The Scrivener - Spring 2022 - Volume 31 Number 1

Page 1

Spring/Summer 2022 | Volume 31

Number 1

Published 3 Times a Year by the BC Notaries Association

31 years

Ravi Kahlon, BC Minister of Jobs, Economic Recovery and Innovation THEME:

BC Notaries

ELEMENTS OF A SUCCESSFUL BUSINESS Publications Mail Agreement: 40010827


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Read The Scrivener online. When Reading the PDF Online https://www.bcnotaryassociation.ca/resources/ scrivener/ click on an article Download or thepage magazine to your device number. for offline reading.

P U B L I S H E D B Y T H E B C N OTA R I E S A S S O C I AT I O N

THEME:

Business

24

Sally Houghton, Margot Rutherford

BC Notaries Elements of Running a Successful Business

Four Things You Can Start This Week to Optimize Your Digital Marketing

CEO, BC NOTARIES ASSOCIATION

Mark Smiciklas

Government Initiates Change

6

Chad Rintoul PRESIDENT, BC NOTARIES ASSOCIATION

Changes Ahead

7

Daniel Boisvert KEYNOTE

Choice Profession

8

Val Wilson, Editor-in-Chief

25

Business to Business

26

Sharing Your Expertise: Tips for Creating a Blog for Your Business

27

Jean Beale

From SFU Graduate to Owner of a Busy Notarial Practice!

28

Natalya Hanna

Why Study Public Relations?

30

Nigel Atkin

COVER STORY A Clear Path Forward

Thinking of Starting a New Business? Self-Awareness: The Key to Transformation

9

The Quest for Success

13

4

TABLE OF CONTENTS

44

Michael Kravetz

Hoeter Award 2021

18 21 22 23

46

El Fedewich, Adrian Chaster

47

Wiebke Imsel HUMOUR

Irina Bartnik Lisa Berry Vander Heide

Where Are They Now?

16

Margaret Rankin

Technology in the World of a Notary

31

Tributes to Stanley J. Nicol

Rachelle Lee

Selling Your Practice the Right Way

Notary Foundation

15

Matt Nelson

Moving Office to Home

42

OBITUARY

Raman Sadhra

Modelling a Supportive Workplace for Mental Health and Well-being

39

Rick Fisher

Rimpy Sadhra

Finding Success Through Hiring Foreign Talent

Marketing Strategies for a Professional Services Practice Elaine T. McCormack, Emily Sheard

A DIRECTOR, BC NOTARIES ASSOCIATION

Finding the Right Fit

36

Ken Keis

Minister Kahlon, Ministry of Jobs, Economic Recovery and Innovation

On The Path to Success

34

Elaine Hughesman

In a Lighter Vein

48

Filip de Sagher

Hot Topics in Notary Practice 2022

49

Dr. Margaret Hall

Corporations and Notarial Practice

51

David Barroqueiro

The Power of People Insights

54

Rachelle Lee

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


THE MiX Editor’s

32

Services a BC Notary Can Provide

33

SECURITY

BCNA information Current Fraud Prevention

56 62

Kim Krushell

ORIGINAL RECIPE EGGKAKE (THE SPECIAL) Stormer Yttri

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Published by the BC Notaries Association Editor-in-Chief

Val Wilson

BCNA CEO

Chad Rintoul

Administrative Coordinator

Olivia Kuyvenhoven

Courier Lightspeed Courier & Logistics

WILLS & ESTATES

Gifts to Will Witnesses or Their Spouses

66

Services a BC Notary Can Provide

68

Trevor Todd

Photographer

Wildman Photography

Production

fractal design inc. (www.fractal.ca)

CUSTOMER SERVICE

Dye & Durham’s Commitment to Serving the BC Legal Community Well

69

Andrew Putnam

The Scrivener email:

scrivener@bcnotaryassociation.ca

website: www.bcnotaryassociation.ca

ELDER LAW

Introducing the New “Practical Guide to Elder Abuse and Neglect Law in Canada” Krista James

71

WORK POSITIONS

SIT/STAND?

Send photographs to scrivener@bcnotaryassociation.ca .

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Dr. Aleem Remtulla ASSOCIATION OF BRITISH COLUMBIA LAND SURVEYORS

The Future of Land Surveying in British Columbia

76

PEOPLE

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The Scrivener: What’s in a Name?

All rights reserved. Contents may not be reprinted or reproduced without written permission from the publisher. This journal is a forum for discussion, not a medium of official pronouncement. The BC Notaries Association does not, in any sense, endorse or accept responsibility for opinions expressed by contributors.

“A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford English Dictionary describes a scrivener, the craftsman charged with ensuring that the written affairs of others flow smoothly, seamlessly, and accurately. Where a scrivener must record the files accurately, it’s the Notary whose Seal is bond. We chose The Scrivener as the name of our magazine to celebrate the Notary’s role in drafting, communicating, authenticating, and getting the facts straight. We strive

CANADA POST: PUBLICATIONS MAIL AGREEMENT No. 40010827 Postage Paid at Vancouver, BC RETURN UNDELIVERABLE CANADIAN ADDRESSES TO CIRCULATION DEPT.

members, our allied professionals in business, and

BC NOTARIES ASSOCIATION SUITE 201, 2453 BEACON AVENUE SIDNEY, BRITISH COLUMBIA V8L 1X7

the public in British Columbia.

WWW.BCNOTARYASSOCIATION.CA

to publish articles about points of law and the Notary profession for the education and enjoyment of our

Volume 31, Number 1, Spring /Summer 2022

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CEO, BC NOTARIES ASSOCIATION

S

mall business is the backbone of our provincial economy. Many Notary practices are small businesses providing employment opportunities in their communities and vital noncontentious legal services to the citizens of British Columbia. In this edition of The Scrivener, we are highlighting some elements of running a successful business. The British Columbia Notaries Association (BCNA) plays an important role in supporting Notaries as legal professionals and, in many cases as businessowners. In keeping with our Strategic Plan, we have completed a marketing strategy to help direct the Association’s advertising efforts and developed a digital toolkit for Notaries that can be found in the Members Area of the BCNA website. There, BC Notaries can access a social media library of templates and tips to develop their own social media advertising campaign. The BCNA has also partnered with Mercer Benefits, to make available an optional benefits program for Notaries and their employees. Leveraging our collective numbers has helped to provide cost-effective extended benefits that help members take care of themselves and serves as a valuable tool in helping with employee retention. Advocating on behalf of the profession is another key responsibility of the BCNA.

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Notaries are passionate about their demanding careers. As members in the British Columbia Notaries Association, busy Notaries look to the BCNA for advocacy. We are facing significant change in British Columbia with the Ministry of the Attorney General announcement in March of this year that they will move to unify legislation and regulation of the legal professions.

Tracey Scott Photography

Government Initiates Change Chad Rintoul

in regulation under the new legislation;

• t he independent and unique identity of BC Notaries in the practice of noncontentious law is maintained in new legislation and regulation;

• t he BCNA will continue to receive funding for continuing education programs and initiatives for BC Notaries from The Notary Foundation or its successor entity; and • t he BCNA will remain as a member-based organization to advocate, educate, promote, and support Notaries throughout British Columbia. Our expanded scope of practice advocacy has been consistent in recent years. With the goal of providing British Columbians with greater access to noncontentious legal services, the BCNA has actively promoted changes to the scope of practice for BC Notaries in the areas of • t he ability to provide advice and prepare testamentary trusts and life estates; • t he ability to provide advice and prepare and file probate documents in the Court’s registry; and • t he ability to provide advice to incorporate and maintain records of companies. It will be an interesting and challenging year ahead. While other priorities will be identified as this dialogue with the province advances, the BCNA will work to ensure Notaries have a voice in the process. s

• e xpanded scope of practice for BC Notaries is enabled

Respectfully, Chad Rintoul Chief Executive Officer

The BCNA recognizes that the Ministry of the Attorney General is the driver of this process; we have been informed that the responsibilities and level of involvement of the regulator (Society of Notaries Public of British Columbia representing the public interest) will be more in depth and differ from that of the professional association. Government has however confirmed with the BCNA that we will be invited to consultation alongside the Canadian Bar Association BC at appropriate stages throughout the process. With future consultation in mind, I want to share with you some key positions the BCNA Board has discussed and will raise with government. It will be the intention of the BCNA to ensure

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


PRESIDENT, BC NOTARIES ASSOCIATION

I

n November 2015, while I was serving on the Board of The Society of Notaries Public, a 3-day strategic planning session was held. One of the outcomes of that session was the decision to split the professional advocacy role of The Society away from the regulator and form a separate entity, now the BC Notaries Association (BCNA). The driving force behind that decision was twofold. First, it was simply the right thing to do. The public regulator function and the professional advocacy function needed to be separated. That was in the best interests of both the public and the profession. Second, we discussed how professional governance in BC was changing and that it was very likely that one day legislation would be amended that would make it impossible for the regulator to advocate for both the public and the profession—and that we should be out-in-front of such a change. On March 3, 2022, that reasoning became a reality with the announcement by the Ministry of Attorney General that professional governance of legal services was about to go through a major change— one regulator would regulate all legal service providers, the goal being to enhance public protection and increase access to justice for all British Columbians. That is certainly a pursuit worthy of our support. Volume 31, Number 1, Spring /Summer 2022

Changes Ahead Daniel Boisvert

This also became even more clear to me that day: The ongoing role of the BCNA is to ensure that through the process, BC Notaries will maintain their very specific identity as providers of the noncontentious legal services that we have delivered to British Columbians since our Society was formed in 1927. Now more than ever, the profession needs a voice with government to ensure that our unique and much-needed services to the public are not just maintained but enhanced. The change in legislation is an excellent opportunity for Notaries to showcase the exceptional work we do each day in British Columbia and why we should be entrusted with an expanded scope of practice. The BCNA will spend the next several months engaging with government and other stakeholders to ensure the voices of our profession are heard. In this issue of The Scrivener, we explore the elements of running a successful business. As I reflect on the past 14 years of running mine and, more important, look ahead to the next 14 years, this is what I see . . . •

I love my work.

I love my office.

I love my staff.

I love my clients.

The Scrivener | www.bcnotaryassociation.ca

To me, that means I am running a successful business! It’s sometimes too easy to get caught up in the daily minutia of running a business to determine whether it’s successful. You can analyze financial statements and re-work operational and HR policies all you want, but if you don’t love being there, if your employees don’t love being there, and if clients don’t love being there, then regardless of any other measure of success, I am not sure you have a successful business. When I am working on my business, this is my focus and my path to success. • H ow do I create a better experience for my staff and for my customers? • A sk your staff, “Are you happy here? How can I make it better for you?” • A sk your clients those same questions. Their answers may surprise you. Then be sure you act on the data to create a better overall experience. Success will follow. I hope you enjoy this issue of The Scrivener and take in the various perspectives on how others define the elements of running a successful business. s TABLE OF CONTENTS

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Choice Profession

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www.wildmanphotography.com

KEYNOTE

Brighter futures. One home at a time.

Val Wilson Editor-in-Chief

n my experience with the BC Notaries over the years, I have found that individuals who choose the Notary profession do so for many reasons—including • a strong interest in the law; • the wish to work with people; • the desire to make a difference; and • the career goal of independence as entrepreneurs with a measure of control over their time.

Notaries build client relationships that beget relationships. Families enjoy working with their neighbourhood Notary and often recommend the Notary’s services to other family members and their friends, too. Having your personal papers in place—a Will, a Representation Agreement, an Advance Health Care Directive, and a Power of Attorney (W.R.A.P.)—provides the peace of mind that comes with knowing your assets will be distributed according to your wishes and your loved ones have been given due consideration for the time when you are no longer with them.

At EFry, we know a safe home is the foundation of stable life. We’re creating new ultra-affordable housing for vulnerable women & children. Together with offering job training, parenting support and child development programming, these homes will open the doorway to a healthier tomorrow. You can help. Please visit elizabethfry.com/donate-now.

For a list of the noncontentious legal services that most BC Notaries can provide, please go to page 33. Thank you to Notary Rimpy Sadhra for suggesting the theme for this issue. It is important to note that the excellent information in the articles applies to businesses beyond the realm of BC Notaries. s

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BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022

Scrivener Ad / Dec 2021 1/2 Page Vertical 3.625" x 9.75"


COVER STORY Ravi Kahlon was first elected as a member of the legislative assembly (MLA) for Delta North in May 2017 and was named British Columbia’s Minister of Jobs, Economic Recovery and Innovation in November 2020.

A Clear Path Forward

T

He previously served as the Parliamentary Secretary for Forests, Lands, Natural Resource Operations and Rural Development, where he championed the use of mass timber and innovation in BC’s forest sector.

he last 2 years have been incredibly challenging; the pandemic and extreme weather events have tested us all.

As tough as it has been, we’ve learned something very important about ourselves and our province. At our best, we are a community. In B.C., we pull together and look out for one another. I’ve witnessed our resilient and determined spirit—the spirit that gives us hope for a better future and points the way to an even stronger B.C. From the beginning, we have put people first. We worked closely with small businesses across all sectors and all parts of the province to reopen, adapt, hire, and grow. During the peak of COVID-19, we provided the highest per-capita supports for people and businesses in Canada. In total, the Province has now exceeded the initial commitment to provide $1.5 billion to help people, businesses, and communities impacted by the pandemic with our economic recovery plan. This includes more than half-a-billion dollars, (through the Small- and Medium-Sized Business Recovery, Circuit Breaker Business Relief, and COVID-19 Closure Relief grant programs), of direct support to tens of thousands of B.C. businessowners to help them navigate the challenges of operating in the pandemic and to continue to safely support the people in their communities. I know that some of you had to close your doors in the early days of the pandemic. Real estate agents couldn’t host in-person open houses. Many professionals had to figure out how to move their services online. Notaries may have found space at home

Volume 31, Number 1, Spring /Summer 2022

Minister Kahlon, Ministry of Jobs, Economic Recovery and Innovation

As Parliamentary Secretary for Sport and Multiculturalism, he helped restore the BC Human Rights Commission and travelled the province to build an anti-racism strategy. In public life, Ravi has drawn on the values he learned growing up in Victoria, where he was raised by parents who immigrated to Canada from India. His mother owned and operated a restaurant where she had worked as a prep cook and his father worked in a sawmill. From them, Ravi gained a lasting appreciation of the contribution made by working people and small business to our economy. As Minister of Jobs, Economic Recovery and Innovation, Ravi’s first priority has been to support families and communities through the pandemic, and he is working closely with business, workers, First Nations, and communities to develop and deliver on a strategy for long-term sustainability, jobs, and growth. Ravi’s love for sports and athletic competition has also shaped his outlook. When he was 7 years old, his father introduced him to field hockey. A two-time Olympian, Ravi played field hockey for Team Canada at the 2000 and 2008 Olympics. He has competed in more than 25 international sporting competitions. At the Beijing Olympics, 26 of Ravi’s family members attended to watch him compete in one of his proudest moments. In 2013, Ravi was inducted into the Delta Sports Hall of Fame. Before he was elected as an MLA, Ravi worked in banking. He moved to Delta, BC, in 2005, and has been active in the North Delta community for many years as a volunteer on the Boards of the Delta Parks and Recreation Committee and Men’s High-Performance Field Hockey BC. Ravi is also a certified coach and mentor to many young people in North Delta. He spends time coaching field hockey and soccer where, just like his father, he is introducing the sport to his young son.

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to telework. You found ways to make it work and we’ve pulled through this by working together. As we embrace Spring and continue taking steps to put the pandemic behind us, I want to thank the B.C. businesses that helped get us here. Your incredible determination, hard work, and adaptability are why our province leads the country in economic recovery.

bold, ambitious, and right for the moment and for the future we want. Our plan puts forward two key goals— inclusive and clean growth—and six core missions to guide our government’s work. It’s built on the principle that by tackling big challenges like climate change and inequality, we can grow an economy that is more competitive, productive, and resilient.

The six core missions will keep us focused and B.C. has seen 8 straight months of job growth. on track as we reach our goals. Wages are rising. Industries 1. Supporting people that were disrupted during the and families pandemic are thriving once again. As we embrace Spring We added 100,000 jobs in 2021. 2. B uilding resilient and continue taking steps We welcomed more than 100,000 communities to put the pandemic people in 2021 who are now 3. Advancing, true, lasting, behind us, I want to thank choosing to make B.C. their new and meaningful reconciliation home; this is a record number for the B.C. businesses that 4. Meeting our climate the last 60 years. They are coming helped get us here. commitments because they know B.C. is the Your incredible place to be—a province full of 5. L eading on environmental determination, hard opportunity. and social responsibility

work, and adaptability

We are building on this 6. Fostering innovation are why our province leads momentum. When Premier across our economy the country in economic Horgan appointed me to Cabinet Our StrongerBC Economic Plan as Minister of Jobs, Economic recovery. represents a fundamental shift Recovery and Innovation, he asked in how we think about economic me to build on B.C.’s economic development and growth. We recovery strategy and to work with are determined for the benefits of growth to be felt by British Columbians on a long-term economic plan. As a you and your families, in your businesses, and your first step in building this plan, we listened to thousands communities. of people from all walks of life—business leaders, First For example, the plan emphasises investments Nations, labour leaders, not-for-profits, community and in child care as a means to reduce barriers to workforce environmental organizations, and others. participation. It adds value and jobs in our natural It was inspiring to hear from so many and it struck resource sector by leveraging low-carbon technologies me how much we care about the same things. We want such as mass timber. It improves competitiveness by homes people can afford; good schools and hospitals; closing the digital divide. It opens up new markets by for our kids to be future ready and to get the skills they leveraging B.C.’s low-carbon advantage and reputation need for the jobs of tomorrow; to fight climate change; for environmental and social responsibility. And it to have meaningful and lasting reconciliation; for advances lasting and meaningful reconciliation with businesses to thrive; and entrepreneurs to take risks. First Nations and Indigenous Peoples. We also heard how the pandemic exposed deep, We now know there will be 1 million new job long-standing vulnerabilities in our society and people openings in B.C. over the next 10 years and that 80 told us we can’t go back to the way things were before. per cent of them will require postsecondary education We want a province and an economy that works for all or skills training. That is both a challenge and an British Columbians. We know we are at our best when opportunity. As small businessowners, you know everyone shares in a prosperous future. better than I do that we already have a labour shortage That is why our government launched the StrongerBC Economic Plan—to help make life better for people. It is a whole-of-government plan, that is

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in various industries. To help get British Columbians future ready and to fill these jobs for the expansion of your businesses, our StrongerBC Economic Plan

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


includes a generational commitment to accelerate talent development and training across the province to close the skills gap.

about 1 million British Columbians. You are B.C.’s bedrock.

