouver, homes were rapidly
BC’s trusted provider of property
growing in value, reflecting the very
As an Accredited Appraiser assessments. It collects, monitors,
hot real estate market that has
with the Appraisal Institute of and analyzes data throughout
never really slowed down.”
Canada (AACI), Jason first joined the year and provides property
BC Assessment in 1991. Over assessments as per the Assessment
the years, he moved into various “When the pandemic Act for over 2 million properties
leadership roles including Greater across the province.
hit in 2020, we initially
Vancouver Assessor and then Vice “Our vision is to be a dynamic
President of Assessment with the did not know what and reliable assessment-services
responsibility for overseeing the to expect with the provider that supports strong and
province’s assessments for over 2 vibrant communities in BC,” states
million properties with a combined impact on the market,” Grant. “For everything from schools
value of more than $2 trillion. That and hospitals to public safety and
has provided him an extensive transportation to libraries and parks
“When the pandemic hit in
amount of experience with complex and rec centres , our assessments
2020, we initially did not know what
appraisal and related legal matters. provide the foundation of funding
to expect with the impact on the
During the 1990s, the market,” adds Grant. “But, it quickly for the important local services that
shifts in BC’s real estate market became apparent that there was we all rely on every day.”
were relatively uneventful. not only a heighted demand among BC Assessment independently
By 2004, Jason became the homebuyers during COVID-19, but and uniformly determines all
Greater Vancouver Assessor, also that demand was everywhere property assessments based on
just as property values began to across the province in communities their market values as of July 1
skyrocket—and have continued of every size. As we do with each each year. By early January, those
to do so almost every year since. year, we carefully analyzed all assessments are delivered to
each property owner as well as “Early in 2020, we quickly real estate market of 2021 will be
to local governments and other overcame all the obstacles we reflected in the continued upward
taxing authorities to determine the were up against, to maintain movement of property values
equitable distribution of property uninterrupted operations during throughout the province when
taxes. COVID,” recalls Grant. “I put the 2022 Assessment Notices arrive
“The most common question in January.
that I get is whether increasing “Most homeowners, regardless
assessments equate to an increase of where they live in BC, can expect
in property taxes,” says Grant. “It Consistent with past years, to see the strong 2021 real estate
is important to understand that only about 1 per cent of BC market reflected in their 2022
changes in property assessments assessments,” reports Grant, “the
do not automatically translate into
property owners appealed general rule being that your home
a corresponding change in property their 2021 assessments, assessment will be up noticeably
taxes. in value, which reinforces just how
reinforcing a high level
“How your assessment changes resilient our province’s real estate is
relative to the average change
of confidence among and continues to be.”
in your community is what may British Columbians. Commercial properties are
affect your property taxes. If your somewhat more complex with
assessment goes up 10 per cent, various sectors adjusting differently,
but the average increase for your depending on the lingering impacts
community was 15 per cent, then challenge to our people and they of the pandemic and pace of
you are actually more likely to see a responded resoundingly that we can economic recovery.
reduction in your taxes because the find a way to get this done; they did “Similar to homes, most
taxation distribution will be higher so with the same BC Assessment commercial and industrial
for those above the average, and reliability and accuracy that British properties can also expect notable
lower for those below the average.” Columbians have always depended increases, with some exceptions
To assist property owners upon.” such as office buildings.”
with that calculation, annual Consistent with past years, only In all, the Assessment
assessment notices provide the about 1 per cent of BC property Act includes nine property
percentage change for both their owners appealed their 2021 classifications, all of which BC
property as well as the average assessments, reinforcing a high Assessment must carefully
change for all properties within their level of confidence among British monitor, analyze, and evaluate.
community, typically being the local Columbians. That property information
municipality. is valued and shared with a
What can British Columbians variety of partners and customers
expect when they receive their
What can including governments, Indigenous
2022 assessment notices? British Columbians communities, university
First, Grant states that he has researchers, realtors, bankers,
expect when they
been extremely impressed with lawyers, title search companies,
the dedication and commitment
receive their 2022 and BC Notaries.
of the nearly 750 BC Assessment assessment notices? “At BC Assessment, we value
employees across BC who rapidly properties but we also greatly value
adjusted to the COVID-19 pandemic our relationships,” states Grant.
and—through innovation, agility, “We embrace partnerships and
and expertise—have managed For 2022 property we are committed to continuous
to deliver two annual assessment assessments, based on the July improvement in how we can
rolls in back-to-back challenging 1, 2021, valuation date, the best serve the needs of British
years. characteristically active residential Columbians.”
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 21
The Turtle Valley BCAssessment.ca
Donkey Refuge provides self-service
access to a free, online
provides a permanent home for over 100 Donkeys property-assessment
who are between the ages of 20 and 30 years. search service that allows
We are honoured to offer the Senior Donkeys in British Columbia anyone to search, check,
wonderful care and love as they live out their final years at the Refuge.
and compare 2022
property assessments
OUR MISSION STATEMENT
To Provide a Safe, Secure, and for anywhere
Permanent Home for abused,
neglected, and unwanted Donkeys.
in the province.
Turtle Valley Donkey Refuge Society
7877 Skimikin Road
Chase, BC V0E-1M1
In that vein, BC Assessment
250-679-2778
believes strongly in transparency
donkeyrefuge@gmail.com
Mocha Donations gratefully accepted.
with all its property assessments
easily accessible and searchable
Charity #822309001RR0001 | Tax Receipts Provided at bcassessment.ca.
“I welcome all BC Notaries and
all interested British Columbians
to visit our website in January to
search and compare the 2022
assessments for the province’s
2 million properties,” concludes
Grant.
BCAssessment.ca provides
self-service access to a free, online
property-assessment search
service that allows anyone to
Forever a search, check, and compare 2022
place in property assessments for anywhere
I
f a puzzle is a contrivance The stakeholders are many and Not only has the cost of not
designed to test our varying and have their own goals to finishing the puzzle in a satisfactory
meet. A piece of the puzzle might manner become prohibitive, the
knowledge and ingenuity, cost of making the puzzle itself
not arrive on time or might be the
it certainly is one of the better wrong shape, with potentially costly has escalated, both financially
definitions of a real estate consequences. And don’t forget and mentally. The stakes have
transaction. Frustration and the clock is always ticking; by the increased.
suspense can hover over completion date, the web must It only underlines that
be complete, the file finalized, the collaboration with our stakeholders
each puzzle piece as it is fit
property transferred. is a sine qua non. Working together
into place—or the attempt
as a team—where Together
thereto—and feelings of Each Achieves More—is more
exhaustion, relief, and than ever a crucial feature
satisfaction all accompany of the puzzle. Each piece
the end result. represents a partner who
is involved, with whom we
I exaggerate not. As a communicate and who is key
spider fashioning a web, the to our success.
Notary Public requests and
Have I, then, exaggerated
receives bits and pieces
when describing the feelings
of information and starts
generated by the trip taken
creating a file with many
documents that will ultimately and the destination reached,
lead to a sale or a purchase the work done, and the result
of a property. Far from just achieved? It is a “feel-good”
opening a box with pieces and moment for Notary, client,
a picture at the ready, the Notary and stakeholders when the
Public has to rely on many partners Puzzle-makers have to fit pieces puzzle is complete. The team can
to hand over essential information together in compliance with ever- celebrate and then it is onward
and, on his or her own ingenuity, increasing rules and regulations and upward to the next one! s
to achieve the result desired by the . . . and the pieces themselves Filip de Sagher is a BC Notary
client and dictated by the Contract have multiplied over time, making practising at Deprez & Associates
for Purchase and Sale. conveyancing more challenging. in Vancouver.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 23
BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS
13,000
Conveyances
To Date! Crumpet: The more
sensible older sister
A
s a Notary Public, I’d I didn’t have any clients. One of my not sure about me at first but, over
marketing techniques was to check time, they supported me and my
have to say my favourite business. I have just completed
the newspaper for houses for sale,
part of the job is closing search the title, and send a nice
my 13,000th conveyance here.
real estate deals. My favourites letter saying I was a new Notary I found it very helpful to build
are with first-time buyers—It’s looking for clients. friendships with many of the lawyers
in the Valley . . . they are allies of
so rewarding to be part of such mine. If my client requires a service
an exciting time with people. I am not able to provide as a Notary,
I used to like to boast I was I can always find the right person
At this stage of my career, I am for the legal job; I believe everyone
seeing my clients’ children buying Notary to the loggers but
appreciates that.
houses, so in many cases I know I have also become Notary
the family of the buyers. I have also kept my friendships
to judges, lawyers, realtors, with old bosses from Vancouver law
I have a good relationship firms . . . people that I have always
with most of the realtors with whom
and mortgage brokers.
admired and respected.