I grew up in the home of immigrant entrepreneurs and know, firsthand, the challenges my parents faced Of the many small businesspeople affected by running a small business to make a living. the pandemic, Indigenous, Small businesses are pillars in their Black, and People of Colour communities, creating jobs, providing (IBPOC), women, persons Small businesses needed goods and services, and our with disabilities, 2SLGBTQ+, government will continue to have your are pillars in their immigrants, and young owners back. communities, creating were disproportionately affected. I have been in awe of the grit and jobs, providing needed The StrongerBC Economic Plan determination shown by B.C. businesses. will provide comprehensive goods and services... As tough as COVID has been, you have support, like new entrepreneur helped bring out our best. There are training, to these small brighter days ahead. With the StrongerBC businesspeople through the Economic Plan, we have a clear path development of the Small Business Diversity and forward. This is a plan built by British Columbians for Inclusion Action Plan. By continuing to invest in people, British Columbians—because an economy built for we are developing a stronger, more inclusive workforce, people is an economy built to succeed. and positioning B.C. to keep competing on a global scale. To learn more about the StrongerBC Economic Plan, I’m proud to say our province is home to more small businesses per capita than anywhere else in Canada with more than 520,000 small businesses employing

visit https://strongerbc.gov.bc.ca/plan. Minister Ravi Kahlon, Ministry of Jobs, Economic Recovery and Innovation

YOUR WILL CAN MAKE A DIFFERENCE IN YOUR COMMUNITY W I LL POWER

TM

willpower.ca/charities/the-victoria-foundation

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A DIRECTOR, BC NOTARIES ASSOCIATION

On The Path to Success “SOME PEOPLE DREAM OF SUCCESS, WHILE OTHER PEOPLE GET UP EVERY MORNING AND MAKE IT HAPPEN.” - Wayne Huizenga Rimpy Sadhra

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he definition of success is unique to all of us. For me, success is an everyday achievement. Successful people are never content with the status quo—they are always striving for more. Success is not achieved overnight or in a week or a year. It takes years of continuous hard work, dedication, and perseverance to achieve success and/or feel successful. Some Notaries are sole proprietors; most run smallto-medium size practices with several staff. Each of us has our own vision of a successful practice. Many measure success by how much money they make. Others measure their business by popularity, size of their business, or by how many staff they have. Some measure success based on their professional reputation. I measure success as a feeling. I always imagined I would be a businessowner one day. When I found my calling as a BC Notary, I envisioned a firm operating on a significant scale. I could say I wanted to be a Jessica Pearson (from the TV show Suits)—the noncontentious version, of course. Being a professional was going to be hard work but personally fulfilling—with multiple offices and staff, a large client portfolio, a flexible schedule where I would set my own hours, and most important be able to raise a family. I thought I would easily achieve work-life balance. While taking the Master of Arts in Applied Legal Studies Program (MA ALS) at SFU for qualification as a BC Notary Public, I realized that to achieve my goal, I would need a business partner. Who was better suited than Raman, my partner in life? After he was also commissioned as a BC Notary, our goal was to be the best Notaries we could be, respected among our peers, running professional Notary offices with hardworking Volume 31, Number 1, Spring /Summer 2022

teams, creating positive work environments, and providing excellent customer service to our clients. We worked long days in separate offices and would rush home to switch into our mommy and daddy hats. Family has always been at the forefront, with our kids our top priority. We focus on the happiness of our children. Coming from corporate work environments, we both knew that reliable, personable, and trustworthy relationships with our clients would help us grow and achieve a successful business in the long term. With work, we want to ensure we serve our clients well and that our offices are running smoothly and our staff are happy. To further our strategy of working together and expanding further, my brother Jay Khera was commissioned as a Notary and we opened a third Notary office. Benjamin Franklin said, “Without continual growth and progress, such words as improvement, achievement, and success have no meaning.” As businessowners, we wear many hats on a daily basis. We may be the landlord or tenant; an employer; HR coordinator; a staff person, colleague or partner; compliance officer; IT specialist; marketing manager; the receptionist; conveyancer, and of course Notary. At first, it was all very challenging but I would do it all over again. As businessowners we are always “on.” With 0 staff or 10, running a business is a profession in itself. We manage people and their expectations. We are accountable to our staff, our suppliers, service providers, clients, the public, our professional body, and our peers. In addition to being a Notary, I give back through teaching student Notaries and staff—confident and proud to be able to mentor new Notaries, be a support source for my peers, and increase the knowledge level and reputation of our profession. I am also humbled at the appreciation and trust our clients place in us.

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The most valuable and fulfilling part of running our business is our clients. Many of our clients have been with us since we opened; they have seen us grow.

WELCOME ABOARD!

We take pride in letting our clients know we enjoy personal lives and responsibilities outside of work. We are parents and doing our best to raise our children. Some of our clients remember the days our daughter or son would be in the office playing on the floor. We share stories of our ageing parents, siblings, and other family events and obligations.

The West Coast Notaries Team: Keshia, Raman, Rimpy, Jay, Trudi

That feeling of success I was talking about earlier includes clients coming back again and again and referring their own families and friends to us. I love being a Notary. I love being a businessowner. I love being an employer. I still enjoy getting up every morning and running my own Notary practice. Is it hard? Yes! Do I want more? Yes! I feel there is always room for more efficiency, learning, and growth. I can always do more, do better, and achieve more! In reality, the idea of work/life balance for a selfemployed businessowner often sees the pendulum tip in favour of work. I am sure the majority of my colleagues would agree that a businessowner thinks about work 24 hours a day, 7 days a week. The office hours are not just 9 to 5—you can be on vacation sitting on the beach in Mexico and still think about the workday.

MEMBERSHIP HAS BENEFITS:

• JOIN A GROUP OF LIKE-MINDED PROFESSIONALS • COURSES & WEBINARS TO CONTINUE YOUR EDUCATION IN THE INDUSTRY • NETWORK WITH LEADING INDUSTRY EXPERTS BECOME A MEMBER TODAY! LEARN MORE AT: www.cmbabc.ca | 604.408.9989

Being successful requires teamwork to manage our professional and personal worlds. That teamwork involves our co-workers, family, and even friends. Raman and I continue to set new goals and work together to achieve them. Almost 20 years ago, my sister gave us a wedding gift . . . a painting from our engagement with a quote from Henry Ford, “Coming together is the beginning; keeping together is progress; working together is success.” As I reflect on the past 10 years as a Notary, I feel I am just getting warmed up. I am humbled by all we have achieved and even more excited to see what is next! s Rimpy Sadhra is a BC Notary with West Coast Notaries; they have offices in Vancouver, Burnaby, and Coquitlam.

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Volume 31, Number 1, Spring /Summer 2022


ELEMENTS OF A SUCCESSFUL BUSINESS

Finding the Right Fit “THE ACHIEVEMENTS OF AN ORGANIZATION ARE THE RESULTS OF THE COMBINED EFFORT OF EACH INDIVIDUAL.” - The late great football coach Vince Lombardi Raman Sadhra

F

inding the right staff-fit is key to a smoothrunning office. We look for work ethic, passion, and the drive to learn. Experience and education are assets, of course. We seek team players—those eager and willing to learn, who can adapt to a fast-paced environment.

Our hiring policy begins with an offer for review, followed by an employment contract. We advise our new hires to obtain independent legal advice, if needed. Our staff goes through an orientation of office procedures and are provided an employee handbook that covers office policies including work attire, social media access, and holidays. Staff go through FINTRAC training and sign a confidentiality agreement. We review everything together and have an open discussion about the person’s development plan. After the probationary period, we complete an evaluation and work to identify the positive aspects of the position and determine how to improve on the more challenging areas. Next comes training. The time we invest up front pays off in the long run. Current staff shadow with the new person and we work as much as possible with them both. It is crucial for us to train and provide that support, especially in the first few weeks to allow us to evaluate strengths and weaknesses firsthand. Of course not every aspect of the job will be enjoyable; it is important to acknowledge the new person’s thoughts and feelings. Sometimes having that conversation results in our being able to re-assign specific duties to a coworker who enjoys that facet of the job more. We recognize some individuals excel at certain tasks that others may not. We move forward by using the skills presented by everyone’s unique qualities. That helps reduce stress levels in the employee and the businessowner. Ideally, we like to conduct monthly team meetings to discuss ways to be more effective and efficient. Volume 31, Number 1, Spring /Summer 2022

Although our meetings may last only 10 minutes, they allow us to do a quick check on the flow of the month’s files, assess client management, and identify potential upcoming issues. In our meetings we encourage our staff to bring forth suggestions for improvement or where they want to see additional support. It is important that our staff members enjoy what they do and that the work environment is friendly and supportive. As I am sure most Notaries do, we have an open-door policy. We encourage our co-workers to ask questions at any time. In our business, accuracy is so crucial. It is important to get things done right. Empowering our staff to assume additional responsibility makes them feel part of the team. Checking in with staff to see if they are engaged helps us learn whether they are seeking change or new challenges at work and it shows you are invested in their growth. Providing continuous training, support, and education to staff is important so they have the tools and resources to be productive in their roles. We look for opportunities to grow our staff within and to give them the confidence to grow. Especially after the last couple of years, it is important to be creative and flexible with staff . . . provide work schedules with nontraditional hours or consider job sharing with a co-worker. That could mean coming in on a Saturday or in the morning for a few hours, taking a couple of hours in mid-day to attend to family obligations, then returning to work later in the day. Teamwork is equally important. I am proud that our staff and colleagues are always ready to step up to help each other with tasks that may not be in “the job description” but need to be done. On days there seems no end in sight, taking coffee and treats to the office and playing upbeat music can inject energy into the environment! s Raman Sadhra is a Notary with West Coast Notaries, with offices in Burnaby, Coquitlam, and Vancouver.

The Scrivener | www.bcnotaryassociation.ca

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ELEMENTS OF A SUCCESSFUL BUSINESS

Finding Success Through Hiring Foreign Talent

O

wners of a small business prioritize and become experts at developing business strategies and executing daily operations. Recruitment can feel challenging. Essential recruitment and hiring skills can open new opportunities and propel a business forward, whereas a poor hiring decision can become an expensive and time-consuming mistake. The challenge is compounded by the fact that we currently find ourselves in an employees’ market where Canadian Employers are competing for talent within a limited talent pool. The recruitment success becomes more closely tied to the overall success of our business strategies. Have you turned down new clients or work because a support role was sitting vacant? We don’t have to become passive victims of the current situation. We can look to other Canadian companies who compete within industries that have been navigating ongoing talent shortages for years, such as Technology, to see how they continue to be successful. Those that found shortfalls in the local talent pool did not cancel their projects; instead they looked abroad and hired qualified talent from outside Canada. Companies can leverage programs the

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Matt Nelson

Canadian government offers that are designed to help businesses hire foreign workers and drive our economy.

Start the process of hiring a foreign worker by considering all the immigration options available to you as a Canadian employer... Hiring Great Talent from Outside Canada

candidate. Where one option might not be suitable for your candidate, there may be another immigration program that will work. Here are 7 steps to guide you toward successfully filling your position with a foreign worker. 1. Post a Clear and Precise Job Description. Include all essential requirements, responsibilities, and duties of the role as well as any specific language requirements. 2. Use the Free Local Services Available to Find Foreign Workers. a. Settlement Service Providers

To legally work within Canada, a person must be one of the following.

The organizations that can connect you with job-ready newcomers in Canada can be found through this government site. https://ircc. canada.ca/english/newcomers/ services

• A Canadian Citizen

b. Job Banks

• A Permanent Resident

Search Job Bank websites where agencies post foreign worker profiles. Some sites also allow employers to post jobs.

Before we look at how to hire outside Canada, let’s first define who can work in Canada.

• A Holder of a Valid Work Permit in Canada • An International Student (whose student visa specifically outlines work conditions) Kicking Off the Process Start the process of hiring a foreign worker by considering all the immigration options available to you as a Canadian employer as well as the options available for the BC Notaries Association

c. Canada’s Job Bank This is a free website where you can post your job, review labour market information, and connect with workers across Canada. d. Employee Referrals Ask your current employees! They can be a great source for potential Volume 31, Number 1, Spring /Summer 2022


candidates and they already know your business. e. Universities and Colleges Postsecondary institutions provide many services, including co-op and internships as well as placement services connecting foreign workers with employers.

6. Maintain close communication with the foreign worker to understand work permit processing timelines and ensure you understand any conditions of employment. 7. Receive the work permit! You may now legally hire your candidate! Some Advantages of Hiring Foreign Workers

Before disregarding those potentially strong candidates, consider whether the effort now will pay off for your business later.

3. Here is a Helpful Hint for the Interview. It is okay to ask whether a candidate can legally work in Canada. In instances where a candidate shares that he or she is already on a work permit, you may then ask further questions such as the type of work permit and whether the person can legally work for the company while on the existing work permit. 4. Ready to hire the foreign worker? Determine if your business requires a Labour Market Impact Assessment (LMIA) or if the candidate can be hired through an LMIA-exempt offer of employment. A Regulated Canadian Immigration Consultant (RCIC) or legal immigration counsel can provide insight and guidance for determining that information. 5. Have the worker apply for a work permit independently. Or with the help of a Regulated Canadian Immigration Consultant or counsel. Volume 31, Number 1, Spring /Summer 2022

1. Find strong qualified candidates where none are available locally. 2. Escape the local talent war. 3. Leverage new perspectives that can increase business effectiveness. 4. Increase the reach of your business through cultural richness and languages opening new markets. As you recruit for roles, you will inevitably come across candidates currently working on a work permit or will require a work permit to legally work within Canada. Before disregarding those potentially strong candidates, consider whether the effort now will pay off for your business later. There may be a program that simplifies hiring those candidates. The individual may be on an open work permit that requires no effort at all. Immigration continues to play a vital role in Canada’s economy and shows no signs of slowing down. Small businessowners should understand the available program options so they can make the best hiring decision for the business. s Matt Nelson, a Regulated Canadian Immigration Consultant & Senior HR Consultant with Pacific Rim HR & Immigration Inc., combines Immigration support with 15+ years as an HR leader offering strategic solutions for Immigration, HR services, and HR program development. www.pricanada.com The Scrivener | www.bcnotaryassociation.ca

Who Will See Your Ad in The Scrivener? BC Notaries Lawyers Land Surveyors of BC Real Estate Professionals Real Estate Boards and Associations Age-Friendly Designates MLAs and MPs in BC Life Insurance Brokers and Agents Accountants Managers of Financial Institutions Investment Management Agencies Provincial and Federal Court Judges Registrars Mayors Government Ministries of Libraries: Public and Private, including Law Society, Legal Services, Education Facilities Chambers of Commerce BC Housing BC Assessment Ministry of Citizens’ Services: Real Property Division

Fall Advertising Space Deadline August 25, 2022 scrivener@bcnotaryassociation.ca www.bcnotaryassociation.ca TABLE OF CONTENTS

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ELEMENTS OF A SUCCESSFUL BUSINESS

Modelling a Supportive Workplace for Mental Health and Well-being Rachelle Lee

I

n February 2022, Rachelle Lee moderated a panel discussion during the BCNA Annual Continuing Education Program on how to best create a supportive workplace for mental health and well-being. The following is a summary of the topics covered and a presentation on best practices for employee assistance programs (EAPs). We can all agree on one thing: It’s been a tough couple of years for employees at every level in an organization. Working from home, not working from home, too much work or job loss, family pressures, ever-changing regulations, drastic changes to workplace routines, and health anxiety—all of those and more have wreaked havoc with our lives and our plans. They’ve also taken an additional toll on those struggling with mental health and with addiction issues, two subjects that were already the most challenging subjects to discuss. Employees were struggling with mental health issues at an unprecedented level before the pandemic. COVID made it worse, particularly if someone had a preexisting mental health challenge.

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According to a 2020 CAMH report on Mental Health in Canada, “The pandemic has both magnified and added to this crisis and highlighted how crucial mental health promotion and care are to our overall wellbeing.” Statistics from the same CAMH report back up these observations. • In the Fall of 2020, 1 in 5 (21%) Canadians age 18 and older screened positive for symptoms of depression, anxiety, or posttraumatic stress disorder. That number rose to 1 in 4 (25%) by the Fall of 2021.

A recent poll found that 50% of Canadians reported worsening mental health since the pandemic began...

• Mental illness is a leading cause of disability in Canada. • A recent poll found that 50% of Canadians reported worsening mental health since the pandemic began, with many feeling worried (44%) and anxious (41%). Burden at All Levels The economic burden of mental illness in Canada is well documented, estimated at $51 billion per year. That includes health care costs, BC Notaries Association

lost productivity, and reductions in health-related quality of life. Calculating the costs is complex because people with a mental illness are twice as likely to have a co-occurring substance use problem compared to the general population. That impacts diagnosis, care, and treatment and adds additional stigma to a topic that’s already not easy for many to talk about. As Craig Fluter explains, an addictions advocate at Westcoast Interventions and one of the panelists at the BCNA Conference, “People report shame and guilt as Craig Fluter key reasons for not seeking help.” The other panel members, Tammy Morin Nakashima and Sylvia Anderson concurred. Tammy Morin Nakashima Anderson is a specialist with HumanaCare, a leading provider of employee and family assistance programs (EAPs); Morin Sylvia Anderson Nakashima is a BC Notary with personal experiences of how the mental health of business colleagues can impact everyone involved. Fortunately, The Society of Notaries Public of BC provides HumanaCare services to its members. Volume 31, Number 1, Spring /Summer 2022


It has been reported that 50 per cent of Canadians would tell friends or co-workers that they have a family member with a mental illness, compared to 72 per cent who would discuss a diagnosis of cancer. Given how mental health and addiction were viewed in the past, those reactions aren’t surprising. As recently as 2016, almost half of all Canadians believed that people use the term mental illness as an excuse for bad behaviour. Many, including those on our panel, believe although there’s been some progress, there’s still room for improvement. According to 2021 numbers from the Canadian Centre of Occupational Health and Safety, only 23 per cent of Canadians feel comfortable approaching their employer with a mental health issue. Support through Employee Assistance Programs (EAPs) As disruptive as it was, COVID did shine a spotlight on the growing crisis. More than half of today’s workforce believe their employer’s benefits offerings are more important now than before the pandemic. As a result, many companies have started to emphasize their importance. An EAP assists employees in handling and resolving psychological and emotional problems that may be affecting the employee’s performance. Typically, EAPs provide counselling, referrals, assessments, and followup checkins. The program extends to employees’ family members who may also be struggling mentally and emotionally. Effective EAP programs have demonstrated results in terms of health, productivity, morale, and motivation. Although organizations have traditionally viewed employee benefits as high cost, there’s more and more evidence that an EAP is Volume 31, Number 1, Spring /Summer 2022

an investment that delivers longterm rewards. When employers offer the right benefits, it shows employees that the organization truly values their contributions. A comprehensive and appealing set of benefits can make the difference in hiring and retaining an employee that otherwise might consider another employment offer.

Third, an EAP needs to address the nature of the workplace, its unique industry, structures, functions, and culture. If you are employed in the legal services industry as a Notary, you may face different attitudes and challenges around mental health and wellbeing from those working in social work or education.

What Makes for a Quality EAP?

Fourth, immediate action is key. A comprehensive program ensures an employee’s first point of contact is answered by professional counsellors, not an intervening mediary or answering machine. Early identification of an assessed issue, matched with the right specialty, results in higher-thanaverage case resolution. It also sends a strong message of support to the person who has summoned the courage to make the call.

Offering an EAP is part of an overall commitment to wellness. First, businessowners need to make the implementation of a comprehensive workplace mental health strategy a priority. That directs staff who need support to the best practices offered through a holistic EAP versus a selection of activities that don’t address the root causes to improve mental health and well-being.

...only 23 per cent of Canadians feel comfortable approaching their employer with a mental health issue. Second, every employee represents an individual story, which means people with different mental health challenges need to be offered varying treatment approaches. As recommended by CAMH in Workplace Mental Health: “Mental health supports are not a one-size-fits-all solution and different people, environments, and mental illnesses need different approaches. As part of an organization-wide mental health strategy, business leaders and other employers should ensure that employees have access to the mental health supports that best suit their needs.” The Scrivener | www.bcnotaryassociation.ca

Case study: HumanaCare Employee Family Services Program The following case study is an excellent example of a holistic EAP provided to the over 400 members of The Society of Notaries Public of BC. Notaries provide legal services in communities across the province, often in small communities where “everyone knows everyone”. That adds an additional layer of difficulty when dealing with personal mental health and/or addiction issues or those issues impacting family members of Notaries. HumanaCare is a Canadian employee health services organization with 43 years of delivering support to employees and their families who are facing problems affecting their job performance and/or their personal lives. A core component of the full-service benefit plan is a personalized care plan worked out for every individual, with one-onone access to a virtual therapist/ nurse. Inclusion is a fundamental value—the plan member’s care TABLE OF CONTENTS

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plans including considerations around spiritual, cultural, race, language disability, gender and sexual orientation, and properly match counsellors. HumanaCare’s commitment goes beyond words, for example, counselling is provided in over 100 languages.

• Health/Wellness Support • Legal Support

It’s a W.R.A.P.

• Crisis and Trauma Services • CBT Programs including Depression, Anxiety, Stress, Substance Use, Chronic Pain, and Insomnia • Mindfulness Program • Benefits Navigation

...at least 500,000 employed Canadians are unable to work due to mental health problems and approximately 175,000 full-time workers are absent from work due to mental illness.

Counselling and help are available 24/7 with live-answer telephone. Those features send the message to the employees that they are not part of some large group activity—they are respected and cared for as individuals. Immediate access and confidentiality also help overcome any hesitancy people might feel when getting the help they need. Services cover a broad area, again in recognition that one size doesn’t fit everyone. A holistic approach is necessary if the commitment is a mental health and wellness strategy versus a few disconnected activities. Services Include . . . • Counselling & Therapy • Addiction Support • Cancer Support • Health & Life Coaching • Child/Eldercare Services • Financial Support

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Are We Making Progress? There’s no silver bullet for solving the mental health crisis in our workplaces. The negative mental health impacts of COVID-19 can be expected to last for some time, placing added burden on Canada’s already overwhelmed mental health system. There are, however, signs of progress. HumanaCare reports that its EAP programs have resulted in over a 50 per cent improvement in their outcomes when compared with the industry norm. “We reduce absenteeism, improve employee engagement and productivity, and provide tools and support to help employees build resiliency,” says Anderson. The numbers are impressive, given that in any week at least 500,000 employed Canadians are unable to work due to mental health problems and approximately 175,000 full-time workers are absent from work due to mental illness. In addition, Canadian counselling centres report a 15 to 20 per cent increase in the number of counseling hours they have provided in 2021. It tells us that perhaps the stigma attached to reaching out for mental health may be abating. The reasons for an EAP are more compelling than ever as we work our way through 2022 and beyond. BC Notaries Association

“We’ve ensured our legal and health care wishes will be carried out, should either of us become incapacitated or pass away. Our loved ones will not be burdened by the stress of making our decisions for us.”

FOUR IMPORTANT PERSONAL PLANNING DOCUMENTS Will Representation Agreement Advance Health Care Directive Power of Attorney Give the gift of advance planning to your loved ones. Call your BC Notary today.

www.bcnotaryassociation.ca

By taking workplace mental health seriously and understanding that workforce performance and well-being are interdependent, employers can see a payoff in improved work performance and a profound change in organizational performance. For those receiving benefits, it’s a clear demonstration that they are valued employees and their company and industry association are committed to investing in their health and well-being over the long term. s Rachelle Lee, President, Einblau & Associates, is an organization development and management consultant specializing in training and coaching, leadership assessments, and facilitation of strategic conversations. Her work is focused on helping leaders and managers create a motivating work environment where staff are inspired to reach their full potential and achieve great things together. www.einblau.com Volume 31, Number 1, Spring /Summer 2022


ELEMENTS OF A SUCCESSFUL BUSINESS

Moving Office to Home Margaret Rankin and Xena

M

y 38-year experience in my Notary Public practice in a formal business office saw legal assistants, numerous temporary local high-school-student staff members, and various Notary and law students flowing through the practice.

I am now ensconced in my home office and thoroughly enjoying working in my home. My work day is more relaxed. I deal with my emails and telephone messages in the morning and my creative work on documentation and visiting with clients in the afternoons. I have the flexibility to make evening, weekend, and out-of-office appointments at other residences and hospitals when required and time allows. The office must be fully equipped with a computer and photocopy equipment, as well as secure storage-space for files. We have been very fortunate to have all those aspects come together beautifully in our home. Working from a home-office environment requires having easy access, good parking, safety precautions, and of course a business licence. Volume 31, Number 1, Spring /Summer 2022

On cold Winter days, it was so comfortable to turn on the fireplace in my office and welcome clients into a cozy environment. My office is spacious, accessible to fresh air when needed, with no stairs or elevators to encumber people with physical disabilities, and clients can park right up to the front door. It is very professional; the room is large enough for a couch to accommodate clients’ friends, care workers, personal assistants, and family members who may also come along for appointments. We take all the COVID safety precautions and have weathered all health storms to date. Clients are very cooperative in wearing masks and use the provided handsanitization at their discretion. I have never been disappointed with visitors accepting their own responsibility for the safety issues. Fresh air and social distancing helps; clients consistently assume their personal responsibility and protection for everyone. When clients have concerns about being inside, we can sign documents outside. Since moving into my home office, my Notary practice has changed. I now offer personal and estate-planning services, together with various other BC Notary duties. I no longer do real estate transactions or mortgages. The Scrivener | www.bcnotaryassociation.ca

Discussions requiring detailed personal situations, family-life idiosyncrasies, and asset-holdings require a secure environment. When it is appropriately explained, my clients are aware that the detailed information is required to produce the documentation to meet their needs. The process of reviewing personal information to create Wills, Powers of Attorney, Representation Agreements, and Advance Directives is working very well in the restful home atmosphere. Added elements of relaxation can include the distant serenading of my husband playing the piano or the casual visit into the office of our Burmese cat Xena. Last week a client brought her young granddaughter to the appointment because she wanted the girl to meet Xena. That was so special as we were dealing with the recent death of the client’s mother. Having family with her provided emotional support. I hope to enjoy providing Notary services for years to come. Now is the best time to consult your local Notary Public or lawyer to ensure your estate planning documents are in order. s BC Notary Margaret Rankin practises in North Vancouver, BC TABLE OF CONTENTS

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ELEMENTS OF A SUCCESSFUL BUSINESS

Selling Your Practice the Right Way Irina Bartnik

I

was a Cohort 1 BC Notary graduate in 2010.

As of December 1, 2021, I sold my Notary practice. This article addresses what made the sale a success for both parties involved and why I decided to sell. The most important part of the sale is full transparency. I began by putting my practice-for-sale ad on the Notary Members Private Website and also participated in the annual Notary Job Fair. Very quickly, several people were interested. The next step was to show my financials to potential buyers. Some sellers may not be comfortable with that part of transparency, but it is important. I was selling a successful business and I wanted the numbers to speak for themselves. That step eliminated most purchasers as they realized my practice was much busier than what they thought they could handle. Next, the potential buyer “Test Drove” my business by spending 2 weeks in the office. You would not buy a car without driving it or buy a house without seeing it. The buyer needed to know the business was the right fit for her. The next step was for the Notary to confirm she agreed to purchase the business. We agreed

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on the price, the terms, and the date the transaction would take place. Lawyers, one for me and one for the buyer, drafted the purchase and sale agreement. The purchasing Notary placed a good faith nonrefundable deposit in Trust with her lawyer and we started our journey to transfer the ownership of the business. Since she was a new Notary, she needed to learn a lot about actually running a busy Notary business.

The business structure resonated well with the purchasing Notary as it allowed for a good worklife balance for everyone on our team. As a part of a smooth transaction, we agreed the purchasing Notary would be a Staff Notary for 6 months in the practice, allowing time for business training and to introduce her to my existing clients. My staff and clients loved the new Staff Notary . . . we were on the right track. For the comfort of the purchasing Notary, I offered her the option of my staying there as a Roving Notary for 6 months after the initial 6 months of training. BC Notaries Association

The second important selling feature of the successful sale of my business was that Office Strategies and Procedures were set and easy to follow. I had developed a manual. I am a big supporter of worklife balance and always promoted that balance with my staff. For example, my staff knew that if they needed to take a couple of days off or a month’s vacation to travel in Europe, the answer was always, “No problem, you should do it.” Everyone in my office was always finished by 5 p.m. and would rarely stay past that time. As a result, we worked as a team, strived to be as efficient as possible, and only took as much business as we could handle . . . and it was still substantial. The business structure resonated well with the purchasing Notary as it allowed for a good worklife balance for everyone on our team. I am now a Roving Notary who provides vacation relief for other Notaries. My dream is to travel and explore BC as much as I can. I have an exciting and flexible career that allows me to achieve my travel goals at the same time. If you have questions about the sale of a practice, I am happy to chat. Irina Bartnik notaryinbc@gmail.com Volume 31, Number 1, Spring /Summer 2022


ELEMENTS OF A SUCCESSFUL BUSINESS

Technology in the World of a Notary Lisa Berry Vander Heide

W

hen you look around the office of a busy Notary practice, you will see many familiar items. There’s the computer on the desk connecting the Notary with more information than launched the space program; the multiline VOIP telephone system with voicemail and transfer capabilities that keep contact with clients past, present, and future; and of course you’ll see the multifunction copier—the nerve centre of many an office. Suffice to say, technology has brought and will continue to bring many changes to our practices. Many of our members will remember when things were done on the “carbonless” forms and credit cards for payment were a new thing—(remember the slide credit card machine?).

Even algorhithms have been known to go wrong. Review of the final documents will always be required. The Land Title System has gone to a totally online program. Notaries are busy and don’t have the time, or hire an agent, to go to the Land Title Office to file registrations. Conveyancing and Land Title registration will continue to evolve. Other technological changes in a Notary office would include the use of cashless payment systems. For day-to-day bill-paying and client invoices, we have debit/credit systems of payment. A limited amount of cash on hand in an office is better for staff safety. We all can think of things we would like to see in technology, but it has a long way to go in some areas such as banking; proprietary software needs to be more compatible.

Let’s take a trip back to the infancy of technology, the ‘80s.

Other office technology that enhances productivity includes interoffice communications systems such as Skype, MS Teams, and other “intercom” replacement systems. As Notaries we are constantly aware of dates and deadlines. A good calendar program to track and diarize items is vital to keep those 40-deal days organized.

Most of the conveyancing, especially statements of adjustment, was done by hand. Incorrect calculations could lead to errors. Today’s conveyance programs reduce the errors and help create much better finished products.

Recent innovations have allowed for video conferencing for document signings. The technology has been available for quite some time but its beta test really came out during the pandemic events of the past 2 years. Our office’s first video signing was

Today, technology has brought a great deal of efficiency and time savings to the world of a BC Notary. As with anything, there are inevitable growing pains and “bugs” to be worked out.

Volume 31, Number 1, Spring /Summer 2022

The Scrivener | www.bcnotaryassociation.ca

actually from Russia. Having a handle on time zones sure helps. While technology brings changes, technology in and of itself isn’t innately good or bad. It’s simply change. We as a group and as individuals have an obligation to keep up with the changing technology of our industry and the ancillary professions associated with it. Some high-priority challenges would be the balance of technology/productivity with security. Frustration runs high when there are problems that aren’t fixed, but it has always been and will continue to be the ingenuity of the user that gets the job done when there is adversity . . . for through adversity comes strength. Keep in mind the saying about putting all your eggs in one basket. There still will be a need for—believe it or not—typewriters, index cards, and pens in an office. It is up to the Notary, staff, and clients to select appropriate technology for their particular situation, needs, and risk levels. Knowing what’s out there and educating yourself about it is vital. A successful practice is one that always has a Plan B for when the copier or fax goes down, the power is out, and the Internet crashes. The connection between BC Notaries and technology isn’t a competition. It’s a relationship—and its status sometimes is “complicated,” but mostly “we’re working on it.” Lisa Berry Vander Heide has been a Notary Public in Creston since 2015, partnered with Lorne Mann. TABLE OF CONTENTS

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George E.H. Cadman, Q.C.*

BUSINESS

604 647 4123 | gehcqc@boughtonlaw.com

What have you learned so far about running a business?

With over 30 years’ experience, George makes the complex simple to resolve your real estate or corporate disputes. *Member of the Notaries Public Board of Examiners

Sally Houghton

My first year in practice as a sole practitioner has taught me a few things.

Don’t hire staff until you need them. It adds unnecessary stress about money and extra paperwork when you’re still setting up.

Uniquely West Coast™

Play to your strengths. If you can manage your finances using a spreadsheet, do it. Carefully choose your expenditures . . . think about a scanner, printers, paper, payment-processing, phones, domain name, website, email, and signage before buying all that software on annual licences. Overall, consider the first year as the time to set up things the way you feel you will always want them . . . and realize you will likely change your mind at least a few times. s Notary Sally Houghton, Quadra Island.

Elements of Running a Successful Business? Be efficient. Margot Rutherford

Charge a fair fee for your time.

Hire employees who are sensitive to your clients’ needs.

Trevor, Jackson and Chuck E. Todd providing excellent legal services in contested wills, trusts and estates for over 50 years. disinherited.com rttodd@disinherited.com | t. 604.264.8470

Pay a fair wage to your employees because their work is what makes your company efficient. Never take on more work than you can successfully perform. • Treat people with respect. • Keep a positive frame of mind. •K eep well informed of changes in the industry. s Notary Margot Rutherford, Courtenay, BC.

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ELEMENTS OF A SUCCESSFUL BUSINESS s

Four Things You Can Start This Week to Optimize Your Digital Marketing Mark Smiciklas

W

hether you have a new or established business, chances are you have a nagging feeling that marketing your services online is something you should do more—and spend more time and money. Well, the good news is that with some easy resources and tools now available at your fingertips, you can dig into a few or all of these marketing recommendations and cross them off your list— this week! 1. Check Your Website. To start, if you don’t have one already, you need one. Today’s customers aren’t going to overlook the lack of a business website and they will have a hard time finding you if you don’t have one. Ask for web-developer recommendations from other businesses whose sites you admire. You may opt for a simple site to control the costs. If you already have a website, now is a great time to revisit it with fresh eyes. Is it a good representation of your business today? Is the information correct and complete? Make a list of all the updates you need and do them all at once. If needed, involve your original website developer to make the changes. 2. Search for Your Business Online. When you search for your business services and location in Google as if you were a potential customer, what comes up? As you look down the list, first you will see several ads. They appear in priority because they were paid. You can run ads, too, if you have a monthly budget for advertising; that can be quite economical depending how competitive the keywords related to your services are. After the ads, the listings that appear first in the search are the ones whose websites are the most optimized for the terms you are searching. To optimize Volume 31, Number 1, Spring /Summer 2022

your website, decide what search terms are most important to your business, for example, Notary and your town. You can work with your website developer or digital marketer to increase your Search Engine Optimization (SEO) for those terms. Ideally, you want your website to appear on the first page of any Google search. That’s because, according to multiple studies, only an average of 25 to 35 per cent of users go to the second page of Google search results. 3. Check Your Google Business Profile and Reviews. You know those business listings that appear in Google maps? You can create yours free, or “verify” one that already exists for your business location. Customize yours with photos and logo and include essential details such as opening hours, address, services, and contact information. Customers can also leave reviews for your business; that “social proof” is essential reading for potential new customers. More than 50 per cent of people searching online look at reviews before deciding. Make a habit of asking for reviews from your happy customers and replying to positive and negative reviews via your Google business profile. 4. Choose Your Social Media Sites and Ads. If you’re short on time and marketing resources, our recommendation is always to pick 1 or 2 social-media platforms where most of your potential customers are and communicate on the platforms clearly and consistently. A small business doesn’t need to be a superstar on TikTok, Instagram, Twitter, YouTube, AND Facebook. For your consumer group, perhaps Facebook and Instagram make the most sense for your target market. Set a schedule you can keep up over the long term, as even posting an update once a week is fine. Develop content categories that make the most sense for your business and alternate sharing updates using those themes.

The Scrivener | www.bcnotaryassociation.ca

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BUSINESS

Ideally, you want your website to appear on the first page of any Google search.

TO BUSINESS

Examples of four categories for your business • Your expert voice about your services and what your clients are seeking

Margot R. Rutherford* Notary Public

• Interesting developments in the news related to your industry

A Member of The Society of Notaries Public of British Columbia

• Information about the community where you work

*Denotes Professional Notarial Corporation

• Features about your staff and happy customers 981 Fitzgerald Avenue Courtenay, BC V9N 2R6

Using social media for running paid advertising is also a good use of those channels as you can target people who have an interest in your services, and who reside in specific geographic locations. See the Resources section at the end of the article to learn more about Facebook and Instagram advertising. You can learn how to create and manage ads yourself . . . or hire a professional to help.

Tel: 250 338-6251 Fax: 250 338-5337 email: rutherfordmargot@shaw.ca

Alexander Ning Notary Corporation

Notary Public, Mediator, Immigration & Refugee Counsel

What do those four online marketing tips have in common?

Suite 230, 8911 Beckwith Road Richmond, BC Canada V6X 1V4 Email: alex@annc.ca Fax: 604 270-4751 Direct: 604 270-8155 Telephone: 604 270-8384

Alex Ning

• First, they’re essential for reaching your customers and representing your business brand online.

Advertiser

The Tropics Are Calling

And You Must Go! Irina Bartnik Notary Public

Vacation Relief @ notaryinbc@gmail.com

• Second, they’re not as time-consuming or expensive to do as you might think. Make sure you are communicating clearly, professionally, and consistently online and new customers will find you and want to reach out. Additional Resources SEO https://www.bdc.ca/en/articles-tools/marketing-salesexport/marketing/seo-small-businesses-10-ways-rankhigher Google Business Profile https://www.google.com/intl/en_ca/business/ Google Reviews https://support.google.com/business/ answer/3474122?hl=en Facebook and Instagram Ads

“Knowledgeable and Capable”

https://www.facebook.com/business/news/facebookand-instagram-ads s

604-538-3388 CammackHepner.ca #106 – 1656 Martin Drive Surrey, BC V4A 6E7

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Gordon G. Hepner MA(ALS), Notary Public gordon@CammackHepner.ca

Mark Smiciklas, MBA, is the founding partner at Intersection Digital, a Vancouver-based agency that develops and manages digital-marketing strategies to help organizations communicate and connect with their audiences.

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


ELEMENTS OF A SUCCESSFUL BUSINESS

Sharing Your Expertise: Tips for Creating a Blog for Your Business Jean Beale

H

ere are some simple tips to help you get started with creating a blog for your business. Learn how to turn what you know into an opportunity to educate others, build your client base, and connect with more people. 1. Understand your audience. Who is your audience? Are you writing to interest your existing customers and attract new customers or to engage industry professionals who will provide you with referrals? Your writing may focus on representing you as a thought leader within your professional organization. Depending on the topic, you may be writing for any or all the above audiences; keep them in mind when you make a list of topics for your blog. 2. W rite about what you know and what people want to know. Blog topics are easy to choose if you keep a list of questions you are frequently asked and you think are very interesting or current. Answer them in some detail and you’ll get noticed . . . chances are, other people are pondering the same questions and think they are interesting. Volume 31, Number 1, Spring /Summer 2022

3. M ake your blog posts easy to read. Create short sentences and short paragraphs and break up chunks of text with bulleted lists. Short blog posts that answer one great question in 300 to 500 words are very effective and will keep people reading to the end.

You’re the expert within your business but the idea of writing might not appeal to you at all. 4. M ake sure your blog is seen by more people. You may already have a business website and a Facebook or LinkedIn account. Make sure you share your blog with each location and any other business social-media channels you have. Sending a helpful new blog post to your email list is a great way to keep in direct contact with your customers. 5. C onsistency is more important than frequency. How often should you publish to your blog? It depends. How often can you manage to regularly create an interesting new blog post? Once a month is a good frequency and a little more often is fine, too. The main thing is create a schedule and stick to it! The Scrivener | www.bcnotaryassociation.ca

6. Outsource your writing if needed. You’re the expert within your business but the idea of writing might not appeal to you at all. Instead, find someone to write it for you. Freelance writers are available at a reasonable fee and can turn a blog post around quite quickly. Even better, you may have a staff member who is good at writing and knows your business well. Make sure you have a hand in developing topics that are relevant to your business, and review the posts in detail before posting/sharing them. You may simply need someone to edit (polish) your words to make you look and sound your best! Blogging for your business takes time but your efforts will pay off with increased visibility for your services and expertise. Adding useful content through a blog boosts traffic to your website and provides engaging messaging for your social media and email list. Now is a great time to get started planning your blog! s Jean Beale is a partner with Intersection Digital, a Vancouver-based agency that develops and manages digital marketing strategies to help organizations connect with their audience. https://intersectionconsulting.com TABLE OF CONTENTS

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ELEMENTS OF A SUCCESSFUL BUSINESS

From SFU Graduate to Owner of a Busy Notarial Practice! Natalya Hanna

M

y relationship with law started in 2003 when I graduated from the University in Russia in law. After practising in different areas of law, I left Russia, following my husband, a Canadian citizen whose job required travelling and living in various countries around the world.

of learning slowly from a retired Notary because the seller was eager to enjoy her retirement. My real practical experience started from day 1 when I walked into the beautiful 1700 sq. ft. office, located in Burquitlam, on North Road. If you are thinking of buying an existing Notary practice, I am happy to share in this article some of the challenges I had to deal with, along with some tips and tricks

We came to Canada in 2013 with our 2 boys 3 and 1.5 years old at that time. It didn’t take me long to find out that a great Notary program was available in BC. I enrolled in the program without hesitation and the 2 years went very fast. Upon graduation, like my fellow students I was planning my future career as a BC Notary Public.