I work. I’m always very glad when It’s a nice feeling to be trusted
the clients choose to work with a I used to like to boast I was
by other professionals
realtor; I believe the realtor is an Notary to the loggers but I have also
integral part of the chain of events. for their real estate deals. become Notary to judges, lawyers,
They do a lot of the groundwork. realtors, and mortgage brokers. It’s
a nice feeling to be trusted by other
Many of our local realtors
I promoted myself as very professionals for their real estate
were born and raised here in the
Cowichan Valley and have been flexible with appointments available deals. s
in business for so long, they have after regular business hours. When Notary Patti Thomson practises
probably sold the same house I closed a sale, I would inevitably in Lake Cowichan.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 25
I enjoy providing I know I am not working
Personal Planning alone to make those transactions
services to my possible. By the time a client comes
clients as it is a to my office, he or she has seen
many other professionals who
nice break from
have all played an important role
the conveyancing in closing the deal, whether they
deadlines. are mortgage brokers, realtors, or
Interviewing other legal professionals and land
Rosalyn Mow
title specialists. I enjoy the feeling
clients gives me
of working together with those
great insight
professionals to make my clients’
into their lives; I can relate and gain
goals possible.
knowledge from many things we
discuss. My practice in Armstrong
serves the surrounding areas, which
Having realtors involved can is why this sense of community is
smooth the process of closing a particularly important to me.
real estate transaction. Beside I have close working relationships
negotiating the best deal for clients, with the local accounting firm of
they help guide clients from the very J. Armstrong Shapter Inc. and the
beginning to ensure they are aware mortgage brokers at Monument
of what to expect. Mortgages in Vernon. I think it is
Working alongside our important to build relationships
professional friends ensures that with others providing similar legal
services as well, such as our local
clients have the necessary guidance
law firms of Culos & Company,
and support during the largest
WilCo & Co, and North Valley
financial transactions of their lives.
Law. Whenever I need to seek
It is great to work together as a advice or extra help to better serve
team! s my clients, I first turn to those
Notary Rosalyn Mow practises professionals and the many others
in Vancouver. in my community. I have practised
in Armstrong for nearly 20 years
I love being part and I would be nowhere near as
of the excitement successful without the support and
my clients feel teamwork that comes from working
when buying or alongside others to benefit my
selling a home, clients. s
especially if they Notary Senad Sijercic
are buying for practises in Armstrong, BC.
the first time or A Notary firm
Senad Sijercic
as the last step that focuses
toward their retirement plan. on real estate
Those are often special conveyancing
moments for most people. I feel frequently works
so privileged to be able to assist with mortgage
them through the process. While brokers and
it’s exciting, I know it can put big relies on them
stress on them as well. Therefore, Cheryl Kwok to provide
I strive to provide efficient services correct mortgage
and constant communication instructions in a timely manner to
throughout. complete the transactions.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 27
Example: A mortgage broker We’re lucky to work with a realtor
Notary Jason Zhang MA, BSc, Mobile Notary Mary-Ann Mustonen- B. PERSONAL PLANNING
Regulated Canadian Immigration Hinds practises in the Lower Mainland. 1. Wills Preparation
Consultant, practises in Nanaimo. 2. Powers of Attorney
I am Surrey’s 3. Representation Agreements
I work mostly Senior Notary, 4. Advance Directives
with BC having opened 5. Wills Notice Searches
Assessment, my office on 6. Estate Planning
LTSA, mortgage March 1, 1981— C. NOTARIZATION /DOCUMENTS
brokers, now at the same 1. Affidavits for All Documents required
realtors, location for 40 at a Public Registry within BC
lawyers, and Leda Kwichak
years. It has been 2. Certified True Copies of Documents
other Notaries. my pleasure to 3. Execution/Authentications of International
have spent that time in the service Documents
Mary-Ann To be on the 4. Notarizations/Attestations of Signatures
Mustonen-Hinds of others.
safe side, BC 5. Insurance Loss Declarations
Assessment My 25-year Notary recognition 6. Personal Property Security Agreements
is a handy tool that I use to verify was presented to me at the 2006 7. Statutory Declarations
the address of the property being Notaries Conference in Penticton, 8. Authorization of Minor-Child Travel
purchased or sold. British Columbia. 9. Letters of Invitation for Foreign Travel
10. Passport Application Documentation
Of course I use LTSA for registering Our office provides a full
complement of notarial services D. BUSINESS
purchases, sales, and refinances.
1. Business Purchase/Sale
The staff people at LTSA are to clients, including real estate/
2. Commercial Leases and Assignment of Leases
awesome when it comes to manufactured home transfers,
3. Contracts and Agreements
helping me. mortgages, Wills, Powers of
As for my mortgage brokers Attorney, builder’s liens, statutory E. SOME BC NOTARIES PROVIDE
declarations, and other legal THESE SERVICES.
and realtors, I love working with 1. Marine Bills of Sale and Mortgages
documentations.
them . . . they take the same care 2. Marine Protests
in their work for the clients as I do. Working with people of all 3. Marriage Licences
They are always eager to say, different backgrounds and cultures 4. Mediation
“How can I help?” Sometimes, at is extremely rewarding. I take time 5. Real Estate Disclosure Statements
the end of a heavy day, I’ll phone- to visit clients in their homes, in
chat with them, going over the day’s hospitals, and in care facilities to There are Notaries to serve you
events, to tell them how much I further assist them with their legal throughout British Columbia
appreciate that they are there for documentations. For the BC Notary office nearest you,
me. They have become part of my I am delighted that my please call 1-604-676-8570
legal family, so to speak. reputation as an excellent Notary or visit www.bcnotaryassociation.ca.
And lawyers? Over the years I Public has stood the test of time! s Note: Not all Notaries provide all services listed.
have gotten to know great lawyers Notary Leda Kwichak Please check with your Notary before making
and their staff. practises in Surrey. an appointment for services.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 29
BC NOTARIES
The British Columbia Notaries Association looks forward to holding our Annual Continuing Education
Conference at the Sheraton Wall Centre in Vancouver!
We recognize that professional continuing education and advancement are fundamental to your
success as Notaries, and an important piece in ensuring the continued high standards of service that
the public has come to expect from Notaries as providers of non-contentious legal services. Our
thanks to members of the BCNA Continuing Education Liaison Committee for helping to develop the
seminar content for the program.
Given the public health environment it is more important than ever that we stay connected and
continue to learn and work with our key industry partners and stakeholders in order to move the
profession forward, and protect the public interest. We intend to provide this opportunity for our
members, sponsors and exhibitors in a safe and responsible manner. As such, all attendees will be
required to be double vaccinated, and should Provincial Health Orders mandate a change in format
we will offer the continuing education program virtually if in-person meetings are prohibited.
A conference guide is available on the BCNA web site, which includes the complete schedule and
important details regarding registration.
If you are a potential conference exhibitor, please contact Nicola Fossett for further information at
nfossett@bcnotaryassociation.ca.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 31
2022 FEBRUARY CONTINUING
EDUCATION PROGRAM
SEMINAR 01 - Saturday 26 February 2
CREDITS
RISK MANAGEMENT
QUANG DUONG - Mackenzie Fujisawa LLP
MARNY MORIN - BC Notaries Captive Insurance
Quang Duong and Marny Morin will discuss recent insurance claims, discipline decisions, and risk avoidance strategies
for members.
In this session, three notaries who have recently entered the profession discuss their experiences and issues that have
arisen in their practices with two experienced legal professionals, Notary Hilde Deprez and Lawyer Trevor Todd.
David will provide a general overview of corporate law and how it relates to Notaries working in their practice in
conveyancing and estate planning.
This session will be moderated by Rachelle and cover components of mental health and addiction. We will hear from a
Notary speaking about their specific challenges in practice. Sylvia from Humancare will provide a solution as to what
Notaries have access to through their society dues.
GOLD
global network of
professionals with
public records to
support business
transactions and
BRONZE
regulatory
compliance.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 33
ORIGINAL RECIPE
Laurie Salvador
Notary Retired
SERVES 4
Braised Short Ribs TIME: 3½ HOURS
I
am the son of a professional speaking a variety of languages, The “chip stand” was great.
predominantly Ukrainian, Czech, Mother and Granny cooked hotdogs
baseball player—My Polish, and German. I found it and hamburgers and made the best
Mother! fascinating. I believe it taught fries and milkshakes. The juke box
me tolerance and understanding was always playing. I remember
Evelyn Moroz, known as Evie
of others. pushing the potatoes through a
Wawryshyn, was a tenacious 2nd
bagger. She was inducted into the machine with holes; when they
Cooperstown National Baseball Hall came out the other side, they were
of Fame, the Manitoba Sports Hall “fries”—Holy cow!
of Fame, and the Brandon Baseball “Come on, you can do Mother and Granny were very
Hall of Fame. better than that. Put a little musical. Mother could play any
The film A League of Their pepper on that ball!” song “by ear” that she heard on
Own depicts the All-American the radio. One of them was always
Girls Professional Baseball League on the piano, with everyone singing;
of which my mother was a part. I helped by pushing the pedals.
Around the house, she used to sing My love of music was no doubt
As the son of a professional
that film’s theme song. inspired by those two very important
athlete, I was on skates at 2, hockey
In Chicago, Mother married stick in hand. At 4, I had a baseball women in my life.
Johnnie and had 2 children— batting machine that fired plastic Growing up in the country, there
my sister Linda and myself. balls to assist my batting skills. were many trees to climb and lime
Tragically, when I was only 10 I remember practice-pitching with kiln areas for playing—Tyndall is
days old, my father died. Mother my mother as backcatcher, “Come
was faced with some very hard on, you can do better than that.
decisions. Granny drove from Put a little pepper on that ball!” she
Manitoba to Chicago to take us would say.
back to her home in the town
Over the years I was involved
of Tyndall—population 300—
where I was raised for the first in all recreational and school sports
6 years of my life. and love them to this day, especially
the competition. Mother taught
Granny and my grandfather had me to respect each sport, to play
a big old house—a boarding house, fair, and while losing is never fun,
a confectionary/small general store, to always congratulate the winner.
and a “chip stand.” That taught me about teamwork.