If you do not wish to inherit years of existing employment contracts, you should look for alternative solutions to existing staff that you may want to negotiate ahead with the seller. Consider consulting an employment lawyer prior to finalizing the corresponding clause in your purchase agreement/ Contract. 2. Staff Retention it is very hard to retain staff, especially if they were not hired by you. When you hire new staff, you’ll need to think how to keep them. On average, conveyancers change their workplace every 2 years for various reasons. You’ll need to plan strategies to keep them happy. 3. Files Management

Keep in mind that the “best practices” Natalya with her sons Andrew and Ivan, daughter Leana, and husband Ad of Notaries who started decades ago and might be 1. Staff Management selling their practice today, are not necessarily the same as the When you acquire an existing “A practice for sale” practice, you’ll need to deal with best practices you learn in the advertisement for “Uptown staff not hired by you, but by the education program. When I Notaries” appeared at the right previous owner. bought the practice, I had to put moment. I seized the opportunity in place and implement many new and jumped into a busy Notary Keep this in mind when negotiating your purchase contract: practice. I didn’t have the luxury documents, forms, and procedures.

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BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


Be prepared for that by previewing the forms or documents that are being used in the office. 4. Earning the Public’s Trust One of the benefits of buying an established business is its existing clients. You will still have to earn their trust, however. People work best with individuals they know, like, and trust. Establishing relationships with new clients will be required from you as a businessowner. 5. Establishing Boundaries

from mortgaging our home to buy the practice, getting enough files to break even, to managing staff who are loyal only to the previous owner and not committed to the actual business, etc. With the support of my family, I overcame the stress and took the business in my hands. My advice to you is find your support or a mentor who can help you, especially at the beginning. 8. Balancing Work and Personal Life

Last year I Natalya at her Burnaby office during You will likely a signing appointment became a get a lot of mother for the 3rd time; that people claiming “the previous required more time for my family Notary used to do this and do that and enduring sleepless nights! The for me,” but your comfort zone business, however, must keep going might tell you otherwise. So be without interruptions . . . I had to prepared to set boundaries with adapt my personal life and stay clients and your allied professionals committed to my business. from day one, as they might want (I went into labour with my laptop!) to push you in certain directions Of course, I had to re-arrange my you may not want to go. You must schedule and look for help. But after always stick to what you believe is 3 months, I was back to the office the right direction. full-time. My tip: Look for help when 6. Knowing Your Business Inside Out you need it and know your limits. The challenge I had at the beginning Today I feel very happy about was lacking practical experience where I am and what I’ve achieved. in file preparations. The best Last year, we opened a new location advice I can give you today is this— in Langley to expand our services the sooner you learn how to do to the clientele in the Langley area. conveyancing, the better manager This year, my story was featured you will become. There will be by the SFU School of Criminology, days when you do not have your as one of the successful graduates’ conveyancer available, and you’ll stories. I thank in particular my have to do it yourself. Therefore, you Professor Margaret Hall for reaching must be ready and know how to do out to me, and Kristin Ignacz who it all from start to finish. wrote the article about me. 7. Dealing with Stress Be ready to set your mindset I had to deal with everything at the to positive! same time, from staff issues to files With a positive attitude, you issues, making quick-and-right can achieve great results! s decisions, and implementing new BC Notary Natalya Hanna practises procedures, to name only a few. in Burquitlam and Langley. The stress reached very high levels, Volume 31, Number 1, Spring /Summer 2022

The Scrivener | www.bcnotaryassociation.ca

MACKENZIE FUJISAWA LLP B A R R ISTER S & SOLI CI TO RS

Proud to be serving The Society, BC Notaries, and Their Clients with • Motor vehicle accident claims; • Real estate litigation; • Probate of estates; • Estate litigation; • Contract disputes.

QUANG T. DUONG

IAN KNAPP

1600 – 1095 West Pender Street Vancouver, BC V6E 2M6 Phone: (604) 689-3281 Fax: (604) 685-6494 www.macfuj.com

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ELEMENTS OF A SUCCESSFUL BUSINESS

Why Study Public Relations? Nigel Atkin

Y

our need to be aware that the vested interests and consequences of intentional communication targeted at you, your family, and your wider community has never been greater. Nor has your need to communicate effectively.

Notaries Public and other community leaders are not immune from widespread propaganda and disinformation conveyed through traditional and social media. Trusting truly fake news, even big lies, can have dire outcomes. When fraudsters with manipulative intent string along decent folk, individuals and institutions are threatened. Since the end of World War II, just as rocket science has evolved from Germany’s early V2 ballistic missiles to public space tourism, public relations has evolved from its earliest modern techniques to “manage the herd” to today’s deep study of the brain, to harnessing AI algorithms and propagandistic distraction.

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• W hat are the anticipated reactions of your audiences?

“...bad news gets the suckers into the tent. The good news is the advertising.” The history, theory, and current practice of public relations is becoming a necessary addition to any profession. Research is Key in All Communication Planning Communication skills add value to individuals consuming and disseminating messages; when individuals become better communicators, they become better in all areas of decisionmaking. Sound research—the hallmark of all initiatives—and the critical thinking inherent to processes are 90 per cent of effective communication. Here are just some of the questions we ask. • W hat are the communication objectives? • W hat is the public environment in which you are operating? BC Notaries Association

• W hat are your key messages? • W hat is your strategy? • W hat are the most effective communication tools to use? Public relations has always been “an unseen power” from its early modern days in the 1920s when mass production, mass media, and mass marketing relied on newspapers to convey information to influence attitudes, beliefs, and behaviours. In the ‘20s, individuals were molded en mass from citizens to consumers. “Bad news gets the suckers into the tent.” Few people realized that relentless and determined shift in public consciousness. It was Marshall McLuhan in the 1960s who was asked why there was no good news in newspapers: “The bad news gets the suckers into the tent. The good news is the advertising.” Few also put together the fact that wartime propaganda was effective and used by all sides during both World Wars as it is today. As peace settled Volume 31, Number 1, Spring /Summer 2022


in and markets grew, the concept of propaganda evolved and public relations took hold. Oil companies and large corporations initially embraced public relations in its various models. Scholars identified four initial models: • press agentry/publicity, • public information, • two-way asymmetrical, and • two-way symmetrical. The latter widely promoted today reflects dialogue and the development of mutual understanding among organizations and their respective publics, be they consumers and/or citizens. Most businesses, not-for-profit organizations, governments at all levels, and their politicians use public relations to interact with consumers, voters and property owners, business, and tourists.

PR: A Growth Industry Public relations is a growth industry and has been for the past 50 years. It is for the most part unregulated, meaning anyone can work in it or use its notable time-tested techniques.

In the past, many organizations recruited journalists to become information officers and public relations spokespersons.

In the past, many organizations recruited journalists to become information officers and public relations spokespersons. Their storytelling skills often reflected inherent professional training, experience with media,

investigatory cunning, ethics in serving the public good, as well as their wide community experience, writing speed, and accuracy. My Role in Public Relations In this new climate of intentional communication and as a practising journalist, I was hired by a firm in London, England, to assist in handling pubic relations for an Arab state in the Middle East, then I subsequently worked for the Yukon, Ontario, and BC Governments in communication-management of diverse portfolios. Working in London with former intelligence officers, I was introduced to global initiatives involving relationship-management, often working to eliminate the communication gap between reality and perception, to increase trade, maintain peace, and other behavioural change on a mass scale.

The Notary Foundation of British Columbia works with interest generated by BC Notaries’ Trust Accounts and received from our financial industry and other partners, to promote education for BC Notaries and the public, foster legal research, support law libraries, and help fund legal aid in BC. Talk to us if you’re interested in having an impact on those important facets of BC’s communities. Funding and strategic decisions and oversight are provided by a Board of Governors made up of 8 Directors of The Society of Notaries Public, 1 appointee from the Office of the Attorney General of BC, and 2 Governors at Large appointed by the BC Government. Applications for funding of law-related education programs, research, and projects may be made and will be considered throughout the year. For more information, visit our website at www.notaryfoundation.ca.

Volume 31, Number 1, Spring /Summer 2022

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Editor’s Prefer Paperless? The BCNA has editions of The Scrivener available on our website and on ISSUU at issuu.com/bcnotaryassociation. To update your subscription preference, please email bcna@bcnotaryassociation.ca.

NEXT ISSUE

Fall 2022

Money Laundering and Fraud Current Reports and the Latest Protection Strategies Article Deadline August 25, 2022 Advertising Deadline August 25, 2022 To Send Photographs to the Magazine . . . scrivener@bcnotaryassociation.ca. Please send photos at the original size. Do not reduce or retouch.

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In Ontario I learned about the importance of timely policy, regulation, and how vital informed public participation is in all democracies—well beyond mere voting. In British Columbia, public relations became vital in the early stages of decolonization, reconciling systems to benefit both First Nations and adjacent settler municipalities . . . and also to suppressing property tax revolts through personal and massmediated initiatives. I didn’t get into public relations because I liked people. I do, but that’s irrelevant to most tasks at hand.

I didn’t get into public relations because I liked people. I do, but that’s irrelevant to most tasks at hand.

A Battle Space of Ideas I understood from my early mentors that the world contains a “battle space of ideas” and that one had to be a “master of groundswell” to understand trends to mitigate or surf them, to deliver results, to effect desired change—most often “unseen” and without attribution. I also realized that few people recognized the underlying “intentions” of those in media, in marketing, advertising, and public relations. With the proliferation of communication technology—specifically social media, the situation has intensified, resulting in mis- and disinformation often resulting in tribal division and other serious consequences—the opposite of mutual understanding and respect. BC Notaries Association

I wrote in 1993, “If public relations people do not understand the intent and consequences of the messages they are receiving—as individuals or as a society—how can they hope to promote their views and create understanding in the vast sea of information?” True then, truer today. In the evolution of public relations where more individuals are becoming empowered to share their messages, everyone needs to be literate in media and public relations. As individuals become their own business units and the democratization of public relations evolves, professional communication skills are essential in life and work. Public relations belongs to everyone. Diploma in Public Relations Driven by administrators at the University of Victoria, and with wide consultation with communication practitioners, business, government, and community leaders, the Diploma in Public Relations program was founded in UVic in 1995. Some 25 years later, with thousands of successful graduates, many of whom have added the 2-to-3-year program to other degree and professional credentials, the online program thrives. While many career-oriented public affairs/PR officers, communication specialists and managers, corporate media relations people, and communication directors have graduated, so have many others who have heightened their communication understanding generally—as executives, general managers, CEOs, First Nations leaders, artists, public servants, and entrepreneurs whose positions have benefitted from their studies. Volume 31, Number 1, Spring /Summer 2022


While very practical aspects— the writing, communication planning, working with social media, etc.—are contained in the program, the academic domains of psychology, sociology, and philosophy are sourced and studied appropriately. Doors to those subjects are opened for students as many request and soon realize that study opportunities are as wide as the sky.

How well we communicate with the public, and our colleagues in the wide battle space of ideas, will determine how well we are positioned in the future. There have been students from across Canada and many countries (Argentina, Germany, USA, UK, and South Korea, etc.) in attendance representing the wealth of sectors—medicine and health, law, governments, education, natural resources, oil, forestry, mining, the military and public security, the fashion and entertainment industries—the wide aspects of civil society. Most graduates agree that as they become current communicators, they become better at decision-making. That involves the wise consumption of truthful and reliable information as well as for the planning and disseminating of messages. To graduate from UVic’s Diploma program, a student needs to take 7 required and 3 elective courses. These are the required courses. • P ublic Relations: Theory and Practice • Case Studies in Public Relations Volume 31, Number 1, Spring /Summer 2022

• Effective Communication Tools

Services a BC Notary Can Provide

• Evolution of Public Relations • Communication Planning • Research and Evaluation • Writing for Public Relations Three electives can be selected from these courses. • Social Media for Public Relations • Community and Stakeholder Engagement • Ethics and Public Relations • Leadership Excellence in Public Relations • Media Relations Notaries and other readers of The Scrivener are all challenged in these times to become better communicators. How well we communicate with the public, and our colleagues in the wide battle space of ideas, will determine how well we are positioned in the future. It was Sociologist Elliot Freidson who said this. “A profession attains and maintains a position by virtue of the protection and patronage of some elite segment of society which has been persuaded that there is some special value in its work.” With even more effective communications skills, BC Notaries will continue to be accepted by clients for their specific legal knowledge in noncontentious areas of the law. For more information on UVic’s program visit https:// continuingstudies.uvic.ca/businesstechnology-and-public-relations/ programs/public-relations. s Nigel Atkin teaches the Evolution of Public Relations course online at UVic. He offers onsite workshops to leverage human capital and exploit the multiplier effect of becoming better communicators. The Scrivener | www.bcnotaryassociation.ca

A. PROPERTY MATTERS 1. Residential and Commercial Real Estate Transfers 2. Mortgage Refinancing Documentation 3. Manufactured Home Transfers 4. Easements, Covenants, and Rights of Way 5. Builder’s Liens 6. Subdivisions and Statutory Building Schemes 7. Zoning Applications

B. PERSONAL PLANNING 1. 2. 3. 4. 5. 6.

Wills Preparation Powers of Attorney Representation Agreements Advance Directives Wills Notice Searches Estate Planning

C. NOTARIZATION /DOCUMENTS 1. Affidavits for All Documents required at a Public Registry within BC 2. Certified True Copies of Documents 3. Execution/Authentications of International Documents 4. Notarizations/Attestations of Signatures 5. Insurance Loss Declarations 6. Personal Property Security Agreements 7. Statutory Declarations 8. Authorization of Minor-Child Travel 9. Letters of Invitation for Foreign Travel 10. Passport Application Documentation

D. BUSINESS 1. Business Purchase/Sale 2. Commercial Leases and Assignment of Leases 3. Contracts and Agreements

E. SOME BC NOTARIES PROVIDE THESE SERVICES. 1. 2. 3. 4. 5.

Marine Bills of Sale and Mortgages Marine Protests Marriage Licences Mediation Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca. Note: Not all Notaries provide all services listed. Please check with your Notary before making an appointment for services.

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ELEMENTS OF A SUCCESSFUL BUSINESS

Thinking of Starting a New Business? Elaine Hughesman

S

o you’ve decided to take the plunge and start your own business! Now what?

As with most things in life, some upfront planning will save you a lot of headaches down the road. Here are some factors to consider when starting your own business.

your business will be structured as a proprietorship, partnership, or corporation. Deciding between a proprietorship or partnership is easy—do you have a business partner(s) or not? That is the distinction.

Before You Start A business plan and cash-flow budget are key components to starting a business. Make sure to put pen to paper or fingers to keys and consider how you’re going to get clients in the door and retain those clients, retain staff (a vital component these days), and pay your bills every month. It’s also vitally important to prepare a cash-flow budget. It will tell you how much money you need to bring in each month to pay your expenses and yourself. That process will also help you determine if you require financing to get going. If you do require financing, it can sometimes be a lengthy process so it’s best to get started well in advance of when you intend to open the business. Next, decide on a name and reserve it through BC Registries. Decide on whether

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You’re going to be busy starting your new business and making sure it’s a success. Do yourself a favour and hire a bookkeeper from the get-go.

Deciding regarding a corporation is trickier. You should discuss with your accountant and legal professional what makes sense for you. The good news is that you can always convert from a proprietorship or partnership to a corporation down the road. Licences, Insurance, and Sales Tax When starting a business, you will generally need to apply for a business licence through the BC Notaries Association

municipalities in which you’ll be located. You will also need to determine if the products or services you’re selling require additional licences or permits, i.e., liquor, tobacco, food, etc.— or to operate under specific government guidelines. It’s also very important to obtain business insurance to protect you and your business. Talk to an insurance agent to find out which types of insurance are applicable to your new business; sometimes there can be many. Next up is to think about sales taxes. Generally, you have to register for GST/HST if your sales reach $30,000 annually. You can also voluntarily register for GST/ HST even before your sales reach $30,000. The benefit to registering early is that you can claim back the GST/HST paid on any of your business expenses. That can be advantageous for businesses that have significant start-up costs. Provincial Sales Tax (PST) is a bit trickier. Generally, if you’re selling products in BC (and some services, including legal services), you need to register for and charge 7 per cent PST. If you run a homebased business and your sales are Volume 31, Number 1, Spring /Summer 2022


less than $10,000 annually, you are exempt from PST. Payroll

Your legacy could be her childhood

If you’ll be hiring employees or simply paying yourself wages, you will need to register for a payroll account with the Canada Revenue Agency (CRA). I generally recommend that businessowners hire a bookkeeper or a payroll company to process the payroll. They’re the experts and will ensure all the proper filings are handled. You will also need to register for WorkSafeBC (WCB). If your payroll exceeds $500,000, you will need to register for Employer Health Tax (EHT). Taxes and Recordkeeping You’re going to be busy starting your new business and making sure it’s a success. Do yourself a favour and hire a bookkeeper from the get-go. A bookkeeper will track all the income and expenses of the business; will ensure sales taxes, payroll taxes, etc., are filed on time; and will help you to keep your recordkeeping organized. It’s also advisable to open up a separate bank account for the business.

“Taking care of my loved ones in my Will has always been important but I also knew I needed to include the incredibly brave children helped by Variety. It makes me happy knowing that in my small way, I’m leaving the world a better place.” – Janet Lancey

Violet, 4

We’re here for BC’s kids during this challenging time variety.bc.ca

Learn how to leave a legacy gift to Variety including how to create your will for free Contact Jennifer Shang at 604-268-4038 or email jennifer.shang@variety.bc.ca or visit variety.bc.ca/donate-now/planned-giving/

Get in the habit of keeping all receipts for business-related expenses. And if you plan on driving a vehicle for business purposes, keep a vehicle log to track businessrelated kilometres driven. You should also talk to your accountant about how best to pay yourself (wages vs. dividends) and to understand the tax implications related to your business. Best of luck in your new venture. Remember to surround yourself with professionals who can help to set you up for success. Don’t try to do it all yourself! Elaine Hughesman, CPA, CA, is a partner at Hughesman Morris Liversedge, CPAs in Sidney, BC. She is a general practitioner working in tax, accounting, and audit. Volume 31, Number 1, Spring /Summer 2022

Forever a place in your heart. You and your clients can help end animal cruelty and comfort animals in need. Contact us today to learn more about how to leave a gift in their Will. Charitable Number: 11881 9036 RR0001

The Scrivener | www.bcnotaryassociation.ca

Clayton Norbury cnorbury@spca.bc.ca 1.855.622.7722 ext. 6059

foreverguardian.ca

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ELEMENTS OF A SUCCESSFUL BUSINESS

Ken Keis

I

f nothing changed in your life in the next 5 years, would that be okay? I mean everything in your life—your business, health, relationships, friends, career, feelings of fulfillment, achievement, and so on. For the majority of us, it would not be.

One definition of insanity is to continue to do the same things over and over again and expect different results. If you want new results, you must change what you are doing and/or the way you are doing it. Before you can act with purpose and direction, you must understand what you need to change and how to go about it. • When you are not self-aware about your own preferences, gifts, talents, and tendencies, it’s impossible to act intentionally.

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Self-Awareness: The Key to Transformation • If you are not aware, you are living life—day after day, year after year—oblivious to your own thought patterns and beliefs. All of us have met people who are completely unaware that their behaviour and conduct are inappropriate and affecting others negatively. They have no clue they are clueless. That was proven in the research from Dr. Tasha Eurich who wrote the New York Times bestseller Insights. She said self-awareness is the meta skill for the 21st century and foundational to our success. In her research, 95 per cent of individuals believed they were self-aware, but when further study was conducted, the actual number of individuals who actually were, was only 10 per cent!!! That means over 85 per cent of people don’t know that they don’t know! BC Notaries Association

A frequent traveller, I spot unawareness on every one of my trips. • People who stop at the bottom of an UP escalator, staring into space, with no idea they are holding up the line of fellow travellers forming behind them. • People who let their carry-on bags hit each seated person in the head as they make their way down the aisle. In his book, Excuses Begone!: How to Change Lifelong, Self-Defeating Thinking Habits, Wayne Dyer said it well. "The reason why awareness of awareness is so powerful is that it immediately puts me in touch with a dimension of myself that knows that here in awareness, all things are possible." Wayne went on to quote a Harvard Study that tracked 84 female room-attendants who were working in different hotels. Volume 31, Number 1, Spring /Summer 2022


When you become aware, you cease being a victim of your circumstances. You own your own space.

The women were divided into two groups. 1. F or the control group, it was “business as usual.” 2. T he second group was told that their work was “exercise.” • T he group that recognized their work as exercise experienced significant health benefits. In just 4 weeks, they dropped weight and lowered their blood pressure, body fat, and body mass index. • T he control group (“business as usual”) experienced no improvements, despite engaging in the same physical activities as the second group. This study reveals that your attitude—which is linked to awareness—can have profound effects on your well-being. Awareness of your beliefs is one thing. But what about awareness of your style—Personal Style— preferences and all the implications they have in every part of your daily life?

others. They have little idea of their strengths and skills. Without knowing what they are, they can’t implement them properly. In the study, the 70 per cent who were oblivious about their Personal Style had considerably more difficultly handling stress and interpersonal relationships. The study compared people’s levels of self-awareness to their ability to achieve the things they found most important in life.

When you become aware, you cease being a victim of your circumstances. You own your own space. Square Wheels

• Satisfaction with life increases dramatically with self-awareness. • People who are self-aware are far more likely to reach their goals. • “Aware” individuals take time to first learn and then understand their Personal Style so they can better respond to life’s challenges and opportunities. • Because they understand their situation and can identify the people who will help make them successful, they can more easily implement the right strategies. • They also understand their limitations and adjust their attitude and behaviour accordingly to minimize any negative impact. • They know what they really want; their awareness motivates them to take the best steps and actions to get where they want to be.

A study conducted by TalentSmart discovered that less than 30 per cent of the population has a solid understanding of their own style preferences.

Self-awareness is so important to success, it transcends age, intelligence, education, profession, and job level. The TalentSmart study found 83 per cent of top performers are high in selfawareness, no matter their industry or profession—yet just 2 per cent of low performers possess that critical skill.

That means about 70 per cent of the population has no inkling of how they appear to others and how they are interacting with

The reality is that individuals who understand their style preferences and tendencies are much more likely to play to their

Volume 31, Number 1, Spring /Summer 2022

strengths at work and home, limit the negative impact of their deficiencies, and get the results they desire.

The Scrivener | www.bcnotaryassociation.ca

Used with permission www.squarewheels.com

When you look at the image of the wagon with the square wheels, what do you see and think? • What do the square wheels represent as a metaphor for your life—at home and at work? You might answer with words like struggle, difficult, inefficient, challenge, hard, toiling, stuck—even silly. • What about the people behind the wagon? What do they see? Only the back of the wagon! What is their perspective on life and this situation? For sure, it’s limited. • What about the person pulling the wagon? What is he thinking and experiencing? Is he wondering if anyone will come along to help? He’s not looking back to see if there is any way to improve the situation. • And what about the round wheels inside the wagon? What do they represent? Do words and ideas like opportunity, improvement, easier way, upgrade, progress, a different way of doing things come to mind? TABLE OF CONTENTS

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Naturally, that will lead to more questions. • Why are the leader and the followers stuck? • Why don’t they put the round wheels on the wagon or at least consider doing that?

The Turtle Valley

Donkey Refuge

Providing a permanent home for over 100 Donkeys who are between the ages of 20 and 30 years.

• Where in your life—your personal and interpersonal effectiveness as well as your career fulfillment—are you holding on to square wheels?

Have you met people dealing with a problem . . . and the answer to the dilemma is obvious—right in front of their eyes—but they still don’t get it? They can’t or won’t see it. They are completely oblivious to the opportunity.

• Where have you blindly— without conscious intention or awareness—stayed committed to your square wheels?

After more than 33 years of serving others in the field of personal and professional development, I see many situations like the one depicted in the illustration below.

MISSION STATEMENT To Provide a Safe, Secure, and Permanent Home for abused, neglected, and unwanted Donkeys. We are honoured to offer the Senior Donkeys in British Columbia wonderful care and love as they live out their final years at the Refuge.

Turtle Valley Donkey Refuge Society 7877 Skimikin Road, Chase, BC V0E-1M1 250-679-2778 donkeyrefuge@gmail.com

Donations gratefully accepted. Charity #822309001RR0001 Tax Receipts Provided

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What about You?

• How far away are the round wheels? The wheels are readily available, but the leader and the followers are unaware of the opportunities.

Rather than standing in judgment, let’s move to helping and coaching people to see their prospects.

Elkie Eyslk and Larken

If you look closely at the second illustration, you’ll notice that arrows are sticking out of the driver’s back. The blind devotion to broken, unproductive habits causes pain to everyone involved.

Used with permission www.squarewheels.com

A caterpillar tractor is now pulling the square-wheeled wagon! • This is the thinking: “Let’s commit ourselves 100% to our square wheels. Let’s take what has not been working and do it harder.” I see this every week in individuals, families, teams, organizations— even governments—that dedicate themselves to their square wheels. BC Notaries Association

Everyone has a few square wheels. Rather than protecting the status quo, I’m encouraging you to start looking for and using round wheels. As you can see, the round wheels are within reach—if you choose to embrace change using new information. Be aware that to live a satisfying, fulfilled, and successful life, understanding your Personal Style and the styles of others is not an option . . . it is essential! By completing CRG’s Personal Style Indicator assessment, you will learn about your Personal Style preferences and patterns and the other factors that constantly influence your reality. Self-awareness without action is not beneficial to anyone. Like anything else, if you don’t use it, you lose it. By exercising your knowledge, you have the opportunity to transform not only your life, but the lives of others along the way. People really do want to live inspired lives, so get connected! s www.crgleader.com For 32 years Ken Keis, PhD, has been helping individuals and organizations reach their greatest potential. Volume 31, Number 1, Spring /Summer 2022


ELEMENTS OF A SUCCESSFUL BUSINESS

Marketing Strategies for a Professional Services Practice

I

n this article, we explore several important considerations for professionals marketing their legal and Notarial practices. We also briefly explore ways those professionals can approach the first contact with a potential client. As co-authors, we combine our different perspectives. Elaine McCormack has almost 30 years of experience marketing legal services. Emily Sheard is a lawyer who is a second-year call and has a Commerce degree with a major in Marketing. What is Marketing? Marketing is a critical business tool that is used to show potential clients who you are and what you do. The terms “advertising” and “marketing” are sometimes used interchangeably, but there is a conceptual distinction between the two. • B usinesses use advertising as a method to connect with potential customers. We are inundated with advertising in our everyday life, for example, on bus benches, in magazines, on social media, Volume 31, Number 1, Spring /Summer 2022

Elaine T. McCormack, Emily Sheard

on the radio, while watching videos online, and when receiving countless daily promotional emails. • B usinesses develop overarching marketing strategies to market products and services to potential consumers. Marketing strategies include advertising, but can also include brand development, client retention, and so on.

The terms “advertising” and “marketing” are sometimes used interchangeably, but there is a conceptual distinction between the two.

Why Should You Create a Marketing Strategy? Like Notaries, lawyers offer professional services. Services contrast with tangible consumer products such as smartwatches and children’s toys. The rates charged and the quality of professional services are typically not as easily comparable as they are for products. Some potential clients “shop around” for professional The Scrivener | www.bcnotaryassociation.ca

services as they would for products, for example, by speaking to various professionals and obtaining quotes to find what they are looking for, and how much it may cost, before retaining a professional. Products and services are marketed in distinct ways, however. Unlike products, usually you will not find a list of services on a professional’s website with corresponding prices listed for each service. That could be for a variety of reasons; professionals in the legal industry charge based on different cost structures such as a flatfee, contingency fee, hourly rate, and so on. That makes it difficult to readily predict the exact cost that a service, or combination thereof, may be for a potential client. It is also difficult to readily compare the quality of work among professionals offering similar legal services. That is one of the key reasons why marketing is so critical for service providers. Creating and implementing a marketing strategy will help you to stand out among your competition by showing potential clients who you are, what you do, and why the potential client should choose you. It will also help you focus your efforts in reaching potential clients you want to retain. TABLE OF CONTENTS

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How Do I Begin to Create a Marketing Strategy? Who is Your Audience? A key consideration in creating a marketing strategy is to identify who your audience is and how you are going to contact them. Consider the demographic groups that will be the focus of your marketing efforts. For example, if you concentrate your practice on conveyances, a logical demographic group to target may be individuals in their late 20s to early 30s who may be purchasing their first home. Next, consider how you will market to those demographic groups to show them who you are and inform them of the services you offer. For example, you can • v olunteer for relevant associations, and • s howcase your knowledge and share your talents by delivering speeches, teaching courses, and writing articles about professional topics you are passionate about. One of the best methods of marketing for professional services continues to be performing high-quality work at a reasonable cost and obtaining referrals from satisfied clients. In general, individuals are more likely to use the services of a person that someone they trust has already used and who has had a positive experience. For example, referrals are typically made among a trusted circle of family, friends, and colleagues. Trusted circles can be limited, however, and finding ways of increasing the size of the circles you are in is important. A common aspect of traditional marketing strategies used by Notaries and lawyers involved purchasing advertising space in the Yellow Pages, a costly and untargeted method of advertising. Today, some firms still use print advertising, however their efforts are

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A key consideration in creating a marketing strategy is to identify who your audience is and how you are going to contact them.

often concentrated on a narrower target audience. An audience may be targeted by a particular geographic location, by interest in a particular topic, and so on. For example, an article on a particular topic that is posted to a website may be found and read by individuals who perform Internet searches for articles about that topic. Who is in Your Network? Take a moment to consider these questions. • In your professional life, with whom do you surround yourself? • Do you surround yourself largely with other individuals within your profession, similar professions, completely different professions, or a combination of those? • Does your networking generate business for you? It is often helpful to network with others who are in the same profession as you are. You may have interests in differing areas and can refer work to each other and share ideas. Those in related professions may also wish to build a referral network with you. For instance, individuals who want a Will drafted may also be interested in financial planning. As a result, a financial planner and a Notary who drafts Wills may be able to refer work to each other. BC Notaries Association

If your networking is not resulting in referrals, or not as many as you would like, you can take steps to expand your network to include more individuals who can refer potential clients to you, and include more individuals who may wish to retain you. Are There Any Limitations on What Can Be in Your Marketing Strategy? Marketing can be a very effective business tool; professional obligations must be considered when creating and implementing marketing strategies, however. For lawyers, Chapter 4 of the Law Society of British Columbia’s Code of Professional Conduct for British Columbia concerns the marketing of legal services. Section 4.3-1(a) of the Code provides that “a lawyer must not use the title ‘specialist’ or any similar designation suggesting a recognized special status or accreditation in any other marketing activity.” That section also provides an exception to the above-noted provision of the Code, the Legal Profession Act, the Law Society of British Columbia’s Law Society Rules, or a Bencher may authorize a lawyer to use such titles or designations. For Notaries, The Society of Notaries Public of British Columbia’s Rules have more detailed provisions regarding marketing than the Code for lawyers. Similar to the Code, Rule 14.02(d) provides that Notaries “must not describe themselves as an ‘Expert’ or ‘Specialist’ in any aspect of their work.” Rule 14.02(d) Notaries may use words such as “specializing in” or “preferred area of practice” to refer to their “preference” of practising in a particular area. Those are just two examples of professional obligations that Volume 31, Number 1, Spring /Summer 2022


Notaries and lawyers have with respect to marketing. Before promoting yourself, ensure you review all relevant legislation and governing documents of your profession so your marketing strategies stay within the bounds of your professional obligations. How Do You Approach Your First Contact with a Potential Client? After carefully preparing and implementing your marketing strategies, you should begin to have more potential clients reach out to you. That takes time. For example, you may have received an email from an individual referred to you by a colleague or someone has approached you after attending a seminar you gave last week on topic in your field. You have spent all that time and effort trying to reach potential clients. How do you handle your first contact with them? First impressions are important. Not only will you be beginning a professional relationship, it is an important opportunity to set the tone of your professional relationship with the potential client moving forward. Those are some preliminary considerations and much more can be said on the topic. We may write a further article on first contact, first impressions, and the first appointment in the future! This article is for educational purposes only and does not constitute legal advice. s Elaine T. McCormack is a lawyer, mediator, and arbitrator with Wilson McCormack Law Group. Emily Sheard is an associate lawyer with Wilson McCormack Law Group. Volume 31, Number 1, Spring /Summer 2022

UNSTOPPABLE LEGACY

INCLUDE A GIFT IN YOUR WILL 604 588 3371 SurreyHospitalsFoundation.com/legacy

ACQUISITION OPPORTUNITY — Notary Public Firm This long-standing Notary Public provides the notarization of many documents, conveyancing of real estate transactions, the preparation of Personal Planning documents such as Wills, Enduring Powers of Attorney, Representation Agreements, and Advance Directives. The office also provides assignable executor services. The business serves clients within the Metro Vancouver market with an established conveyancing and administration services team of 4 full-time and 1 part-time staff. The firm is well-positioned for growth. Buyers can be a BC Notary or a lawyer or law firm as permitted under section 82 of the Legal Profession Act.

PLEASE CONTACT: Arthur Klein, M & A Advisor 604-694-7528

|

aklein@smythecpa.com

The Scrivener | www.bcnotaryassociation.ca

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ELEMENTS OF A SUCCESSFUL BUSINESS

The Quest for Success Rick Fisher

O

ne of the definitions of success comes from the Oxford Dictionary— ”the accomplishment of an aim or purpose.There is a thin line between success and failure.” Many of us watched the Olympics where there are many examples of that. Take for example Downhill Skiing where skiers race down the mountain at speeds that would terrify most of us, to win or lose, in some instances by the blink of an eye. • The athletes have spent years perfecting their skill. •

They have practised.

• They have reviewed and imprinted the course in their heads before the big race. • Technicians have finely tuned their skis based on the conditions.

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“I haven’t failed. I’ve just found 10,000 ways that don’t work.” - Thomas Edison Then comes the big event and they must perform. As they race down the course, many perils await them. • They could take a turn too wide and go off the course. • A gust of wind could set them off. • They could catch an edge and fall, in many cases injuring themselves seriously. Adjustments must be made while they go down the course at lightspeed, all in an effort to beat other top competitors who are also going all-out to win. The task of going for a Gold medal and success when the world is watching is a daunting task that requires intense control of emotions and nerves. BC Notaries Association

Many athletes at each Games did not win any medals, but they do set personal bests. To them that would represent success and be immensely satisfying. Four years down the road there is always another Olympic Games to test their skills. Vince Lombardi, a Football coach who epitomized success, has a trophy named after him. He is widely quoted to have said, “practice makes perfect.” That is not exactly what he said . . . it was “Perfect practice makes perfect.” Thomas Edison is quoted as saying, “I haven’t failed. I’ve just found 10,000 ways that don’t work.” Malcolm Gladwell in his book Outliers says you need 10,000 hours of intensive practice to achieve mastery of complex skills, so what you are trying to achieve becomes intuitive. Please don’t ask me to spend 10,000 hours practising singing; it won’t make any difference. Volume 31, Number 1, Spring /Summer 2022


In the Figure Skating competition, the skaters have practised their routine hundreds, if not thousands, of times to the point where they are intuitive, then they may slip and fall during their performance. There are some limitations to Gladwell’s conjecture; some people that we call naturals don’t need anywhere near that amount of practice to become proficient in a skill. There are many different ways to tackle a problem to solve it; if at first you don’t succeed, try, try again. Don’t always try to do it the same way over and over again. While I was at the University of New Brunswick, I was lucky to serve on a number of committees with Dr. Frank Wilson as Chair; he was unusually successful in getting the committees to adopt the proposals he put forward. When I am stymied in a committee, to get the result I want I step back and think for a moment—how would Frank do it?—and adapt my approach to become more successful. If success were easy, everyone would have it. Sometimes success and failure can be a matter of good or bad luck. • How many times have we had success just by being in the right place and the right time?

victory . . . much harder to snatch victory from the jaws of defeat.

It is easy to snatch defeat from the jaws of victory . . . much harder to snatch victory from the jaws of defeat. Thousands of motivational speakers and authors have written books we can listen to or read, to enable us to be more successful in our personal lives or businesses. In writing this article, I was amazed that something as simple as Googling “Motivational Quotes” provided a wealth of inspiration from hundreds of authors. A quote that resonates in me comes from my University Football and Wrestling Coach Jim Born, “Don’t quit on yourself.”

Over our lives, we have all had many successes and failures and in each there is a lesson to be learned.

• How many times have we had success in spite of ourselves? • How many times have we done everything by the book, just like last time, and failed? • How many times have your friends attributed their success to just plain hard work? Sometimes it is better to be good than lucky and sometimes better to be lucky than good. It is easy to snatch defeat from the jaws of Volume 31, Number 1, Spring /Summer 2022

Winston Churchill was one of the greatest motivational speakers of them all. One of his most-quoted quotes is quite simple, “Never, never, never give up!” Edward R. Morrow, the famous war correspondent said, “Winston mobilized the English language and sent it into battle.” The Scrivener | www.bcnotaryassociation.ca

Over our lives, we have all had many successes and failures and in each there is a lesson to be learned. • With success, what did we do right and how can we replicate it to have more success in the future? • With failure, what did we do that we could improve upon so we can have success in the next similar endeavour? Count Ciano is credited with this quote, “Success has many fathers; failure is an orphan.” We all want to be successful or be part of a winning team; the euphoria is tangible when we are watching championship games on TV and the game ends. Most people don’t turn it off immediately . . . they want to watch the participants revel in their victory. Even if your favourite team doesn’t win, there’s always next year. In British Columbia we are lucky to have an organization called S.U.C.C.E.S.S. that has helped many individuals in all stages of their Canadian journey. While we are lucky to have it, it came from people who discerned that individuals needed help to be successful. Don’t hesitate to reach out to others for help when you have a problem you are having difficulty solving; you will be surprised at how much help you can get and how much others want to help you succeed. Reaching out for help is a sign of strength, not weakness. s Rick Fisher is a long-time Vancouver entrepreneur in the office furniture and equipment business. TABLE OF CONTENTS

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ELEMENTS OFTHEY A SUCCESSFUL WHERE NOW? BUSINESS WHERE ARE THEYARE NOW?

What have I been up to since retiring as a BC Notary? I have not really been in the office since July 1, 2020. My succession plan was my darling daughter Alexandra (Alex) Kravetz.

Michael Kravetz

Retirement for me was not a destination, but a new road in my journey. I learned many years ago to take time off while working . . . to help maintain my sanity and life balance. My wife Jennifer and I love to travel. Just before the world shutdown, we managed a trip to Hawaii. Here is beautiful scenery from one of our hikes and the two of us on the beach at sunset.

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As the pandemic sunk in, we decided to raise another child—of the 4-legged variety. We tried to get a rescue dog, to no avail. One of the local breeders had a Standard Poodle pup who was slated to go to the USA but travel was restricted. We were fortunate to adopt an 8-week-old puppy. Tali is now grown up and loves to hike with Jennifer.

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


WHERE ARE THEY NOW? In 2021, we enjoyed camping together. Jen drove the truck and trailer and often I rode behind on my new retirement/birthday present, a Harley Davidson, Roadglide. Who says you can’t have your cake and eat it, too?

At the end of November, we snuck in 2 weeks in Puerto Vallarta and got back home with negative PCR tests. It was pretty nice playing dry golf in 30⁰ C.

Alex Kravetz

Although retired, I still do some vacation relief for a select number of colleagues, including my very capable successor who shares my DNA They are fun gigs . . . without having to deal with the day-to-day office administration.

In 2021 our Society lost a number of members and the pandemic shrank our lives and restricted our activities.