The boarding house saw many To work as part of a team to reach
people of different nationalities your goal is very rewarding. Sister Linda, my mother, and me
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 35
Evelyn Moroz:
Women’s Baseball Pioneer
Evelyn Wawryshyn Litwin Moroz is in the National Baseball Hall
of Fame in Cooperstown, New York, where a special exhibit
honours the women pioneers of the sport.
Evelyn played in the All American Girls’ Professional Baseball League,
formed in 1943 by Chicago Cubs’ owner and chewing gum magnate Philip K.
Wrigley. The softball organization evolved into baseball and fastball (fastpitch),
thriving throughout the US until 1954. More than 500 women from Canada,
the US, and Cuba played in the League, which had 10 teams at its peak.
The movie A League of Their Own was based on the League—the film’s
Evie at 2nd base
theme is the song the girls used to sing.
A teacher at the time, Evelyn was scouted for
the League at age 21 in Winnipeg. Protocol was
strict. The ladies had to have chaperones and
feminine hairstyles and could not wear pants in
public. In the early years, the players had to attend
the League’s charm school, wear makeup and short
dresses, and visit the beauty parlour. They earned
between $40 and $100 a week playing daily games.
Evelyn has fond memories of her sporting life.
“Women were doing everything then,” she says.
Granny and my mother
“The women were doing what the men did because
they had gone to war. I kept in touch with some
of the girls. You make friends that last a lifetime.”
Winnipeg is home to the Manitoba Sports Hall of Fame, established
to honour Manitoba’s greatest athletes, sports figures, and teams.
Evie is in there, too!
Collector Alert: There is an Evelyn Moroz baseball card!
Autographed baseball card
With my mother, sister Linda, and my wife Teresa Statistics and batting averages
at the Manitoba Sports Hall of Fame
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 37
of Manitoba Commerce Program— I chose the Bank of BC, a When I asked how I could make
an extreme change, but I’ve always smaller bank, thinking I could a living witnessing signatures,
wanted to have my own business. rise to the top in no time. Well, Len explained the many services
That led to a banking career, with I didn’t get to be President but a BC Notary can provide. After
CIBC, Royal Bank, and the Bank I did progress well and received reviewing his Profit and Loss
of BC (now HSBC). a transfer to Penticton as their Statement, I thought it might
Travelling back from a holiday Administration Manager. I had work for me and we struck an
to Victoria, I passed through the reached my destination at last! agreement. As my mentor and
beautiful City of Penticton and friend, Len truly changed the
knew in my heart that was where course of my life. I will be forever
I wanted to be. Travelling back from a grateful to him.
Soon I resigned from the holiday to Victoria, I passed I have been practising as a
Royal Bank, packed up my truck, through the beautiful City BC Notary for over 35 years now
and headed west to Vancouver. and enjoy my profession very much.
of Penticton and knew in
Although I had sent résumés
my heart that was where I am a former Director of the
to several financial institutions,
I wanted to be. South Okanagan Brain Injury
I wanted to find a job at once.
Society and of the Penticton
I walked onto a construction site
Soupateria Society, aka our “Soup
in Delta where they were laying
drain tile and asked the foreman Kitchen,” for the past 25 years. I am
After 4 years, I was approached
for a job. “Can you dig a ditch?” known as The Chili Man—I cook
by Notary Leonard Neal who would
he asked. “Yep,” I said. That job chili on the first Friday of each
change my life forever. He was my
lasted a few weeks until a few of the good client at the bank. Over month. s
financial institutions came back coffee, Len said I should be a BC Notary Greg Litwin has offices
with offers. Notary Public. in Penticton and Oliver.
The Disposition
T
here are a surprising British Columbia gives the (c) an adult child of the deceased;
priority for funeral arrangements (d) an adult grandchild of the
number of estate disputes first to the personal representative deceased;
arising over the format (executor or administrator as the
case may be) of the deceased and (e) if the deceased was a minor,
of the handling of a deceased’s a person who was a guardian
not the spouse, unless the spouse
remains, particularly when the is also the personal representative. who had care and control of the
deceased and spouse were Section 5 of the Act sets out the deceased at the date of death;
priorities of the right to control the (f) a parent of the deceased;
of different religions. disposition of the human remains (g) an adult sibling of the deceased;
At common law, a spouse is or cremation.
(h) an adult nephew or niece
responsible for the funeral expenses
of the deceased;
of the deceased spouse. The rule The primary responsibility
originally only applied to husbands, (i) an adult next-of-kin of the
for insuring the burial of a deceased, determined on
but it was later applied to both
spouses since wives became deceased person now falls the basis provided by section
entitled to their own estates. on the personal representative 23(5) of the Wills, Estates and
of the deceased, who will Succession Act;
The common law was changed
by the introduction of statutes such in turn be entitled to an (j) the Minister under the
as the Cremation, Internment and indemnity for expenses Employment and Assistance Act
Funeral Services Act RSBC that or, if the Public Guardian and
in this regard out of the estate Trustee is administering the
governs the disposition of human
remains and the control of same. as a first charge. estate of the deceased under
the Wills, Estates and Succession
The primary responsibility for
Act, the Public Guardian and
insuring the burial of a deceased Control of Disposition of Human Trustee;
person now falls on the personal Remains or Cremated Remains
representative of the deceased, (k) a
n adult person having a
who will in turn be entitled to an 5(1) Subject to this section and personal or kinship relationship
indemnity for expenses in this section 8(3)(b)(i) [requirement with the deceased, other than
regard out of the estate as a first for authorization before funeral those referred to in paragraphs
charge. services or disposition], the right of (b) to (d) and (f) to (i);
a person to control the disposition 5(2) If the person at the top of
Where the estate is inadequate of the human remains or cremated
to bear the burden, a secondary the order of priority set out in
remains vests in, and devolves subsection (1) is unavailable or
responsibility falls on the person on, the following persons in order
responsible in law for the support unwilling to give instructions, the
of priority, right to give instructions passes
of the deceased. Thus, the surviving
spouse will be responsible for the (a) the personal representative to the person who is next in priority.
burial of a spouse, and the parent named in the Will of the 5(3) If, under subsection (1), the
for the burial of a child in the deceased; right to control the disposition
absence of a surviving spouse. (b) the spouse of the deceased; of human remains or cremated
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 39
remains passes to persons of equal (6) Despite subsections (1) to (3), The first priority is given to the
rank, the order of priority if the Supreme Court makes an personal representative named
(a) is determined in accordance order in favour of a person who has in the Will of the deceased.
with an agreement between applied to it under subsection (4), The next-following priorities are
or among them, or that person is deemed to be at the given to the spouse of the deceased
(b) in the absence of an agreement top of the order of priority set out and the adult children of the deceased.
referred to in paragraph (a), in subsection (1). Section 5(4) of the Act
begins with the eldest of the CASE LAW authorizes an application to be
persons and descends in order made by a person claiming that
In Kartsonas v. Kartsonas 2010 he or she should be given the sole
of age.
BCCA 336, the Appeal Court right to control the disposition of the
5(4) A person claiming that he or dismissed an appeal from an order remains of a deceased person.
she should be given the sole right to granting the testator’s children the
control the disposition of the human Section 5(6) provides that if
sole control of the disposition of
remains or cremated remains may such an applicant is successful,
their father’s remains. The children, then he or she is deemed to be at
apply to the Supreme Court for an
unlike the opposing testator’s the top of the order of priority.
order regarding that right.
niece, wanted a religious burial
The right of priority, however, While Clause C of section 5(5)
in accordance with Greek Orthodox
is subject to the Court having provides that reasonable directions
religion.
to consider the criteria set out given by the deceased person are
in section 5(5) of the Act and this to be taken into account on an
is where matters can become very application under section 5(4), it
contentious. is not determinative and is only one
The first priority is given to the factor to be taken into account by
5(5) When hearing an application personal representative named the Court
under subsection (4), the Supreme in the Will of the deceased.
Court must have regard to the The Appeal Court held that
rights of all persons having an The next-following priorities the trial judge properly exercised
interest and, without limitation, his discretion, having regard to the
are given to the spouse of provisions of section 5(5) and he
give consideration to
the deceased and the adult rightly concluded that the rights of
(a) t he feelings of those related children of the deceased. all persons having an interest fell
to, or associated with, the on balance in favour of the wishes
deceased, giving particular of the deceased’s family members
regard to the spouse of the who wanted a religious funeral.
deceased;
The niece opposed the In Wiebe v. Bronstein 2013
(b) t he rules, practice, and beliefs BCSC 1041, the Court held it had
application on the basis that the
respecting disposition of human no jurisdiction to make an order
testator had been estranged
remains and cremated remains varying the internment plaque to
from his children and had trusted
followed or held by people of the refer to the plaintiff as the partner
religious faith of the deceased; the burial arrangements to her. She
of the deceased, as section (4) only
argued that he was an atheist and
(c) a
ny reasonable directions given dealt with the disposition of human
therefore would not have wanted remains and did not deal with the
by the deceased respecting the
a religious funeral. placement of memorials after the
disposition of his or her human
remains or cremated remains; The Appeal Court held that human remains were disposed.
and the decision was discretionary as Funeral Costs Must be Reasonable
(d) w
hether the dispute that is the judge considered the evidence
Chernichan v. Chernichan Estate
the subject of the application before him, and concluded that 2001 ABQB 913 held that while
involves family hostility or a the rights of all persons having an funeral expenses are a top
capricious change of mind interest fell, on balance, in favour of priority of the estate debts, the
respecting the disposition of the the wishes of the deceased’s family funeral costs themselves must
human remains or cremated members who wanted a religious be reasonable in relationship
remains. funeral. to the financial situation of the
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 41
•
•
•
•
STRATA LAW
The Intersection
between Elder Law
and Strata Law
Elaine McCormack, Emily Sheard
H
ow does elder law Strata law encompasses many Changing how someone lives
different areas of law and concerns in a strata community may involve
apply to life in a strata
the application of those various altering their strata lot, the common
complex? In this article, areas of law to stratified complexes property, or common assets. We
we discuss elder law and strata and communities. discuss examples of those changes
law, and highlight where the in more detail in the sections below.