Michael and his Roadglide

To all my wonderful colleagues who are still in the trenches, I recommend that you find the time to smell the flowers—and hug your family and dear friends. And do things that make you smile! s

Helping affluent families protect and grow their financial wealth. DIXONMITCHELL.COM

Volume 31, Number 1, Spring /Summer 2022

The Scrivener | www.bcnotaryassociation.ca

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OBITUARY I was saddened to learn of Stan Nicol’s January 9 passing. I first came to know Stan in 1986 when he took over from Dr. Bernard Hoeter as Secretary of The Society of Notaries Public of BC. For some years I had been serving as The Society’s counsel. The Society’s home back then consisted of an office and a reception area under the clock at the top of the Granville Block at 736 Granville Street. Full-time staff were Stan and his secretary Winifred Nielsen. Adrian Chaster

My dealings with The Society were limited to handling the rare Special Fund claims, assisting as necessary with the odd discipline case, and presenting each year’s new crop of Notaries for the swearing-in ceremony at the BC Supreme Court. Then the “insurance crisis” arrived. Insurers began pulling away from covering professionals—and began making premiums prohibitively expensive. The Society, under the direction of President Larry Stevens and Director Brent Atkinson, elected to become self-insuring. Larry and Brent were instrumental in putting the plan together and Stan presided over the creation of the in-house insurance program. I added the handling of E&O claims to my duties and Stan and I worked ever more closely together.

June 24, 1941 - January 9, 2022

Reflections on Stan Nicol

I enjoyed working with Stan. He was a quick study with legal issues, could always see the big picture without getting lost in the myriad picayune details of each case, and he laughed at my jokes. A close business relationship developed into a personal friendship.

Tributes to Stanley J. Nicol Stan filled very big shoes when replacing Dr. Bernard Hoeter as Secretary of The Society of Notaries Public of BC. Stan’s first major accomplishment was getting The Society office computerized. Next was steering the formation of the formal Notary Education Course at the University of BC. That became a massively difficult project, with Dr. Hoeter’s high standards hovering over Stan and all the Directors of The Society. El Fedewich

Next came Stan’s guidance in getting our Notary Foundation functioning. Stan did much for our Society. He did it with grace and respect. It is a better world for all the people whose lives he touched. He will be sorely missed. Goodbye, Stan. El Fedewich, BC Notary, Retired

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I attended each Society Conference. One of our regular events was what we called The Stan and Adrian Show, which I introduced by saying, “Here’s what you guys have been doing lately that is helping to pay my mortgage.” We would then discuss relevant practice issues and more general matters. My working relationship with The Society of Notaries Public came to an end in 1999, when I withdrew from practice. Stan retired as Secretary of The Society a couple of years later, in 2001. Retirement evidently did not suit Stan; he accepted an appointment as Registrar of the College of Traditional Chinese Medicine and Acupuncture in 2004, a post he held for several years. Stan roped me into becoming a member of the College’s Inquiry Committee, looking into complaints against registrants, a post I hold to this day. Stan and his wife Gloria eventually retired with their beloved dogs to a beautiful log home on a little lake near Pender Harbour, where Stan saw out his days. He was 81.

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


Wiebke Imsel Bernard W. Hoeter

Winner of the Prestigious Bernard W. Hoeter Award in 2021

I

grew up in Germany, earned a law degree, and moved to Canada in 2008. Today I live in Victoria, BC, with my husband Dallas Eisert, who is also a Notary Public, and Cappie, our mini Golden Doodle.

In 2021 I won the Hoeter Award for achieving the highest combined marks on all six in-depth statutory exams for Notaries . . . and also won two other awards! My previous legal studies helped me in the Notary program as did collaboration with the other students in my Notary education cohort at SFU. Currently I work for “Notaries on Douglas” in Victoria. I am lucky to work with two experienced BC Notaries who are generous with their time and knowledge—Sabrina Hanousek and Vienna Kappell. I am learning a lot from them.

Wiebke Imsel

I really enjoy my Notary career and find it challenging at the same time. I love meeting with clients and helping them with their legal documents. The work can also be exhausting. Every situation has an interesting background story. It is amazing how often the Wiebke on her horse Toni information I had going into the appointment changes once I meet the client—like a plot- twist in a story. My personal hobbies and interests are horseback riding, hiking, sewing, and reading.

Wiebke with Cappie

Most important in my life are family and friends—including the four-legged ones; I am taking care of a horse and help at the horsebarn regularly.

Growing up, I wanted to be a horseback-riding coach but later I became interested in the legal field. Before I became a BC Notary, I worked in the tourist industry, as a legal assistant and as a library technician in the BC Legislative Library. Volume 31, Number 1, Spring /Summer 2022

Work is important, but my family tops the list. Cappie

The Scrivener | www.bcnotaryassociation.ca

Wiebke Imsel is a Notary practising in Victoria. TABLE OF CONTENTS

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HUMOUR

In a Lighter Vein Filip de Sagher

T

hese are testing times (pun intended). And humour, which is one of our ways to deal with adversity, seems to be sorely missing. Not that our masked faces can tell whether we smile or not, but we all need some relief from the doom and the gloom. Putting this pandemic in a lighter perspective might strengthen your resolve to face it. So I ransacked the Internet and found a ton of corona-related jokes. That department certainly does not suffer any supply problems. Here is a rundown of what I thought were the funnier ones. They all have in common that they are catchy, although some of you might have to wait 2 weeks to see if you got it . . . By now, we all know that ordering a Mexican beer at the bar is a dangerous activity. The good news is that the accompanying lime wedge has anti-bacterial properties. That should help. And since everyone now has to sanitize their hands, the peanuts have a cleaner taste, too. Sadly, nobody walks in a bar anymore. Telling jokes with a beer in your hand is out. We know the answer anyway . . . the chicken crossed the road because the chicken behind her did not keep her

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By the way, if you do walk in a bar, wearing a mask is not sufficient; you have to put on some pants, too.

social distance. By the way, if you do walk in a bar, wearing a mask is not sufficient; you have to put on some pants, too.

Have you heard the one about the person on his way out (probably to pick up toilet paper) and noticing a woman talk to her cat? When he got home, he told his dog all about it and boy, did they have a good laugh! Talking about hoarding, it was of course breaking news when the first person died from the virus. In his house they found 100 cans of food, 50 kilos of pasta, 50 kilos of rice, 300 rolls of toilet paper and 50 litres of hand sanitizer that he had stockpiled. The whole lot collapsed on top of him.

All this staying at home is starting to weigh on us. The buttons on my shirt started socially distancing. But there is good advice out there. Every few days, try on your jeans, because pajamas lie. And there are new definitions out as well. Outdoor activity—getting your online-ordered packages from the front door. Pub-crawl—having a beer in each room of your house.

Do not ask me to explain the difference between the Delta and Omicron variant. It is all Greek to me. But since omega is the last letter of that alphabet, I hope we all get a watch when it is all over. I wonder what, 15 years from now, they will call the generation born during the pandemic: The quaranteens?

Please do not be too upset about having to lie on the couch all day. Tell your mom that you are saving the world. And use all that time on your hands to find another reason for having no time to clean the house. Couples might find it hard to quarantine together, though. They might kill each other faster than the virus.

A method to avoid touching your face? A glass of wine in each hand.

BC Notaries Association

In the meantime, we carry on and find new ways to deal with it.

A method to keep everyone at a safe distance? Lots of garlic. But the method that trumps them all? Laughter! s Filip de Sagher is a BC Notary practising at Deprez & Associates in Vancouver. Volume 31, Number 1, Spring /Summer 2022


British Columbia Notaries Association (BCNA) hosted a successful and engaging Virtual Continuing Education Session on February 26, with a wide variety of presenters and topics. This full day of 5 sessions provided 10 Continuing Education Credits for the current reporting year of July 1, 2021, to June 30, 2022.

Hot Topics in Notary Practice 2022 Dr. Margaret Hall

I

had the pleasure of facilitating a panel presentation on Hot Topics in Notary Practice 2022 for the BC Notaries Association Conference held in February.

Hilde Deprez

Sally Houghton

Franca Muraca

Trevor Todd

The panel brought together four legal professionals with diverse practices and diverse perspectives, to discuss a range of issues. Our panelists were Hilde Deprez, a Notary practising in the Point Grey/ Kitsilano area of Vancouver; Sally Houghton, a Notary practising on Quadra Island; Franca Muraca, a Notary practising in Kamloops; and Trevor Todd, a lawyer practising primarily in the area of estate

Volume 31, Number 1, Spring /Summer 2022

I’m a great believer in the idea that what you see depends on where you stand; litigation in the Kerrisdale area of Vancouver. Our “hot topics” were primarily focused on Wills and incapacity planning, reflecting our panel participants and their areas of practice. I’m a great believer in the idea that what you see depends on where you stand. When we bring together people standing in different places, we have an opportunity to see a more complete picture of the landscape. Our panelists brought very different perspectives to our discussion, in terms of the communities where their practices are located and their length of time in practice. Hilde and Trevor were our highly experienced “old hands” on the panel; Sally and Franca had started their practices The Scrivener | www.bcnotaryassociation.ca

more recently. The perspectives they brought to our discussion were equally valuable and exchanging views brought new insights into our conversation. As a litigator, Trevor sees how and why problems can arise after instruments are created and is therefore uniquely positioned to share his experiences on how to make it less likely that things will go wrong. Our Notary participants, in contrast, will be looking at the issues from the “other end”—the point at which legal instruments are created. Our first topic was “navigating tough interpersonal situations” with clients—including whether our panellists have been asked to do something they were not comfortable doing—and what they had learned through those experiences. Our panellists described situations where family members were the ones applying pressure to try to persuade the Notary to prepare a document TABLE OF CONTENTS

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in situations raising clear concerns about the client’s capability.

of property interests in exchange for an agreement for care.

Even where the client appears capable, family members or other “helpers” may dominate the conversation to the extent that it’s difficult to know what the client actually wants. The panelists emphasised the importance of remembering your special role and responsibility as a Notary to safeguard the interests of clients, especially vulnerable clients—and not being hesitant to assert that role.

On that topic, concerns were expressed about contracts that had been created by persons who were not legal professionals, such as real estate agents, and who did not understand the nature of contracts or what they should include.

That includes making it clear to “helpers” who the client is and that you as the Notary are “in charge.” Staff members must also be empowered and supported to resist that kind pressure. Concerns about potential liability can arise in those situations, in addition to the Notary’s ethical responsibility to her or his client. Our second topic was the extent to which contracts and agreements are part of our Notaries’ practice, the extent to which clients had expressed an interest in that area of service, and any general thoughts on the topic. Our panelists reported that beyond the real estate contract of purchase and sale, contracts and agreements were not a significant part of their practice, if at all. In an area such as Kamloops, where real estate development was booming, the demand for real estate services both in the city and in surrounding areas was creating a high demand for Notary services generally, meaning there was little time to develop new skills and services. Hilde Deprez, our highly experienced Notary participant practising almost exclusively in the area of Will and incapacity planning, noted she did get asked frequently about co-ownership agreements between family members and “care agreements”— transfers

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Will-making is especially complex in communities with a high number of older, blended families. Our third topic was the extent to which electronic Wills—now enabled by legislation as meeting formalities’ requirements, and not defective Wills that need to be cured—had become a part of their practice, the extent of client interest, and whether the use of e-Wills raised any special concerns for them as practitioners. Our panelists had not experienced clients asking for e-Wills, suspecting clients may not be aware they are an option. Sally Houghton, our Notary practising on Quadra Island, noted that her community members tended to be older persons who had come to the island from somewhere else, sometimes living a bit “off the grid,” and less technologically adept. Community members for whom the ability to make an e-Will would be beneficial—people with technological access but living in more remote communities on one of the neighbouring islands, for example—would need support to be “walked through” the process.

possible. Panelists also noted the power imbalance between older and younger generations in terms of knowledge about and familiarity with using technology, and the opportunities that could create for exploitation. Our fourth topic, and the one that generated the most discussion, was the “simple Will” . . . the idea in the public imagination that a “simple Will” is the norm—unless a Will includes a trust, in which case it needs to be prepared by a lawyer, and that a Will should be quick and inexpensive for a Notary to prepare. I began the discussion by asking our highly experienced Notary, with more than 2 decades of practising in the area of Wills and incapacity planning, if she could define a “simple Will”—to which she immediately replied that a Will would be “simple” only in rare circumstances—a single person with no spouse, no children, simple assets. Will-making requires both time and expertise; rushing the process, with no opportunity for probing the Will-maker’s mind and capability or obtaining a complete list of assets, creates significant risks in terms of opportunities for future litigation—bad for both client and Will-drafter. Will-making is especially complex in communities with a high number of older, blended families.

Hands-on experience or training in making e-Wills was identified as a necessary precursor to their use, and not just the fact that making them was now legally

Despite that, the concept of the “simple”—and cheap—Notary Will remains in the popular imagination, creating a disconnect between the service that people expect and are willing to pay for and the kind of service that Notaries should be providing—to protect the interests of the public as well as their own interests. The public needs to be informed that Notaries are Willdrafters, and not simply secretaries taking dictation from the Will-maker client.

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Left unaddressed, one consequence of that imbalance could be a reluctance to provide the service, leaving individuals to make their own Wills—creating much higher opportunities for litigation— or not to make them at all; a highly detrimental outcome for British Columbians generally. The need for public education about the importance and true nature of Will-making was identified by all panelists as important. The problem is not that Wills are too expensive, relative to other services people are willing to pay for, but that the perception is they should be cheap. Reputation built over time also creates awareness of the value of careful Will-making; consistently providing excellent service in that area eventually builds community awareness of—and willingness to pay for—that value. Our final topic was on mental capacity . . . whether our panelists had ever been concerned about a client’s ability to make a document and how the client dealt with that. Our panellists identified the client “on the edge of understanding” in early dementia as raising significant concerns in terms of ascertaining whether that individual was capable of making the document in question. While some prefer to err on the side of caution—avoiding the potential for future dispute, the panel recognized the importance of enabling the person who is capable of making those arrangements to make them. Insights and conversations among all our panel members were incredibly insightful and interesting; I am grateful to the panelists for sharing their thoughts and experiences. I learned a great deal from the discussion and look forward to more discussions of that kind in future. s Dr. Margaret Isabel Hall, BA, LLB, LLM, PhD, is a Professor and BC Notaries Chair in Applied Legal Studies in the School of Criminology at Simon Fraser University in British Columbia, Canada. Volume 31, Number 1, Spring /Summer 2022

CORPORATIONS CRASH COURSE

Corporations and Notarial Practice

N

otaries Public in British Columbia frequently encounter situations in day-to-day practice involving corporate actors or have clients with interests in corporations.

David Barroqueiro

forms that make them attractive vehicles through which to do business. Chief among them is the limited liability of shareholders, because corporations are separate persons from the individuals who control them. Losses, liabilities, and legal actions typically attach to the corporation instead of those individuals.

This article provides a brief overview of corporate structures, Corporations also enjoy Notary corporations, shareholders name protection in jurisdictions agreements, reporting requirements where they under the are registered, Land Owner are favourable Transparency vehicles for Act (LOTA) when In law, corporations are raising capital, corporations “persons” separate from and may be taxed hold an interest the individuals that own at advantageous in land, and rates. On the or control them. ways shares other hand, and control of corporations corporations are often have higher dealt with when startup costs; record-keeping a shareholder dies. obligations are more rigid and may Corporations, Generally be difficult to dissolve compared to other business forms. In law, corporations are “persons” separate from the individuals that The basic unit of ownership own or control them. As “persons,” of a corporation is a share. Shares corporations hold many of the same are often subdivided into classes rights and obligations as natural based on their characteristics, such persons; they can own, buy, and as voting rights, priority to receive sell property; enter into contracts; dividends, and special restrictions. pay taxes; and sue or be sued. There is no limit on the number In a sense, corporations are also of share classes a corporation can immortal—until and unless they have or on the number of shares are dissolved, they continue to exist within a particular class. At a indefinitely. minimum, a corporation must have Corporations possess several advantages over other business

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While corporations in BC exist in numerous forms, for our purposes we will focus on the example of the limited company, more or less the most commonly understood example of a “corporation.” Every BC corporation requires a set of Articles, the fundamental rules dictating how the corporation operates and conducts its internal business. Often, incorporators will adopt the model Articles at Table 1 of the BC Business Corporations Act (BCA). All BC corporations must have an official name. If the incorporators do not elect to reserve a name, it is given a name corresponding to the company’s incorporation number, followed by “B.C. Ltd,” e.g., 1234567 B.C. Ltd. They are referred to as numbered companies. If the incorporators wish to use a specific name, they must reserve it in advance through the BC Registry. A company’s name must contain a distinctive element, e.g., someone’s name; a made-up word or phrase; and a descriptive element—some description of what the company does, followed by any one of “limited,” “corporation,” or “incorporated,” or abbreviations of those. Companies are sometimes required to use names that follow a prescribed form, as is the case with many professional corporations. Corporations must maintain registered and records offices, at physical address(es) open to the public during regular business hours. Those addresses are where the corporation’s minute book is kept, corporate mail is sent and delivered, and notices are served. Many corporations elect to have law firms act as their registered and records offices rather than use their business addresses.

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Directors Limited companies must have at least one Director who is a natural person. Unless limited by the Articles or a Shareholders Agreement, Directors have broad discretion to make decisions on behalf of a corporation. Directors are responsible for managing much of a company’s day-to-day operations and frequently, possess signing authority.

“Holding” companies typically exist to hold shares in one or more other corporations or other property, but do not do much else... Directors can be held liable for their acts or omissions in certain circumstances—when they breach their fiduciary duties to the company; when income taxes or employee wages go unpaid; when they knowingly authorize illegal activities; and when they act negligently or make misrepresentations. Corporations Owning Corporations Corporations can, and often do, hold shares in other corporations. “Parent companies” and “holding companies” are examples. “Holding” companies typically exist to hold shares in one or more other corporations or other property, but do not do much else; “Parent” companies also hold shares in subsidiary corporations, but may engage in operations of their own, separate from those of their subsidiaries. Notary Corporations

requirements and restrictions set by The Society of Notaries Public of BC that operate on top of the general requirements of a limited company under the BCA. Some ways in which Notary corporations differ from a conventional limited company— 1. Corporate names must include one of the words “Notary” or “Notaries.” 2. Incorporators require the preapproval of The Society to use a particular corporate name. 3. All voting shares must be owned by members of The Society in good standing, including other Notary corporations. 4. Any nonvoting shares may only be owned by members of The Society, their spouses, children of shareholding members, or other relatives of shareholding members residing in the same household. 5. All Directors must be members in good standing. Notary corporations are permitted to derive business income only from Notary services and related functions. That said, Notary corporations can invest in real estate, personal property, mortgages, stocks, bonds, insurance, and other investments. While Notary corporations do provide for limited liability in some respects, Notaries should be aware that their liability for professional negligence is neither affected nor avoided by providing Notary services through a Notary corporation. Shareholders Agreements

While not mandatory, some Notaries opt to deliver Notarial services via Notary corporations. Notary corporations are subject to certain

Shareholders Agreements (SHAs) are contracts between shareholders, spelling out the rights and obligations of the shareholders to one another and upon the

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occurrence of specific events. While not required under the BCA, they are useful for preventing and mitigating disputes between and among shareholders. Some advantages of having a SHA 1. There is greater certainty in how to deal with shares on the occurrence of certain triggering events. 2. They may allow for the transfer of shares by operation of the contract, rather than by statute, which promotes efficiency. 3. They afford the shareholders greater control over the transfer or issuance of shares. 4. They can restrict or clarify Directors’ powers. SHAs usually supplement a corporation’s Articles and deal with matters such as • how deadlocks are resolved; • f unctions requiring unanimous approval; and • h ow shares and directorial power are dealt with following a “triggering event,” such as incapacity, death, family breakdown, termination of a shareholder’s employment, or the buying or selling of shares.

The LOTA requires that holders of an indirect interest in land be identified in a transparency report. An “interest-holder” includes, in the case of a corporate holder of an interest in land, persons owning or controlling 10 per cent or more of the shares or the voting rights in that corporation. Under the LOTA, most corporations are “reporting bodies” and must submit transparency reports identifying individual interest-holders. When an interest-holder in a reporting body is a corporation, the chain of inquiry continues. Preparers of transparency reports are meant to trace through often complex corporate structures to identify the natural persons holding an indirect interest in land. That is a technical process, so those preparing transparency reports should be mindful of and frequently consult the LOTA and Regulation for guidance. Corporate Shares and WESA

Corporate Ownership and the Reporting Requirements under the LOTA

In the absence of a SHA or some other mechanism for dealing with a shareholder’s shares and related corporate power, on death they would be distributed to beneficiaries per the Wills, Estates and Succession Act (WESA). That can result in a sort-of organizational paralysis while an executor or administrator seeks a grant of probate or administration and ultimately waits for the clock to run out on potential Wills Variation claims before distributing the shares.

Notaries sometimes represent corporate clients in real estate transactions. When an interest in land is transferred to a corporation, that may give rise to certain reporting obligations under the LOTA.

Following the grant of probate or administration, an executor or administrator may obtain interim control of a deceased’s shares by way of a transmission. The transmission does not transfer ownership of the shares to the

Notaries advising clients with legal or beneficial interests in shares would be wise to consult the SHA, if one exists, for guidance on how those shares are to be dealt with in certain circumstances.

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executor, and it remains the case that the executor, absent consent from all named and potential beneficiaries, must wait until the expiry of the 210-day waiting period to distribute the shares. WESA permits the use of multiple Wills in BC. A Willmaker can create both a probate Will—dealing with non-corporate assets, and a separate nonprobate Will—dealing with company shares, outstanding shareholder loans, and dividends that allows for the transfer of corporate shares without a grant of probate. Note that in a situation involving two Wills, each requires a different executor. Those considering nonprobate Wills should be aware of the risk of Wills Variation claims and the potentially high costs of administering multiple estates. A Final Word Corporations can be very useful vehicles through which to conduct business and store value, but when things go wrong, not having a plan in place to deal with the interim management of a corporation can lead to major headaches. That highlights the importance of incapacity planning, e.g., Power of Attorney Agreements; Representation Agreements and corporate planning; e.g., Shareholders Agreement; granting partners or upper management means of making corporate decisions. s David Barroqueiro is a Vancouver corporate/commercial lawyer focused on delivering legal services to smalland medium-size businesses. He is always excited to assist local businesses, startups, societies, co-operatives, artists, and community-based organizations in meeting their needs and realizing their goals. When not practising law, David spends time with his partner and their Corgi-Sheltie Olive. TABLE OF CONTENTS

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X

xx s

Rachelle Lee

The Power of People Insights When Hiring, Retaining, and Developing Professional Staff

T

he definition of a businessowner’s bad day? One of the best, most highly skilled, talented, and likeable members of the professional staff has handed in his resignation. It’s too late to talk about it because the decision has been made.

“People insights” can be applied to three key areas—hiring, retaining, and developing staff. People Insights when Hiring

No one sensed his dissatisfaction over the past year or so, but it has been a busy time. Now the company faces a daunting task . . . starting all over again with recruiting, hiring, and onboarding without any guarantee that someone who’s the right fit will be found.

Résumés tell you about skills, education, and certifications—all the technical areas that demonstrate someone can perform the functions of the job. But résumés, even interviews, can’t tell you if a person has the right attitude for the job. At Einblau & Associates, we like to say, “If a job could talk, we would know who would be successful.” It’s important to understand exactly what personal skills are required for success in the position in terms of behaviours, the driving forces behind the behaviour, and nontechnical (soft) skills-proficiency.

Is there anything you could have done to prevent the departure from happening? That is a question on the mind of thousands of companies these days with staff at all levels leaving in record numbers. Even before today’s “great resignation” trend, it was a challenge to keep good talent.

Fortunately, some excellent tools and processes are available to do pre-employment strengths-assessment and job benchmarking. By using highly valid and reliable assessments, companies can reduce hiring regrets along with the time and money spent trying to make a poor hire successful.

Most organizations are familiar with the factors that impact employee retention at senior levels, including • lack of respect, • poor company culture, • feeling overworked and underappreciated, • lack of growth opportunities, • team issues, and • poor leadership. How does a company demonstrate to its professional staff that it cares about those factors when hiring, retaining, and developing its people?

People Insights: Retention

There is a scientific approach to all the uncertainty. We’re talking about the use of analytical tools and predictive assessments that provide “people insights” to understand the strengths of the individuals working in an organization. The insights (provided through data and self-assessment tools) reveal what drives them to do well, what’s getting in their way, and how a company can develop their strengths in the best way possible.

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Professional staff possess the technical skills and experience they need to do their work, but they often struggle with how to deal with poor performance on their teams or problem-solving around behaviour. As stress builds, the leader becomes frustrated with lack of respect, dissatisfied with his or her own performance, and without support, disillusioned with the overall culture and working environment. That is when people insights, provided through coaching training, are so important. Coaching skills training addresses the kinds of soft skills that aren’t taught in schools, such as how to • manage people’s performance, • mitigate and resolve conflict, • deal with difficult employees and clients, and • build team-effectiveness. Managers who learn how to coach performance effectively are able to capitalize on their employees’

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strengths and minimize their weaknesses. They know who needs support to do a specific job and where to tap specific resources. The same applies to team-building. Managers benefit from training in the techniques of “participatory problem-solving,” where both sides talk openly about the issue in one-on-one coaching conversations. When applied to performance reviews, managers with good coaching skills learn how to invite suggestions and innovative ideas from employees to resolve the problem or find appropriate corrective actions. People Insights: Development Development is another area where assessment tools can be very powerful. Strengths-based training is one of the best known. For example, 360-degree feedback and self-assessment programs are available to measure management effectiveness. Following a feedback process, leaders receive a diagnostic report that measures, reports, and recommends improvements in 14 key management skills. In addition, individual coaching is provided to set personal-development goals. That is just one of the various assessment processes that can give professional staff what they need to feel successful and satisfied in their jobs. Others include

Volume 31, Number 1, Spring /Summer 2022

emotional intelligence profiles, assessments for coaching effectiveness, and processes for succession planning. It goes without saying that it helps to have a trusted supplier of strengths-based training programs. People Do Want to Remain in Their Jobs! Armed with people insights, organizations can take strategic, targeted actions toward hiring well, improving retention, and developing leadership—actions that will ensure they remain competitive and successful. If you haven’t done so before, consider using highly credible, reputable assessment tools as an effective way to demonstrate to professional staff that the company is actively involved and interested in the experience of each employee. Further, show them your organization is willing to act on the feedback received. Who wouldn’t want to work for—and stay with—an organization that takes feedback and continuous improvement seriously? Rachelle Lee, President, Einblau & Associates, is an organization development and management consultant specializing in training and coaching, leadership assessments, and facilitation of strategic conversations. Her work is focused on helping leaders and managers create a motivating work environment where staff are inspired to reach their full potential and achieve great things together. www.einblau.com

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THANK YOU

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BRONZE

The Dye & Durham Platform connects a global network of professionals with public records to support business transactions and regulatory compliance.

SILVER

GOLD

TO OUR 2022 SPONSORS

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Volume 31, Number 1, Spring /Summer 2022


Merchandise Journals We are pleased to present our new BC Notaries Association Journals. This journal contains 192 perforated, ivory lined pages with colour-matching edging (black, red and blue). Use the date feature for daily journaling and meetings and mark your spot with colour-matching ribbon bookmarks. It's all about keeping things secure and accessible, so tuck your phone into the universal phone holder, protect your credit card in the RFID protected card slot and use the elastic pen loop to hold the included colour-matching ballpoint pen. Available in black, red and blue. Journal dimensions: 6.125” x 8.250”

Presentation Folders We are pleased to announce we have updated and restocked our Presentation Folders. The updates to the folders include new logo on the front, new website and tag line on the back and the Pantone Red throughout the folder.

TO ORDER PLEASE EMAIL bcna@bcnotaryassociation.ca

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Continuing Education

Topic:

Conveyancing for Support Staff - LEVEL 1

When: Time: Where:

May 4, 5, 6, 9 and 10, 2022 9.30 am - 5.00 pm each day Zoom

Course Objectives: This intensive 5 full-days course introduces conveyancing to support staff to assist Notaries in sale and purchase transactions. To provide them with the knowledge, materials, and resources to conduct necessary searches, generate documents, and file with Land Registry. This program will be presented virtually

Speakers: Rimpy Sadhra completed her Master's in Applied Legal Studies and was commissioned a Notary Public in May 2011. Rimpy co-founded West Coast Notaries which has multiple offices throughout the Lower Mainland. Rimpy has always been passionate about continuing education and training. She has been teaching the conveyancing course to Notary students conducted by the Notary Society for the last 6 years. She is also a Director on the BCNA Board. Outside of being a Notary, Rimpy enjoys travelling with her family and cooking. She is a huge Marvel fan.

Zahra Walji is a full-service Notary Public commissioned by the Supreme Court of British Columbia. She attended Simon Fraser University and completed her Bachelor of Arts in Criminology and Master of Arts in Applied Legal Studies. Her background in banking has provided her with a deep understanding of the procedures and requirements of various banks and lending institutions. Zahra was born in Nairobi, Kenya, and moved to Canada when she was 2 years old with her family; a business opportunity brought them to Vancouver. Zahra is proud of her heritage and speaks Gujarati, her native language . Zahra’s hobbies include baking, fitness, and travelling.

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Continuing Education MAY 2022

Topic:

Dixon Mitchell - Process to Execution

When: Time: Where:

Wednesday, May 4, 2022 12 noon Zoom

Description Our Investment Counsellor Pooja Gurrala, CFA will be joined by our analysts Rajiv Mukhi, CFA and Parry Pasricha, CFA to discuss the investment process, current market conditions and positioning in Dixon Mitchell portfolios.

Topic:

Stewart Title - Insurance Boot Camp- Back to Basics

When: Time: Where:

Wednesday, May 18, 2022 12 noon Zoom

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Continuing Education JUNE 2022

60

Topic:

FCT - Fraud Flags for Real Estate Transactions

When: Time: Where:

Wednesday, June 8, 2022 12 noon Zoom

Topic:

Marsh & Chubb - Cyber insurance

When: Time: Where:

Wednesday, June 22, 2022 12 noon Zoom

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Volume 31, Number 1, Spring /Summer 2022


Save the Dates

2022

2023

Volume 31, Number 1, Spring /Summer 2022

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THE MiX

SECURITY

Current Fraud Prevention Kim Krushell

M

eeting Online is Still the New Normal.

So, what do you do now that FINTRAC has changed their rules and, as of March 31, BC Notaries can no longer have a client hold up his or her ID to a webcam, take a screenshot, and be compliant with Know Your Client (KYC) rules? The answer is Treefort! You would think that being able to meet online and conduct all Notary and other legal business would be an easy business problem to solve; after all, technology already exists that allows us to meet virtually and sign documents electronically. Notaries and lawyers, however, have the added responsibility to fulfil their Know Your Client (KYC) requirements and the existing software products have been unable to address the need. In response to the pandemic, regulators in Canada allowed for a temporary relaxation of rules that enabled business to be conducted online by Notaries and lawyers. With restrictions now easing, some regulators are reverting to the old way of doing things. Such is the case with the recent FINTRAC announcement prohibiting BC Notaries from verifying identification (ID) by having the client hold up his or her ID to a webcam to take a screenshot.

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Added to that are other factors to take into consideration. For example, meeting in-person may still not be an option for legal professionals who are holding off until they can be certain that another COVID wave isn’t coming. Further, clients may have adapted to conducting business virtually and would prefer to meet online to avoid the hassle of driving and paying for parking.

With restrictions now easing, some regulators are reverting to the old way of doing things.. Notaries and lawyers are also busy supporting their clients through a busy housing market that can be an opportunistic time for fraudsters to take advantage and produce a fake ID to commit mortgage fraud. Notaries and lawyers require a solution that allows them to continue providing their clients with the convenience of online meetings, while also meeting their KYC requirements. This is where Treefort comes in. Treefort is the only 3-in-1 product that enables Notaries and lawyers to verify ID, as well as meet and sign online—all while satisfying KYC requirements and assisting with fraud prevention. BC Notaries Association

Digital identity and cyber security technologies on their own would not meet KYC requirements; layering the technologies into the Treefort platform, however, and combining it with Treefort’s patent pending Identity Data Triangulation Algorithm (IDTA) will • confirm an individual’s identity; • analyze for fraud; • meet compliance requirements; and • provide the results in an easy-toread report. The vision for Treefort started in 2019 to solve what seemed like a simple business problem—develop technology that would simulate meeting in-person with a Notary or lawyer. Jay Krushell, one of the co-founders of Treefort and who was a lawyer at Witten Jay Krushell LLP specializing in commercial loan transactions, wanted to provide his customers with what they were requesting . . . a virtual solution for signing sensitive online documents. Developing technology was not new to my husband Jay; we had already co-founded Lending Assist, a software program that helped Alberta law firms produce commercial security documents within 20 minutes. In fact, building things had become a passion for Jay since he was a boy growing up on a Volume 31, Number 1, Spring /Summer 2022


small farm outside of Edmonton where he developed a knack for building tree forts and continually expanding on their existing structures. That passion for building things was the inspiration for what today is Treefort Technologies. Treefort was first developed as a pilot project with the Law Society of Alberta that was instrumental in testing different digital identity, cyber security, and video and electronic signature technologies to determine how KYC requirements could be met online. Since then, Treefort has transformed and quickly adapted to meeting the needs of clients during the pandemic. In 2021, Stewart Title Guaranty Company acquired a majority interest in Treefort Technologies as part of their commitment to invest in technology that makes closing real estate transactions easier and more secure for their Notary and lawyer clients. Shortly after, Treefort Technologies appointed Grant Goldrich as President. With over 30 years of experience, Grant is a Grant Goldrich trusted leader in the legal industry and will lead Treefort’s growth to help legal professionals improve the client experience and mitigate the risk of fraud.

welcome to brighter ACQUISITION OPPORTUNITY — Notary Public Firm

The BC Notaries Association Employee Benefits Association Plan For a no-obligation free quote, contact Charles Choi Charles.choi@mercer.com A business of Marsh McLennan

Now, Treefort Technologies is set to roll out those tools to clients across Canada. While building an online KYC experience was the business problem that needed to be solved, Treefort Technologies will continue to focus on how it can be a transformative technology leader helping legal professionals conduct business securely and easily. For more information on Treefort Technologies and its tools, please visit www.treeforttech.com. s Advertorial submitted by Kim Krushell, Co-Founder of Treefort Technologies. Volume 31, Number 1, Spring /Summer 2022

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Introducing treefort – the only 3-in-1 solution that lets you:

ID Anyone

Sign Electronically

Securely Meet Online

How it all works 100+ Data Points Identity information and fraud indicators

Identity Aggregation

Treefort IDTA

From our reliable sources

Identity Data Triangulation Algorithm

Fraud Alert Barrier

Overall Pass / Fail Passes compliance barrier

Identity Confirmation Barrier

Successful Identity Verification

Banking Verification Credit History

Client Information

Cell Phone Check

Report

Government ID

treefort combines world-leading digital identity and cyber security technologies with our patent-pending algorithm to accurately identify an individual and deliver a risk report in minutes, all while complying with Know Your Client, Anti-Money-Laundering, Law Society, and other regulatory requirements. treefort also lets you sign and witness documents for a vast range of transaction types so you can transact online with confidence, while ensuring the highest standards for security and data privacy.

Learn more at treeforttech.com

hello@treeforttech.com

1-888-849-0081


ORIGINAL RECIPE EGGKAKE (THE SPECIAL) Use a 10” to 12” pan. Heavy cast iron is always best.

5 to 6 slices bacon 3 eggs ( we are lucky to have access to fresh Ameraucana eggs from our friend’s farm)

Stormer Yttri

3 Tbsp flour 1 Tsp baking powder

My father emigrated to Canada from Norway in 1955 with little more than the clothes in his small suitcase and a whole lot of anxiety and homesickness . . . combined with an even higher degree of excitement and hope.

¼ cup water Salt and pepper to taste

DIRECTIONS

His story was not very different from the hundreds of thousands of other European immigrants who made their way to Canada in the mid-century. They were looking for opportunities that were not available to them in the “Old Country.” They brought fresh ideas and enthusiasm, different cultures, languages—and recipes!

Combine eggs, water, salt, pepper, and baking powder and stir with fork until smooth. Stir in flour until batter has a lumpy consistency. Cut bacon slices in half and fry in pan, turning often until slightly caramelized.

When the editor of The Scrivener asked me to share a recipe with the readers, I was to ensure it was unique and, of course delicious. This is the simple breakfast recipe my father brought with him from Norway.

Spread bacon evenly on the pan and pour the liquid mix over the bacon. (Traditionally, all the bacon fat is left in the pan but feel free to pour some off.)

Eggkake, which translates to “egg cake,” was a breakfast staple and remains one of my all-time favourite comfort foods. In fact, in our household, eggkake is translated to “The Special.”

Fry in pan until solid enough to flip (about 2 minutes). Flip in pan with two spatulas and cook for 1 minute. Remove from pan, cut in wedges.

Serves 3

Over the years, I have added ingredients (like cheese or dill or onions) but I always find myself moving back to the original recipe.

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Serve with toast, jam, cheese, and fried tomato (and ketchup, for those so inclined).

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WILLS & ESTATES

Photo credit: Matthew Chen

Gifts to Will Witnesses or Their Spouses SECTION 43 WESA

Trevor Todd

P

rior to the introduction of WESA (Wills, Estates and Succession Act) on March 31, 2014, the law was clear that the Court had no discretion to allow for gifts to a witness of a Will or to his or her spouse. Estate of Jason M. Bird 2002 BCSC 1584.

The purpose of that rule was to prevent fraud and undue influence but its rigid application often defeated the genuine intention of the testator. As a result of section 43 WESA, gifts made in such circumstances where a beneficiary or his or her spouse witnesses the Will is still presumptively void but the Courts now have the discretion to declare them valid. The factual circumstances of where section 43 will usually apply is the homemade Will and not that prepared by a BC Notary or a solicitor. That is largely due to the effects of section 58 WESA which empowers the Court to order that a document or other record is fully effective as the Will of a deceased person, if the Court is satisfied that the document represents the testamentary intentions of that deceased person.

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After verifying the authenticity of the testamentary document, the Courts will focus on what was the intention of the testator in exercising its discretion pursuant to section 43(4) WESA. At this time there have been three cases decided by the Court relating to section 43 WESA; the Court has allowed the validity of each bequest under section 43 in each case after closely examining the facts and probable intention of the deceased.

The factual circumstances of where section 43 will usually apply is the homemade Will and not that prepared by a solicitor. 1. T he first decision was Bach Estate (Re), 2017 BCSC 548 The testator was predeceased by his wife and was survived by one natural child and two stepchildren. In September 2014, the testator’s sister (the “applicant”) and her husband accompanied the testator to the office of a Notary Public for the purpose of creating a new Will, in which he named the applicant as the sole beneficiary of his estate. The Notary advised the testator to come back the next day to execute BC Notaries Association

this new Will. After that appointment, the testator had to be hospitalized the same day. That same evening, the testator signed a document in which he left his entire estate to the applicant. A physician and the applicant’s husband witnessed the document. The next day the testator passed away. The applicant brought an application for an order that the document be declared a valid Will pursuant to section 37(1) and section 58 WESA and that the gift under the Will be declared valid pursuant to section 43(4) and the application was allowed. The testator had informed his friend that he wanted to leave his estate to his sister and he had an appointment with a Notary Public for this purpose. Additionally, the physician who witnessed the document stated that the contents of the document were read aloud to him, that the testator agreed with the contents, and that he understood the document was intended to indicate his wishes for the estate. Based upon all the evidence, the Court was satisfied that the document executed on September 9, 2014, amounted to a Will and represented the testator’s testamentary intent. The gift was not void. Volume 31, Number 1, Spring /Summer 2022


The document was handwritten and read: SEPT. 9, 2014 I TERRENCE ARTHUR BACH LEAVE ALL MY ASSETS In full to my sister Sharon Rose Thibodeau “T. Bach” Witness: “E. Willms” SEPT 9/14 Witness: “R. Thibodeau” September 9, 2014 The Court’s analysis relied heavily on the section 58 WESA case law that focused on the intention of the testator. The Court specifically relied upon Yaremkewich Estate (Re), 2015 BCSC 1124, that considered section 58 and the concept of testamentary intent when considering curing deficiencies in a purported Will, stating: [ 35] In George, the Court confirmed that testamentary intention means much more than the expression of how a person would like his or her property to be disposed of after death. The key question is whether the document records a deliberate or fixed and final expression of intention as to the disposal of the deceased’s property on death. A deliberate or fixed and final intention is not the equivalent of an irrevocable intention, given that a Will, by its nature, is revocable until the death of its maker. Rather, the intention must be fixed and final at the material time, which will vary depending on the circumstances. The Court allowed extrinsic evidence to be admitted on the question of testamentary intent under secton 43(5) and stated that the Court is not limited to the Volume 31, Number 1, Spring /Summer 2022

evidence that the inspection of a document provides. 2.