In the strata world,
two intersect. Changing where someone lives
one notable trend
may be challenging for a number
For instance, we discuss is that strata lot owners
how elder law applies to strata of reasons. For instance, after
want to age in place—that is, residing in a strata complex for
complexes with respect to
strata lot owners want many years, it is likely that a great
(a) the application of certain bylaws;
to change how they live, sense of community has been
(b) estate planning;
not where they live. cultivated. As such, an attachment
(c) alterations to strata lots, common to the complex and the general area
property, and common assets; makes it difficult for individuals to
(d) human rights and 2. Why is the intersection
leave. In addition, in today’s hot real
accommodations for physical between elder law and strata
estate market, increased housing
and mental disabilities; and law important?
prices and associated transactional
(e) electronic and physical he intersection between elder
T costs may make selling an older
attendance at annual and law and strata law is becoming
strata lot and buying into another
special general meetings. increasingly important as Canada’s
strata complex difficult.
It may be helpful to recognize population continues to grey.
some of these issues when you are 3. When does the intersection
ccording to Statistics Canada, as
A
providing notarial services to your between elder law and strata
of July 1, 2020, 18.0% of Canada’s
clients. law occur?
population was 65 years of age and
1. What is “elder law” and what older. That percentage is expected The sections below provide some
is “strata law”? to increase to between 21.4% and key examples of when elder law and
Elder law refers to the areas of 23.4% by 2030. As the population strata law intersect.
law that tend to be associated ages, strata corporations and a) Age-restriction bylaws
with ageing or that have a greater individual owners, tenants,
impact on individuals who are 65 Some strata complexes have
and occupants will increasingly
years of age and older. Traditionally, age-restriction bylaws, such as
encounter issues related to age.
discussions on those areas of law retirement communities. Often,
have emphasized matters on an In the strata world, one notable age-restriction bylaws require
individual-level, such as Wills and trend is that strata lot owners want residents to be 55 years of age
estates, human rights, and Powers to age in place—that is, strata lot or older, and prohibit anyone under
of Attorney, rather than on owners want to change how they 19 years of age from residing
a societal-level. live, not where they live. in the complex.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 43
There is a common b) Estate planning Prospective purchasers should
misconception that age-restriction Determining who is a contact review and understand strata
bylaws apply to nonresident owners. corporation bylaws concerning
person for a strata lot can be
Strata corporations cannot legally
complex in certain situations. alterations prior to buying into a
prohibit someone from owning
a strata lot because they do not Executors acting on behalf of strata complex. Typically, written
meet the requirements of an an estate, and attorneys acting approval from the strata council
age-restriction bylaw. Rather, pursuant to a Power of Attorney is required to make alterations to
a strata corporation can enforce document, may or may not qualify a strata lot. Under section 5 of the
an age-restriction bylaw to prohibit as an “owner” as defined by the Schedule of Standard Bylaws to the
individuals who do not meet the Strata Property Act. Whether Strata Property Act, strata councils
requirements from residing someone qualifies as an “owner”
cannot unreasonably withhold
in a strata lot. under the definition may impact
approval for alterations to strata lots
If a strata corporation already whether that individual can vote
at annual and special general involving specific things, such as
has an age-restriction bylaw, there
meetings and serve on strata doors, windows, or fences.
are important considerations for
prospective purchasers. For instance, council. For more information Common areas that may be
some age-restriction bylaws require on this topic, consider our article changed to increase accessibility
all occupants to be at least 55 years “Whose Strata Lot is It Anyway?” include the following:
of age. Residents who are 55 years in the Spring 2021 edition of
• replacing traditional door knobs
of age and older may eventually The Scrivener.
decide to live with a younger spouse, with levered door handles;
have a child or grandchild live • replacing heavier doors
with them, or may require a live-in with lighter doors;
caregiver. Those other individuals Age-restriction bylaws
• replacing regular doors
may not meet the requirements may also have implications with power doors;
of the strata corporation’s age- on an individual who
restriction bylaw. • painting doors a different colour;
inherits the title
Even if the owners approve of an • converting regular parking
age-restriction bylaw at an annual to a strata lot.
spaces into wider parking
or special general meeting and the spaces;
bylaw amendment is filed in the
Land Title Office, it does not apply • installing curb cuts into road
c) Alterations curbs;
to everyone. Section 123(2) of the
Strata Property Act, SBC 1998, c. In the strata world, we often • installing stair climbers or
43 provides that “[a] bylaw that refer to certain renovations to elevator lifts; and
restricts the age of persons who strata lots, common property, and
may reside in a strata lot does not • installing braille signage.
common assets as “alterations.”
apply to a person who resides in the Alterations often involve major Typically, written approval
strata lot at the time the bylaw is renovations, such as replacing from the strata council is required
passed and who continues to reside flooring or removing walls. Some to approve alterations to common
there after the bylaw is passed.” strata corporations consider smaller property or common assets. In
Age-restriction bylaws may also renovations, such as painting the some cases, a ¾ vote of the owners
have implications on an individual walls of a strata lot, to constitute at an annual or special general
who inherits the title to a strata lot. an alteration. meeting is required to approve
If the strata corporation has a valid of an alteration to common property
As the population ages,
age-restriction bylaw in force, and or land that is a common asset.
the individual inheriting the strata strata councils will receive more
lot does not meet the requirements requests for alterations to make Most commonly, an owner’s
of the age-restriction bylaw and was strata complexes more accessible. responsibilities for alterations
not residing in the strata lot prior Individuals may ask to make certain made to a strata lot, the common
to the age-restriction bylaw being alterations to strata lots, common property, or a common asset
passed, then that person is legally property or common assets, or are set out in a written alteration
entitled to own the strata lot, but request that the strata corporation agreement signed by the owner and
not to reside in it. do so. members of the strata council.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 45
The COVID-19 pandemic
Barbara has accelerated the need
for strata corporations
is 91 now. to hold meetings
electronically to avoid
She still dreams of dancing.
large groups of people
from gathering.
A gift in your Will to Eldercare
Foundation can provide vital
therapy programs to seniors in individuals to participate in
care who still dream of dancing, conversation regarding the
moving, creating, and governance of their community, as
living with dignity. opposed to voting by proxy or not
participating in annual and special
Create your legacy today. general meetings at all.
Requiring technology to be used
in order to attend an annual
or special general meeting can
create barriers to participation
1454 Hillside Ave., for others. For instance, some
Victoria, BC V8T 2B7 individuals may not own a computer
250-370-5664 . www.gvef.org or smartphone or have an email
Charity# 898816095 RR0001
address or functioning phone line.
Even if individuals may access
a public computer or telephone,
there may be difficulties logging
ECF • Barbara is 91 now in and connecting to the meeting due
Scrivener Magazine
4.9”w x 4.75”h CMYK to unfamiliarity with those devices.
One way to address that issue may
Help kids prepared by Art Department Design 250 381-4290
Created: Aug 2020 be to hold a “hybrid” meeting,
like India partially by electronic means and
partially at a physical location.
stay strong. The examples discussed above
are only some of the many examples
A Will can of how strata law intersects with
elder law. There is much to
help do that. consider—we recommend that
strata corporations and individuals
seek legal advice to anticipate the
issues explored in this article, as
Empower your clients to create a better world.
well as to deal with those issues as
Help them leave a gift in their Will to BC Children’s
Hospital Foundation so our future children can
they arise.
be strong in the face of illness. This article is for educational
purposes only and does not
Discover how you can help your
constitute legal advice. s
clients leave a legacy.
bcchf.ca/legacy-advisor Elaine McCormack is a lawyer,
mediator, and arbitrator with Wilson
Or call Hilary Beard, Gift & Estate Planning McCormack Law Group.
604.875.3679 hbeard@bcchf.ca
Emily Sheard is an associate lawyer
with Wilson McCormack Law Group.
Q
ualifying for a Characteristics • Savers
Although there are risks involved • Not Risk-takers
senior discount
when characterizing any group, we • Accomplished much
doesn’t necessarily can draw some inferences based with teamwork
make you a senior. upon shared cohort experiences. • Duty comes before pleasure
This article will explore the senior • High degree of confidence
and baby boomer cohorts and how in government, large employers,
those cohorts influence who we are, traditional authority figures
our values, and how we engage with If you were to sum up what
each other and our world. When we reference they want from the businesses
A cohort refers to a group today’s seniors, we and professionals serving them
of individuals who experienced are usually referring today, the answer is stability. They
the same circumstances as they want to know you will be there for
were coming of age. Living through
to those identified them tomorrow and tomorrow and
those experiences during such a as the Children of tomorrow.
pivotal period of our lives helps The Great Depression Now let’s shift to baby boomers.
shape common characteristics, Their focuses were the Vietnam
attitudes, and values. (born 1931—1940), War, sexual revolution, civil rights,
The characteristics are fairly as well as those who women’s rights, gay rights, and social
defined and will likely survive served in World War II. reform.
throughout the emerging life • Influenced by the massive size
stages—independent of age. of the cohort that redefined
For instance, a baby boomer may every life stage
be 70 years of age today, yet not
likely identify as a senior . . . instead, • Less trusting of authority,
identify as a boomer—today and What do we know about today’s employers, government . . . they
always. seniors? Through the eyes of a child, were the anti-establishment
the Children of The Depression folks
Cohorts
directly experienced the lack and • Intellectually and socially
When we reference today’s seniors, individualistic
scarcity of the Depression. Those
we are usually referring to those
identified as the Children of The serving in World War II made the • Pursued own dreams . . . they
Great Depression (born 1931— ultimate sacrifice, committing to a overwhelmed the job markets
1940), as well as those who served higher ideal while putting their lives and borrowed to buy
in World War II. on the line for all their countrymen • Evaluated achievements in
The North American baby and women. Shaped by those terms of personal fulfillment
boomer cohort includes individuals experiences, “seniors” tend to Boomers want options from
born between 1946 and 1964. share the following characteristics. those who serve them.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 47
The Client Conversation What Do You Want?
If you need a senior or boomer When the seniors were asked
client to connect with a specific what they wanted first from the Seniors want
strategy, make sure you show how professionals who were about to their “humanity”
the strategy aligns with the boomer serve them, the results showed
the following.
addressed first!
values.
For seniors, it is all about
• Listen to me They need to know
independence. They want to be safe • Acknowledge my wisdom they are acknowledged,
and stay healthy so they can remain and vision
safe, and respected.
independent and not be a burden • Provide reassurance
to their family. When seniors were asked
With boomers, it’s lifestyle! what they were getting from those Conclusion
professionals, they reported the
Relationship with Money The disconnect offers a great
following.
opportunity: Engage, ask questions,
Many seniors see their role with • Cold Transactions listen, and learn.
money as one of “stewardship”; • Simple Information
they want to be good stewards Businesses that “get it” will
• Directions “get them” as life-long clients,
of their money, preserve their
nest-egg, and pass it on to the next That disconnect is an even without a senior’s discount. s
generation. Boomers, however, tend opportunity to better serve seniors.
Rhonda Latreille is the founder
to see their relationship with their Seniors want their “humanity” of Age-Friendly Business, a training
money in terms of “ownership” . . . addressed first! company that focuses on educating
it is my money and I’ll spend it They need to know they are people about how to do business
the way I want. acknowledged, safe, and respected. effectively with seniors.
March 3, 2022
Raise funds to change the future for people affected by dementia.
Tickets available at BreakfastToRemember.ca
T
he BC Law Institute (BCLI) publication The practices described in the BCLI Guide
for recognizing telltale signs of undue influence and
“Recommended Practices for Wills preventing it from tainting a Will are equally applicable
Practitioners Relating to Potential when taking instructions and drafting other Personal
Planning documents such as Powers of Attorney and
Undue Influence: A Guide” (the “BCLI Representation Agreements.
Guide”) is undoubtedly familiar to many There is a chapter explaining the law of testamentary
undue influence, and another detailing the ways
Scrivener readers. in which in which undue influence is typically exerted.
The Society of Notaries A checklist and flowchart illustrating
Public website lists the guide as best practices are included in an
an educational resource in the appendix to the BCLI Guide and
members’ section, and it is used also published separately as the
in teaching notarial candidates
Section 52 was expected “Undue Influence Recognition/
in the Master of Arts in Applied to lead to more Wills being Prevention Reference Aid.”
Legal Studies Program at SFU. challenged on the ground Section 52 of Wills, Estates and
The Notary Foundation Succession Act (WESA) was the
of undue influence, and impetus for the original version.
funded the development of the
BCLI Guide. With funding from possibly result in more It shifts the onus of proof from
The Notary Foundation, BCLI is challenges... the challenger to the defender
updating this well-received and of a Will or a Will provision if it is
widely used publication to ensure alleged that the Will or provision
it remains a useful resource for came into being as a result of
legal practitioners. undue influence exerted on the
Will-maker resulting from a relationship of dependency
The BCLI Guide explains “red flags” that should
or domination, and the challenger establishes that such
raise a practitioner’s level of suspicion that Will
instructions being given may not represent the client’s a relationship existed.
true wishes because the client is under some form of Section 52 was expected to lead to more Wills
coercive pressure. It recommends practices that Will- being challenged on the ground of undue influence,
drafters should follow to guard against giving effect and possibly result in more challenges of that kind
unwittingly to the designs of an influencer, and ensure succeeding. The BCLI Guide was intended to aid
to the greatest extent possible that the Wills they practitioners to detect undue influence where it exists,
draft could withstand challenge on the basis of undue and insulate the Wills they draft against challenge
influence. on grounds of undue influence where there is none.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 49
BUSINESS
The original version of the BCLI Guide appeared
in 2012, before WESA came into force. One of the
reasons for updating the BCLI Guide now is to reflect
TO BUSINESS the present state of the law, including case law
on undue influence that has accumulated since the
Guide was issued. An even more important reason,
however, is a need to take account of the radical
Margot R. Rutherford* changes made by the Wills, Estates and Succession
Notary Public Amendment Act 2020.
A Member of The Society Remote witnessing of Will signature by audiovisual
of Notaries Public of British Columbia technology was introduced under emergency
*Denotes Professional Notarial Corporation
orders in March 2020 as a temporary, pandemic-
related measure. The Wills, Estates and Succession
981 Fitzgerald Avenue Tel: 250 338-6251 Amendment Act 2020 supplants the emergency
Courtenay, BC V9N 2R6 Fax: 250 338-5337 orders retroactively and makes remote witnessing
email: rutherfordmargot@shaw.ca
permanently available as an option.
The Act also makes it possible as of December 1,
2021, for a valid Will to be created entirely in electronic
form, without ever being printed on paper. The
electronic Will provisions are based on ones developed
Alexander Ning Notary Corporation by the Uniform Law Conference of Canada. So far,
Suite 230, 8911 Beckwith Road
Alex Ning British Columbia is alone among Canadian provinces
Richmond, BC Canada V6X 1V4
Notary Public, Mediator, Email: alex@annc.ca and territories in recognizing electronic Wills.
Immigration & Refugee Counsel Fax: 604 270-4751
Those legal changes, coupled with a tendency
Direct: 604 270-8155
Telephone: 604 270-8384 in society toward greater use of video technology for
communications generally, will lead, as time goes by,
to more virtual and fewer face-to-face meetings with
clients, and also more situations in which Will-drafters
The Tropics will not be able to directly supervise the signing and
Are Calling witnessing of Wills in person.
And You Must Go! As was the case with the original publication, an
interdisciplinary volunteer committee will assist BCLI
Irina Bartnik Notary Public in carrying out the update to the BCLI Guide.
Vacation Relief Sadly, the committee cannot include Leanne
@ Rebantad, the Notary that The Society of Notaries
notaryinbc@gmail.com
Public appointed to the BCLI Board of Directors
in 2019, because of her sudden passing in October
2021. She had been enthusiastic about the project to
update and re-issue the BCLI Guide, and had planned
to take an active role.
Other Notaries have volunteered to serve on the
“Knowledgeable and Capable” committee alongside experts in other relevant fields
604-538-3388 and work on the update is underway. The updated
CammackHepner.ca version of the BCLI Guide is expected to be issued
#106 – 1656 Martin Drive Gordon G. Hepner
MA(ALS), Notary Public
in late 2022. s
Surrey, BC V4A 6E7 gordon@CammackHepner.ca
Gregory G. Blue, QC, is a Senior Staff Lawyer for the
British Columbia Law Institute.
I
magine you are a second- or third-generation agencies and bodies. Navigating those legalities has
been a barrier to the donation of land.
farmer in British Columbia wanting or needing
New Resource Available
to retire. Over the decades, you’ve put your
Three years ago, the Foodlands Cooperative
heart and soul into the land, farming as of BC (“Foodlands”) identified the significant lack
sustainably as possible. of information and guidance for farm and foodland
owners who desired to protect their land for the future.
You either have no heirs or your children are not There was a clear need for clarity around the various
interested in (or able to) carry on the tradition. Your options, processes, and costs of
heartfelt desire is to ensure the land having land transferred to a land
continues to be farmed for future trust, either via donation or through
generations. other transfer mechanisms.
While this is happening, the Your Land, The culmination of a 2-year
real estate value of your land has Your Legacy research project, Foodlands’
skyrocketed beyond the reach new resource, “Your Land, Your
of the people to whom you’d like
A Farm and Foodland Legacy – A Farm and Foodland
to sell the land— aspiring young
Owner’s Guide Owner’s Guide,” has just been
farmers. There are many of them
published, thanks to funding from
in British Columbia . . . most have
the Law Foundation of BC, Real
huge challenges in obtaining farm
Estate Foundation of BC, and the
and foodland.
Investment Agriculture Foundation
At the same time, suburban of BC.
or urban development edges closer
and closer to your land or big Bay Written by Ava Reeve, Manager
Street investment companies want of Foodlands’ Legal Literary Project,
to buy up farmland to be managed the Guide is expressly designed
as an agribusiness. for BC owners of farm and food-
provisioning lands who wish to
Fortunately, there is an option available to
landowners to contribute to land access and security create a legacy by preserving their land for generations.
. . . a land trust. In its many forms, a land trust is a type The goal of this lawyer-reviewed Guide—is to pass
of land-holding organization that effectively removes knowledge to the general public to help alleviate many
land from the speculative real estate market, returns of the challenges of planning farm and foodland trusts
it to the “commons” as a community resource, and and lead to greater community access for sustainable
ensures community oversight of its ongoing use and farming forever. It is a free resource for individuals
management. seeking to put their farmland and food-provisioning land
Until recently, farmers and retiring landowners who into trust. You will find answers to your questions about
wished to put their land into trust typically had to wade covenants, donations, life estates, transfer tools, an
through layers of government regulations from multiple overview of their tax implications, and much more.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 51
The Guide’s Table of Contents • Selling Property to a Charity
• Obtaining Professional Advice • Other Taxes to Consider
• Developing Your Vision • Appendix B: Due Diligence when Transferring Land
• Types of Land Legacies • Defining the Land and Its Owners
• Ownership Structures • Restrictions on the Transfer of Land
• Documenting the Intent of a Transfer • Restrictions on the Transfer of Property Other Than Land
• Creating a Legacy by Transferring Land Ownership • Glossary
• About Land Ownership
The Foodlands Cooperative of BC is a community-
• Mitigating the Risk of your Vision not being Realized
service cooperative founded in 2017 with the mission
• Ways to Transfer Ownership to a Charity to secure land in trust and promote the protection and
• Continuing to Enjoy the Land stewardship of food-provisioning lands across BC. It
• Practical Steps for Transferring Ownership works with landholders, farmers, local communities,
• Creating a Legacy by Granting a Covenant and leaders in the agricultural and land-trust sectors
• About Section 219 Covenants to develop and support diverse models of community-
managed foodlands and build healthy local food
• Covenants
systems. s
• Limitations in the Agricultural Land Reserve
Natasha van Bentum, CFRE (Ret.), is a long-time outreach
• Enforcement of a Covenant
and legacy advisor to environmental organizations,
• Mitigating the Risk of your Vision not being Realized
conservation groups, and land trusts. Her project Give Green
• Continuing to Enjoy the Land Canada, publishes “Green Legacies: A Donor’s Guide for BC.”
• Practical Steps for Granting a Covenant
Editor’s note: This is a follow-up to Natasha’s article
• Appendix A: Tax Implications “Obstacles and Opportunities: BC Farming for a Green
• Tax Treatment of Dispositions of Capital Property and Healthy Future” in the Winter 2019 issue of The
• Donating Property to a Charity Scrivener, Vol. 28, No. 4.
YOUR WILL
CAN MAKE
A DIFFERENCE
IN YOUR
COMMUNITY
W I LL
POWER
TM
willpower.ca/charities/the-victoria-foundation
J
ust like estate planning or considerations for advance care Resources
planning. Knowing that the loss
financial planning, advance The Centre has a comprehensive
of decision-making capability
care planning (ACP) for suite of resources designed to take
in the advanced stages of dementia
you and your clients through all
health care and personal care is more certain, the person has a
aspects of advance care planning
finite window of time to maximize
is an important pillar in overall and offers general information
advance care planning options.
life planning. about advance care planning
Although advance care
in English, Punjabi, Simplified
Legal professionals like Notaries planning can benefit everyone,
Chinese, and Traditional Chinese.
are a valued source of information regardless of age or health, it’s
and guidance when it comes to all especially important for people Resources for individuals:
kinds of life planning. BC Centre living with serious illnesses such especially older adults (65+ are
for Palliative Care has many easy-to- as dementia to begin the process most at risk for dementia) and
use resources when it people living with early
comes to advance care stages of dementia:
planning, to help every
step of the way. • My
Wishes, My
dvance Care Planning
A Care: Advance Care
is for Everyone Planning Information
The Centre is making Booklet walks clients
advance care planning through the three
resources more steps of advance care
accessible through planning, Think, Talk,
a series of ambitious Plan. The booklet also
projects. ACP resources contains a flowchart
have been culturally illustrating how
adapted and translated health-care decisions
into Punjabi, Traditional are made in BC, and
Chinese, and Simplified
checklist of resources
Chinese to serve some
of the largest cultural to help individuals
groups in the province get started on their
and work is underway to adapt and as soon as possible. People with advance care plans.
translate the resources into Hindi. dementia can prepare for their
• W
hat you need to know about
The Centre has also adapted its future care and stay involved
standard representation
resources to the growing population in decision-making through advance
agreements (section 7): Guide
of people who are living with the care planning, especially when they
are supported by the people they to understanding the standard
early stages of dementia, and their
family and friends. There are unique trust. representation agreement.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 53
©iStockphoto.com/Poula Thorsen
• What
you need to know about information and resources to help
enhanced representation them get started:
agreements (section 9): Guide • Q
uestions-and-answer-tool
to understanding the enhanced to help engage individuals
representation agreement. (e.g., older adults and people
living with early stages of dementia)
Three-step process to advance
care planning • Question-and-answer-tool to help
engage family/friend caregivers
By assisting your clients to Fall 2121 — Seniors
begin this vital planning process,
you can help ensure they get future
care that aligns with their values, Thank you for such an
beliefs and wishes. For advance informative publication! I just
care planning resources, visit finished reading the Fall 2021
bc-cpc.ca/acpresources. edition on Seniors and found
so many useful insights inside.
The BC Centre for Palliative
Care (www.bc-cpc.ca), a provincial
You addressed many things I
nonprofit created by the Ministry of
am encountering in my own life
Health to accelerate improvement
right now as we deal with my
in palliative care in BC, is at the
wife’s ageing parents. The articles
forefront of championing advance
provided valuable information
Resources for family/friend care planning for every adult in British
on what to do now, and what
caregivers: Columbia. For questions and enquiries,
to expect down the road. The
contact office@bc-cpc.ca. s
• You’ve
been asked to be a writers talked about not just Wills
substitute decision-maker, now Kathy Sheng is Project Manager or points of law or paperwork
for the BC Centre for Palliative Care. (though they did that, too) but
what?: Guides family members
and friends to understand the also compassion for their clients
role, rights, and responsibilities and families as they navigate the
later years of life.
of substitute decision-makers
in BC and contains step-by-step
Kudos for a great publication!
information to help them prepare
for their role. Paul Dwyer
Questions and answers you can This initiative is supported by funding from is a new reader
integrate into your interactions with the Public Health Agency of Canada. The of The Scrivener.
clients to raise awareness about views expressed herein do not necessarily
represent the views of the Public Health
advance care planning and share
Agency of Canada.
R
ichmond pioneers James While the loganberry farm and have a local builder do the
flourished, the mosquitos also did basic framing.
and Jane McKinney well in the swampy land. James
bought 80 hectares of moved his family back to Vancouver
Richmond farmland. McKinney in 1908, then back to Richmond’s
Lulu Island. Jane McKinney had
was interested in plant- been adamant that any return to
breeding and developed the Richmond would only be to the
most luxurious home in town. James
loganberry, a cross between could afford it; he was a business-
a blackberry and a raspberry, oriented man, operated a winery,
that grew well in Richmond soil. was the local undertaker, and was
active in the early land development McKinney House on Steveston Hwy.
During the US Prohibition, in Steveston. Courtesy Richmond Archives
McKinney purchased a small In 1911, the Sears Roebuck
California winery and moved the catalogue offered a basic house McKinney bought the plans
wine-making equipment to his package that included the from Sears Roebuck, obtained
Richmond farm. He named the construction lumber, all the knot-free lumber from New
operation Myrtena Winery after his interior woodwork, building paper, Westminster’s Fraser Mills, and
daughter Myrtle and his daughter- eavestroughs, hardware, and hired two builders to construct
painting materials; the package the frame. With the basic framing
in-law Christina. The winery made
would arrive with each board completed, McKinney purchased
up to 600,000 gallons of loganberry
and nail numbered—to be put special options from the Sears
wine each year from 1924 through
together much like a jigsaw puzzle. Roebuck Chicago warehouse for
1934 when it closed.
The catalogue promised that, his new mansion—doors, windows,
allowing a fair price for labour, a mirrors, light fixtures, railings,
9-room, 3-storey house could be a cast-iron bathtub, and lovely
built for $2130. The company paid beveled-glass windows at a cost
the customers’ train fare to its of $2026.
Chicago warehouse so they could The McKinneys were active
select from many extras including in the United Church, the School
a solid-oak dining table and Board, and the Liberal party.
extension for $6.65, and a 56-piece Located at No. 2 Road and
gold-burnished dinner set for $7.48. Steveston Highway, the house was
Sears Roebuck sold a showpiece in Steveston for many
approximately 45,000 homes years. In 1948, the McKinneys sold
through its mail-order system the home to the Scollon family who
Myrtena Winery between 1908 and 1938. The buyer attempted to sell the property
Courtesy Canadian Museum of History
could purchase just the house plans in 1991 to a developer who agreed
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 55
to sell the building to historian and
as a British residential.
The house continued to
BC NOTARIES ARE to move hydro poles and lines, phone Dovelle Buie for the City of Richmond Archives
Richmond News: April 19, 2018
and cable wires, traffic signals,
RESPECTED IN THEIR highway signs, street lights, and dyke
Steveston Museum Society
COMMUNITIES. barricades.
www.communitystories.ca
flickr.com/photos/claytonPerry/7151480483
Dispelling
5 Common Myths
about Wills Jason Howe
K
eep your loved ones notice that the specialized ventilator
helping Mary breathe had been
close—and take nothing purchased with help from TB Vets’
for granted. donors. Among those donations was Leaving a gift in a Will is
a legacy gift left in a donor’s Will. a powerful act of generosity
Those are among the heartfelt
values now guiding baby Mary’s Leaving a gift in a Will is a powerful that can make a world
parents following a terrifying ordeal act of generosity that can make a
world of difference for charities. It of difference for charities.
that saw the newborn girl face a
battle for life at birth. Fortunately, is also a form of philanthropy that It is also a form of
the family was in the skilled people may not realize is within their
philanthropy that people
hands of the neonatal intensive capacity to make.
care department at BC Women’s
may not realize is within
According to research, there are
Hospital that was supported by the five common myths about gifts their capacity to make.
generosity of donors to the TB Vets in Wills.
Charitable Foundation. Myth: I can’t support loved ones
A year ago, Mary’s mother Amy and my favourite causes.
underwent an emergency C-section Myth: I’ve already written my Will
Truth: A quick calculation and there is no going back.
after being rushed to hospital can demonstrate that a small
following an ultrasound. Mary was percentage of the estate left to Truth: A Will can be amended
diagnosed with severe hydrops, charity still leaves plenty to support at any time.
a life-threatening buildup of fluids the loved ones. Myth: I will not see the impact of
in her lungs and chest cavity. Many
Myth: I need to be wealthy to make the gift I make in my Will.
newborns with that condition do
not survive. a gift to charity in my Will. Truth: Most people will never be
After Mary’s birth, the medical team Truth: Most charitable gifts in Wills able to make as big a gift during
started their lifesaving work to drain are left by Canadians of average their lifetime as they can in their
the fluid. Inside an incubator, Mary means and a charitable gift in a Will Will, when the value of the estate is
was intravenously given antibiotics, can go a long way toward reducing realized. But it is possible to see the
fentanyl, and food. She was placed the amount of taxes on the estate. impact of your future gift through
on the highest level of jet ventilator, Myth: Leaving a gift in a Will is stories like Mary’s.
meant to provide the most fragile complicated. Mary stayed on that donor-funded
newborns with a gentle and Truth: Leaving a gift to charity in ventilator for a week before she
effective mode of ventilation. the estate can be as easy as adding graduated to other forms of
Taking the situation day by day, a clause to a Will. A BC Notary or a breathing assistance and eventually
Mary’s mom couldn’t help but lawyer can take care of that task. to breathing on her own.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 57
George E.H. Cadman, Q.C.*
604 647 4123 | gehcqc@boughtonlaw.com
If more Canadians realized
With over 30 years’ experience, George the impact of gifts in Wills,
makes the complex simple to resolve we could see millions
your real estate or corporate disputes.
of dollars directed toward
*Member of the Notaries Public Board of Examiners creating a better world.
It is something to think
Uniquely West Coast™ about seriously.
D. BUSINESS
1. Business Purchase/Sale
2. Commercial Leases and Assignment of Leases
3. Contracts and Agreements
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 59
MEMORIES
Bob Reid
Walk Down
the Mountain
Originally published in The Scrivener in Fall, 2004
T
he Comox Valley Record we remember and honour the flying boat, for our flight that day—a
men and women of 442 Squadron day that began like many other
of Wednesday, July 7,
who gave their lives in the service days, nothing out of the ordinary.
2004, contained an article of their country. I would like to The events of that day are etched
headed, “Cairn honors those express my deep appreciation to so keenly in my mind, it seems like
yesterday.
who died in war, peace.” Lt. Col. Colin Goodman for inviting
me to attend as a member of the “I can still smell the air that
The photo caption read,
squadron’s extended family. My morning. It had rained the night
“Former Navigator Bob Reid, close relationship with the squadron before and the wind was fresh and
sole survivor of a crash in 1966, has meant much to me as over the brisk, skittering the clouds against
a deep blue sky. Across the Straits
uncovers the cairn.” The article years; the squadron and I have
participated in memorial services the mountains were covered with
described the unveiling of a snow. Little did we realize that a few
at the site of the air accident
cairn at the Comox Air Force in which my fellow crewmates
hours later, our plane would crash
on the Hope-Princeton Slide site
Museum Heritage Airpark, were killed many years ago. and only I would survive.
honouring members of 442
“It is important to us who are here
Squadron who died during war today to remember and to honour
and peacetime missions. The events of that those members of the Squadron
who died on duty. I am here today
day are etched so keenly to honour and remember my
I was invited by the commanding
officer of the squadron to attend in my mind, it seems crewmates: (Flt. Lts.) Pete Semak
this ceremony as a special guest like yesterday. and Phil Montgomery, (F/O) Chris
and to speak to the current and Cormier, (LAC) Bob MacNaughton,
past members of the squadron and and the passenger aboard that
day, (S/L) James Braiden. Others
the guests at the ceremony. The
are here to remember and honour
air crash was the event that most “In fact, it was 38 years ago—April loved ones, while others remember
influenced and shaped my life. 23, 1966, a Saturday morning— and honour ex-colleagues. And for
The following is part of my speech when I, as a young Flying Officer those of you currently serving as
that day. in the Royal Canadian Air Force, active members in the squadron,
“It is a great honour and privilege walked with my crewmates across it is especially important that you
for me to speak to you today the tarmac here at the base to remember and honour these men
on this hallowed occasion when board our aircraft, an Albatross and women because they are part
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 61
I arrived at the airbase and exploded west of 100 Mile House, Dan Campbell was awarded the
within a few days was sent out on killing all aboard. Air Force Cross.
a search—thankfully with Other flights and
an experienced navigator searches took me to
aboard to show me the Kodiak Island in Alaska, to
ropes. I settled in and flew Whitehorse and Yellowknife,
on searches all over the and all parts of the province.
province, usually searching On CAVU days, the beauty
for lost aircraft or overdue of the land and sea was laid
boats. The aircraft used for out before us to be admired
search and rescue missions and treasured. On miserable
was a twin-engine amphibian rainy and cloudy days, I’d
airplane called the Albatross, occasionally talk a pilot into
built by Grumman Aircraft Grumman HU-16 Albatross taking up the T-Bird (T-33
Company. jet trainer) for SARAH (search and
The men (there were no women Another was when a helicopter radar and homing) training runs.
on squadron in those days) with descended into the treetops on the We would burst out of the clag2 into
whom I flew were highly skilled, west coast of the Island to lower brilliant sunlight on top of an ever-
brave, and dedicated in carrying medical personnel to ground level reaching bed of white fluffy clouds
out their duties. One difficult to allow them to treat badly injured with only the tips of the highest
and traumatic example of their survivors at a crash site. If the mountains peeking through in the
abilities was when our para-rescue rotating blades had struck the trees, distance. My favourite memories
personnel were dropped into the rescue craft would have gone were the water landings and take-
the crash site of the Canadian down. For this courageous and offs, either in the waters of Georgia
Airlines flight on which a bomb had outstanding feat of flying, the pilot Strait or on one of the Interior lakes.
Helping affluent
families protect
and grow their
financial wealth.
DIXONMITCHELL.COM
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 63
The next and last call over the My revelry ended when some part last for days. As it turned out, two
intercom was for “max power.” of the aircraft beyond my space people at the viewing site heard the
The panic in the voice brought blew up. A large hunk flew past my crash but could not see anything
me immediately alert, then the head and I realized I was alive. because of the cloud cover. They
throttles were thrust full and the heard my cries and went down the
plane banked to the left. Now I highway to get help. Four miles
came wide-awake because I knew toward Hope, they encountered
we could not turn the plane in the
The panic in the voice RCMP Cpl. Lorne Weme, who was
narrow pass. I looked out the brought me immediately on highway patrol.
window on the port side and saw alert, then the throttles were In the meantime, I started
the wing taking off treetops. thrust full and the plane walking down the mountain, trying
I instantly knew I was going banked to the left. to make headway among the rocks.
to die. No one survives a plane At one stage my wristwatch fell
crash onto a mountain. My life off (the strap had been burned
did not pass before me. Instead through); I remember thinking what
A quick inspection revealed a a strange thing that was to happen
I experienced a crystal clear, cold
flying suit in tatters, from my chest and continued on my downward
realization that I was going to die.
to my ankles; the exposed skin trek. (The watch presumably is still
Then the plane banked again, this
on my stomach and legs was red on the mountain.)
time to starboard and it started to
and raw. My hands were bleeding,
slip into the mountain. The impact The rocks on the slide area
as was my nose and mouth; all my
of the boat hull hitting the rocks became too difficult for me to climb
front teeth had been knocked out.
caused loose gear to fly past me. around so I angled into the trees
But there was no pain. There was
A glimmer of hope sprung up? I on the west side. Progress was
an iceball in my stomach keeping
thought the plane was going to land better but fatigue was taking its toll
the pain at bay. What I did not
on the mountain. A rough landing and the iceball was growing bigger.
realize was that I had been severely
for certain, but I had experienced I decided to lie down on a fallen
burned—on over 50 percent of my
rough water landings. It was a log and rest. But at the back of my
body.
chance to survive. mind, something warned me that
Just then the plane dug if I fell asleep, I would die. For the
deeper into the rocks and started first time since I became conscious,
to break up. The impact forced I became frightened I would die.
my face into the radarscope. My When I came to, I was I had to get off the mountain. I had
last conscious thought was of my to get help!
standing up, my left arm
nose and eyeglasses breaking. I struggled downward until
The aircraft was then torn apart
resting on a large boulder;
ahead of me, I could see the road.
on the mountain. There had I was enveloped in a white, I stumbled out of the trees and
been no possibility it could have misty fog with visibility shrubbery on the side of the road,
landed intact. But at the time I limited to a few feet. just west of where the highway
was unaware of this. I had been veered sharply south toward the
knocked out. other side of the valley floor around
When I came to, I was standing the slide site. A large car was
up, my left arm resting on a large passing as I stumbled out of the
boulder; I was enveloped in a white, My immediate reaction was shrubs and trees on the side of the
misty fog with visibility limited to a to call for help to find out whether road. I waved vigorously, but it did
few feet. I was alone. The aircraft other crewmembers had survived. not stop.
and the others were not there. I was No one answered. I thought they Discouraged, I sunk onto the
floating in space and I thought I was were either dead or badly injured; sandy shoulder of the road and
dead. For a long time after, I still I had to get off the mountain and get unfortunately got sand particles
could recall that eerie feeling. help. into the burn areas on my legs.
I had no idea of how much time No one knew where we were. Weeks later in hospital, a doctor
passed. My mind wondered what We would not be found until the cursed me as he picked out each
was to happen now that I was dead. cloud cover lifted and it could grain with tweezers to prepare for
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 65
I give to my community and
with Vancouver Foundation,
my giving lasts forever.
78 years ago, a single gift started
Vancouver Foundation and that gift is still
making a difference in the community today.
Logitech C930e Webcam The 90-degree field of view and 1080p resolution
I believe by now, we are all somewhat weary of the means you will not have to sit still and dead-centre like
emails that provide details of our next online meeting. a mannequin, you will be able to move around. That is
helpful when you review a file with your online contact
We are Zoomed out . . .
and you need to reference different documents in paper
The sad reality is that for the near future at least, some or electronic format. The 4x digital zoom means you can
meetings will only be taking place take control of what people see
in front of a camera and screen. during calls and is perfect when
I have mentioned here before how the camera is used in a Boardroom
important it is to sit in front of the setting.
best monitor you can afford, and A nice touch is there is a privacy
now it’s just as important to utilize shutter that can be attached when
the best camera you can, to show you’re not using the webcam, to
the best of yourself to the rest of the give you additional privacy and
world. protection.
Logitech has been making computer Almost all apps are supported and
accessories for as long as I can the Logi Tune allows for “tuning”
remember. Their high-definition the webcam for Google Meet,
webcams have been a standard since Teams, and Zoom. The business
they were introduced; Logitech HD focus isn’t just superficial, however,
Webcam C930e is a great choice with excellent audio quality and
for business—and casual—users. noise cancellation technology that
picked up our voices even in a noisy office. The two
While things have quieted down on the consumer omnidirectional mics also mean you’re not screaming
webcam front, with most people using the perfectly to be heard.
adequate webcams that are built into their laptops,
Installation is a breeze—plug it in on a PC or Mac and
tablets, and smartphones to Skype and VOiP, the C930e
it will set itself up. The stand it comes with is easy to
is specifically designed for business use. The moment
attach and adjust to almost any monitor or laptop, so
you start using a high-end Logitech webcam, what
you can quickly ensure you get the best view possible.
you’re paying for becomes obvious. Low-light and back-
light, for example from a winder, are handled with ease www.logitech.com | www.staples.ca
on this unit. MSRP $169.99
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 67
2022 BMW 330e Sedan The 3-Series is plenty practical for hauling either
With recent extreme weather events occurring here passengers or cargo. In the trunk, you’ll find 481 litres
in Southern BC, the debate in our household of what of space, and the rear seats fold down to accommodate
is better—fossil-fuel cars or electric cars—has, well, larger items. The plug-in-hybrid 330e has a slightly
heated up. smaller cargo area due to the battery, measuring in at
As BC implemented limits on fueling, 30L at a time, 368 litres. The rear seats are spacious enough for a
many electric vehicle small family.
owners simply grew The high-voltage
their smiles, and battery provides
smirks. I see you and 12kWh of power and
kindly remind you that charges in just under
the electric outlet you 3 hours on a 240v
use to charge your connection.
vehicle at night could A standard 120v
suddenly become a
plug will take 6 to 7
decoration piece if
hours. Once charged,
the power goes out.
the driver has plenty
A plug-in hybrid of driving modes to
(PHEV) is the perfect choose from,
vehicle for someone ranging from
who wants a little
super-efficient
EV goodness but isn’t ready to make the fully electric
(yawn) to
commitment—the best of both worlds. The BMW 330e
performance-
is that and more, as it’s a perfect-sized small sedan, not
above-all (yay!).
too small where your stuff and other humans can’t fit
in, and not too large that parking becomes a 20-minute Electric mode
task to be feared. The 3-Series also features some is for pure EV
autonomous driving aids that help at lower speeds driving and is only available when there’s a charge in the
in town, such as the reversing assistant. It can even battery. Eco Pro maximizes efficiency, while Hybrid
drive the car for you, reversing back the way you came blends gasoline and electric power for the easiest
should you, say, get blocked in an underground car park. everyday driving. Sport puts everything on full attack
and will allow the 330e to sprint like a lion in hunt mode.
The rear-drive version plug-in-hybrid variant has a
combined estimate of 8.3L/100km (34 mpg) and This is not your grandfather’s electric golf cart.
an all-electric range of 37 km. More goodness for the driver,
Combined with gas, the total and the passengers on the
range is 486 km. The all-wheel inside, you can plug-in and
drive versions drop the range utilize/charge almost every
by 5 km. The paired 2.0-litre known portable device as
turbo-4 cylinder with a battery this BMW has wireless device
and electric motor provides charging and USB-A port/12-
a combined output of 288
volt outlets and USB-C ports
horsepower, with power hitting
galore. Plug in those coolers
just the rear wheels or all four
for keeping the pop cool!
wheels (xDrive) via an 8-speed
automatic. For some reason, steering paddle shifters are Spend a little more and your car will include a detailed
a $2000 option on that BMW. Paddle shifters or not, the head-up display, customizable ambient interior lighting,
electric and gas engine can help you reach 100 km/h heated front and rear seats, remote start, and wireless
from a standstill in about 5.6 seconds. charging.
Volume 30, Number 3, Winter 2021 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 69
PEOPLE
Born in New Westminster, Leanne Greg Litwin was recently voted Best Notary Public of the
grew up in Port Moody and lived South Okanagan for the second straight year in The Keremeos
most of her adult life in Powell Review and Summerland Review.
River. Commissioned in 1989 after
“I was delighted.
a career in real estate, Leanne
was passionate and proud to be My thanks to my team
a BC Notary. While working at Kim Ehlers, Eliza Nowek,
The Society office on the PAL and Jamie Tompkins–
line, she spent the last number Kirshner, who share
of years commuting between in this award.
her waterfront home in Powell Thanks to all who voted
River and her West End condo for us!”
in Vancouver.
BC Notary Greg Litwin is
She passed away quite suddenly in St. Paul’s hospital following delighted to have been chosen
a diagnosis of cancer this Fall. Always adventurous, Leanne took by the people—Best Notary
advantage of any travel opportunity, participating in Notary- Public in the South Okanagan,
Summer 2021!
related conferences to Greece, Mexico City, Hawaii, and Ireland,
to name a few. She also enjoyed travelllng to Haida Gwaii and Could not have achieved this
award without the help of my
the Northern Hebrides islands. Leanne is survived by her sons assistants Kim (L) and Eliza (R).
Tony and David. A fantastic team!
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Insurance by FCT Insurance Company Ltd. Services by First Canadian Title Company Limited. The services company does not provide insurance products. This material is
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| 1.800.307.0370
| 1.800.307.0370 fct.c
intended to provide general information only. For specific coverage and exclusions, refer to the applicable policy. Copies are available upon request. Some products/services
may vary by province. Prices and products/services offered are subject to change without notice.
®Registered Trademark of First American Financial Corporation.
Insurance by FCT Insurance Company Ltd. Services by First Canadian Title Company Limited. The services company does not provide insurance products. This material is
intended to provide general information only. For specific coverage and exclusions, refer to the applicable policy. Copies are available upon request. Some products/services
may vary by province. Prices and products/services offered are subject to change without notice.
®Registered Trademark of First American Financial Corporation.
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Your Trusted Partner Stewart Title’s Business
Development Team in BC
for Title Insurance
Amanda Magee
At Stewart Title, we take pride in working with Notaries. Director, Business Development
Since our inception into the Canadian marketplace, we 604.839.4471
amanda.magee@stewart.com
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You understand the complexities of each transaction and brett.horton@stewart.com
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Vancouver
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Michelle Wells
Tri-Cities, Fraser Valley
604.657.6730
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Vancouver Island
250.588.8996
888.667.5151 | stewart.ca nicole.mclellan@stewart.com