Wolk v. Wolk 2021 BCSC 1881 reviewed the law of witnesses or their spouses to a Will receiving a gift to them under and the effect of section 43(4) of WESA.

...intention means much more than the expression of how a person would like his or her property to be disposed of after death.

Under section 40 of WESA, the fact that a signing witness is given a gift under the Will does not affect the capacity to serve as a witness. itnesses to Wills W Section 40 … (2) A person may witness a Will even though he or she may receive a gift under it, but the gift may be void under section 43. However a gift to a signatory witness is automatically void by statute, but the Court may declare such a gift valid on application under section 43(4) WESA. ection 43 of WESA includes S the Following. (1) Unless a Court otherwise declares under subsection (4), a gift in a Will is void if it is to

The deceased left the following document: I leave to my parents, Michael Dawson Wolk and/or Lynda Ruth Wolk should they survive me all monies and properties of my estate with the proviso that they in turn provide a portion of the estate to my daughters, Jessica Berens and [E.H.] either in trust or in a protected format such that they will in turn receive a stipend when they reach the age of twenty-five (25) should they also survive me. This includes the repayment of monies to my parents for loans and assistance given me over the years including the overseeing of my daughter [E.H.]. y parents can decide if the M money goes to education payments, RRSPs, or a similar portfolio to protect my daughters for later in life. his is as given by me on this T 9th day of September 2016. The beneficiaries of the “Will” witnessed the document. The Scrivener | www.bcnotaryassociation.ca

(a) a witness to the Will-maker’s signature or to the spouse of that witness, … (2) For the purposes of subsection 1, the relevant time for determining whether one person is the spouse of another is the time when the Will is made. (3) If a gift is void under subsection (1), the remainder of the Will is not affected. (4) On application, the Court may declare that a gift to a person referred to in subsection (1) is not void and is to take effect, if the Court is satisfied that the Will-maker intended to make the gift to the person even though the person or his or her spouse was a witness to the Will. (5) Extrinsic evidence is admissible for the purposes of establishing the Will-maker’s intention under subsection (4). The Court followed the Re. Bach estate decision finding that section 43(4) is centrally concerned with testamentary intent. The Court was further concerned that absent a declaration TABLE OF CONTENTS

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Services a BC Notary Can Provide A. PROPERTY MATTERS 1. Residential and Commercial Real Estate Transfers 2. Mortgage Refinancing Documentation 3. Manufactured Home Transfers 4. Easements, Covenants, and Rights of Way 5. Builder’s Liens 6. Subdivisions and Statutory Building Schemes 7. Zoning Applications

B. PERSONAL PLANNING 1. 2. 3. 4. 5. 6.

Wills Preparation Powers of Attorney Representation Agreements Advance Directives Wills Notice Searches Estate Planning

C. NOTARIZATION /DOCUMENTS 1. Affidavits for All Documents required at a Public Registry within BC 2. Certified True Copies of Documents 3. Execution/Authentications of International Documents 4. Notarizations/Attestations of Signatures 5. Insurance Loss Declarations 6. Personal Property Security Agreements 7. Statutory Declarations 8. Authorization of Minor-Child Travel 9. Letters of Invitation for Foreign Travel 10. Passport Application Documentation

D. BUSINESS 1. Business Purchase/Sale 2. Commercial Leases and Assignment of Leases 3. Contracts and Agreements

E. SOME BC NOTARIES PROVIDE THESE SERVICES. 1. 2. 3. 4. 5.

Marine Bills of Sale and Mortgages Marine Protests Marriage Licences Mediation Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca. Note: Not all Notaries provide all services listed. Please check with your Notary before making an appointment for services.

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of the Will’s validity under section 43(4), there would be a partial intestacy under section 25 of WESA which would not have been the intended result of the deceased. The Court found that the deceased wanted the witnesses to receive the bequests as a gift and allowed such under Rule 43(4) WESA. 3. Re. Le Gallais Estate 2017, BCSC 1699 dealt with the charging clause in a Will that provided that if the lawyer who prepared and witnessed the Will should act as the executrix and attend to the legal work of the estate, then she would be entitled to a fee for the usual and proper charge for such legal work.

The Courts have focused on the intention of the deceased when determining relief under section 43... A legal issue arose as to whether the charging clause in favour of the lawyer was valid due to the fact that the lawyer witnessed the Will. The drafting lawyer M. Isherwood had known the deceased professionally for over 40 years. The charging clause stated: “If the said Constance Dora Isherwood should act as Executrix of this my Will and should also attend to the legal work of my estate, she shall be entitled to the usual and proper charge for such legal work.” The Court found that the deceased was an experienced businesswoman who would have known that legal work was required to finalize her estate after her passing. BC Notaries Association

The Court invoked section 43(4) WESA that a gift to the lawyer was intended and that under the circumstances, the charging clause was not void by reason of her having witnessed the Will and would take effect. Conclusion The Courts have focused on the intention of the deceased when determining relief under section 43 WESA when a bequest has been made to a witness of the Will, or to his or her spouse. Prior to the introduction of WESA, there were strict execution requirements under the previous Wills Act that when not followed undoubtedly resulted in outcomes that were contrary to the intention of the deceased. While well intended, these execution rules were strict and the Court lacked discretion to in effect do justice. To date the cases reported under section 43(4) have followed the rationale of the several cases reported under as the curative provisions section 58 WESA and focused on the fixed and final intention of the deceased when signing a purported testamentary document. Where the Court is satisfied as to its validity, it will order curative provisions under both sections of WESA. Determining the intention of the deceased when examining a document appearing to be a Will together with extrinsic evidence from witnesses can be a daunting fact-driven exercise for the trier of fact, but is a fact of estate litigation as seemingly more and more people attempt to save money and do their own Will. s Trevor Todd restricts his practice to estate litigation. He has practised law in Vancouver for 48 years. Volume 31, Number 1, Spring /Summer 2022


CUSTOMER SERVICE

Dye & Durham’s Commitment to Serving the BC Legal Community Well

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ver the years, I’ve always welcomed opportunities to discuss and support my colleagues throughout the BC Notary Community on the everchanging landscape in which we work. And, as we now emerge from the COVID pandemic, I’ve been reflecting on why I embrace this role so enthusiastically, a role that is part business-advisor, part coach, and part sounding-board. It comes down to two of my key principles • providing exceptional service, and • strengthening communities. From the time I spent as a boy helping customers at my family’s office-supply store through to 6 years’ operating in the Royal Canadian Navy, my focus has always been on serving people well. That has allowed me to develop a genuine appreciation for people’s Volume 31, Number 1, Spring /Summer 2022

aspirations and a commitment to finding ways of helping them break down their barriers to success.

...exceptional customer service is the lifeblood of any company that truly wants to lead. That means we only succeed when the people we serve are truly successful. In fact, I’ve always chosen to work at organizations that are as passionate about helping people succeed as I am. For instance, at DoProcess, I led a team whose sole purpose was to help legal professionals streamline their practices so they could serve their clients better. That shared commitment was felt throughout the company and led DoProcess to earn a 97 per cent customer-satisfaction score while handling more than 65,000 customer requests per year. The Scrivener | www.bcnotaryassociation.ca

Andrew Putnam

When Dye & Durham acquired DoProcess in 2020, there were some who were unsure whether an international, public, growthfocused company would be as focused on serving customers as much as DoProcess. It turns out, however, that providing relevant, timely, and personal customer service permeates all of Dye & Durham. Constantly improving customer service and every customer’s experience is an essential part of the company’s balanced scorecard. That means everyone at Dye & Durham has some responsibility for ensuring customers are served well. There is recognition across all regions, departments, and groups that exceptional customer service is the lifeblood of any company that truly wants to lead. That means we only succeed when the people we serve are truly successful. Now, I lead a team of more than 60 talented Dye & Durham professionals responsible for aligning customer service, customer training, customer TABLE OF CONTENTS

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communications, and customer onboarding—all with the single goal of ensuring the success of every customer. I find it personally and professionally rewarding to work closely with BC Notaries because of the passion they have in serving their customers. Whenever I meet with members of the BC Notaries Association, I’m inspired by their commitment to help people navigate through—what is arguably the most important financial transaction of their lives. After all, buying and selling real estate is increasingly complex and the stakes are high for their customers. That means Notaries contend with tight timelines, rapidly evolving technologies, shifting regulations, and increasingly higher customer expectations for transparency, speed, and accuracy. BC Notaries are truly on the frontline when it comes to facing the full range of emotions felt by their customers. Whether that’s joy, excitement, frustration, apprehension, or anger, Notaries must take it all in stride. As a result, they develop uniquely strong, meaningful connections with their customers. It is that special bond that makes BC Notaries so effective at helping their customers succeed. I make it a priority to spend time with Notaries to keep up to date on how they work. My team and I are inspired when we transform their insights into product and service enhancements that will truly improve their work lives and the lives of their customers. For instance, listening extensively to Notaries, we’re investing millions of dollars to bring our flagship product, Unity, to BC.

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Unity is the most comprehensive real estate conveyancing software available; it has been developed and will continue to evolve with the singular goal of making the dayto-day lives of legal support professionals, such as Notaries, better. Our recent investment of $500,000,000 to acquire Telus Financial Services will enable us to seamlessly integrate payout statements, discharges, bill payment, and funds movement into Unity.

...it’s critical to listen to the communities of legal professionals because it ensures we innovate in ways that matter most, and move forward together.

In essence, Unity keeps the Notary at the centre of the property buying and purchasing process. They become the ultimate facilitator, managing with ease the flood of sensitive and complex documents among all the relevant stakeholders. That translates into buyers and sellers who are fully informed and feel confident in the Notary—and the transaction itself.

Strategic partnering is something that is deeply rooted in how we operate at Dye & Durham. As I see it, working closely with the community is essential when it comes to helping Notaries address their most pressing challenges, such as • d ealing with the increasing complexity of transactions— while managing customers’ rapidly evolving expectations for work to be completed faster; • fi nding new and compelling services for their customers that comply with an ever-growing list of regulatory restrictions; and • fi nding ways to best present the profession so it sustains and builds on its strong reputation with colleagues, business partners, and customers. By working directly with BC Notaries, we’re helping to tackle all those challenges. By extension, we’re also fulfilling the everevolving needs of their customers, for example, BC residents buying and selling their homes—and supporting local communities in the process. At the same time, by helping legal professionals across Canada, we strengthen communities from coast to coast.

I believe it’s critical to listen to the communities of legal professionals because it ensures we innovate in ways that matter most, and move forward together.

It is an exciting time for the Notary profession. At Dye & Durham, we consider ourselves fortunate to be working in such a dynamic sector. Our commitment to community and service means we will continue to succeed and certainly aligns with my core values. s

In that same spirit, Dye & Durham has proudly reinforced our commitment to Notaries with a new partnership that helps ensure the financial stability of the BC Notaries Association.

For 20+ years, Andrew Putnam has optimized customer service, as Regional Account Manager at Teranet, National Sales Manager at DoProcess, and now as Vice President, Customer Success, Support and Growth at Dye & Durham.

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


ELDER LAW

Introducing the New “Practical Guide to Elder Abuse and Neglect Law in Canada”

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o you have a duty to report abuse and neglect of older people when you notice it in your client relationships? What if you see elder abuse in your community or you think another professional is taking advantage of an older person? Should you report those situations? If so, where do you report abuse?

Krista James

to Elder Abuse and Neglect Law in Canada to address the confusion about the law. In April 2021, we launched a new and improved version of the Practical Guide in the form of a searchable website with printable units. This article will review the central features of the new website and describe key aspects of BC’s elder abuse legal framework.

The Canadian Centre for Elder Law developed the Practical Guide Volume 31, Number 1, Spring /Summer 2022

• Adult protection legislation (if it exists in that jurisdiction) • Remedies available under family violence legislation • Rules related to abuse occurring in long-term care • Privacy law, confidentiality, solicitor client privilege, and their impact on elder abuse response

Elder abuse response is complex because the appropriate action depends on the older person’s unique circumstances, who is hurting the individual, and perhaps most important what the older person wants. Your obligations and options will depend on the location where the abuse occurred and the nature of your professional relationship with the older person. Consequently, elder abuse law and policy can be challenging to understand and apply. Options and obligations are spread out among various laws and policies; each province and territory in colonial Canada has come up with a unique mix of legislation to address elder abuse.

on relevant aspects of law and policy in each of the provinces and territories. Each module covers the following.

• Abuse and neglect reporting responsibilities unique to specific professional groups • Aspects of employment law, such as family violence leave provisions The modules review definitions of abuse and violence that form part of each statute to clarify the kinds of elder abuse or neglect, such as financial abuse, emotional abuse, or physical abuse, that point to options for response under each statute.

The New Website www.ccelderlaw.ca 1. Modules on the Law in Each Province and Territory The Practical Guide website contains a comprehensive module The Scrivener | www.bcnotaryassociation.ca

Each jurisdictional profile also summarizes all the various financial substitute decisionmakers in that province or territory, the powers and duties they have, and how to challenge their authority if they appear to be abusing an older person or their authority as substitute decision-maker. TABLE OF CONTENTS

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Comparing those sections may be particularly helpful to those of you who have clients whose lifestyle involves travel across borders. Terms like Power of Attorney can refer to legal instruments with differing kinds of authority and responsibilities in various parts of Canada. The modules also review critical aspects of policy, such as criminal prosecution policy and income assistance benefits available to older immigrants whose sponsors are abusing or neglecting them. Each unit also identifies key contact agencies, such as where an older person can find legal help or victim assistance. 2. F ederal Legislation The Practical Guide has information on federal laws that apply to elder abuse. A section on the criminal law discusses Criminal Code of Canada offences that could apply to instances of abuse and neglect. The section also discusses criminal protection orders (known as peace bonds or section 810 recognizances) and sentencing principles applicable to abuse and neglect. The federal laws section also discusses family class immigration and sponsorship breakdown and federal privacy laws that apply to abuse and neglect response by federally regulated sectors, such as banks. Each of the sections includes links to resources for further learning. When older Indigenous people are living on reserves, the rights and options for response can be different. The Practical Guide contains a section on rights on reserves that addresses protection orders available under the Family Homes on Reserves and Matrimonial Interests or Rights Act, and some other law and policy issues linked to supporting

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older Indigenous people who have experienced abuse or neglect. 3. Best Practices in Elder Abuse Response Even with a full understanding of law and policy, you may be uncertain of how to respond in an ethical and supportive way. The new Practical Guide addresses that challenge with the following two modules.

Even with a full understanding of law and policy, you may be uncertain of how to respond in an ethical and supportive way.

a) A module on “Lenses for Inclusive Practice” contains units on these subjects. • Trauma-informed practice • Cultural humility and safety • Age, disability, and dementiafriendly practices • Gender dynamic related to elder abuse • Sexual orientation and gender identity Each of those sections explains the approaches and how they can enhance your client and community work. They also link to critical resources developed by Myrna McCallum (Trauma-Informed Legal Practice Toolkit and podcast), the Provincial Health Services Authority (San’yas Indigenous Cultural Safety Training), the Alzheimer Society of Canada (Person Centred Language Guidelines), and others. b) T he Guide also includes 12 guiding principles for best practice, a general section BC Notaries Association

on “What is Elder Abuse and Neglect?” and a glossary of terms. Elder Abuse and BC Laws Although summaries of elder abuse law for BC tend to focus on the Adult Guardianship Act, a number of laws form part of BC’s elder abuse legal framework. Three Key Statutes • Adult Guardianship Act (Part 3) • Family Law Act (Part 9) • C ommunity Care and Assisted Living Act 1.) Adult Guardianship Act Like six other Canadian jurisdictions, BC has adult protection legislation. The adult protection provisions are found in Part 3 of BC’s Adult Guardianship Act. The Adult Guardianship Act does not create a duty to report abuse or neglect and its scope is not limited to abuse of older people. The Act mandates a number of agencies to respond to reports of abuse, neglect, and self-neglect of adults who are unable to seek support and assistance themselves due to restraint, disability, illness, or disease. The Act grants those agencies broad powers of response ranging from offering a tailored support and assistance plan to address health care needs; to entering the premises to forcibly remove the vulnerable person, take the individual to a safe place, and provide emergency care. The designated agencies in BC are currently • the five health authorities, • Providence Health Care, and • Community Living BC. The Adult Guardianship Act applies only to adults who cannot understand their situation or access help on their own because as a society we recognize that competent adults have a right Volume 31, Number 1, Spring /Summer 2022


to make their own choices, including living in risky situations. The Act defines abuse very broadly to include physical, sexual, financial, and emotional abuse. It also specifically includes “overmedication, withholding needed medication, censoring mail, invasion or denial of privacy, or denial of access to visitors.” Neglect is defined to include circumstances of self-neglect. 2.) Family Law Act The Part 9 of the Family Law Act allows the Court to grant a civil protection order if a person is experiencing family violence or is at risk of family violence. In the case of elder abuse, an order can be obtained against • a spouse or former spouse of the older person; • a person with whom the older person lives or previously lived, in a marriage-like relationship; or • a relative the older person lives with, including relatives of a spouse or former spouse. Family violence is defined very broadly. It includes stalking and “threats respecting other persons, pets, or property.” The Court’s powers are limited to granting protection orders. Possible terms of a protection order include these. • N o direct or in-direct communication with the older adult • S taying away from specific locations (not limited to the residence) • R estrictions on the possession of firearms of other weapons • R emoval of the abuser from the residence by a police officer • P olice accompaniment to collect belongings • Seizure of any weapons by police Volume 31, Number 1, Spring /Summer 2022

• A ny terms or conditions the Court considers necessary to protect the safety and security of the atrisk family member. A protection order generally

None of this means that inaction is OK. Elder abuse always requires a response; it does not always require a report... requires an application to the Court. A person experiencing family violence can apply for an order or someone can apply on the person’s behalf. A judge also has the discretion to make a family violence order in the context of any proceeding under the Family Law Act. As compared with the Adult Guardianship Act, the Court may intervene before violence has occurred, if it determines that violence is likely to occur. 3.) Community Care and Assisted Living Act The Community Care and Assisted Living Act governs long-term care and assisted living in BC. The law says that people living in long-term care and assisted living have a right to be protected from abuse and neglect. The Act requires operators of assisted living and long-term care facilities to respond to all incidents of abuse and neglect and to report to specific individuals. The Community Care and Assisted Living Act also contains new protections intended to guard against financial abuse or undue influence by assisted living facilities and their staff (see section 28.1). The operator of an assisted living facility or its agents The Scrivener | www.bcnotaryassociation.ca

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Seeking a Career as a British Columbia Notary Public?

There are business opportunities for Notaries in various communities throughout British Columbia.

Some of the Requisites for Becoming a BC Notary • Undergrad degree with a CGPA not less than 3.0 • Interest in the practice of law • Strong entrepreneurial spirit • Strong communication and people skills • Dedication to community and serving the public • High degree of honesty and integrity

For more information, please contact The Society of Notaries Public of BC 1-800-663-0343 or visit our website, www.snpbc.ca.

BC NOTARIES ARE RESPECTED IN THEIR COMMUNITIES.

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or employees cannot encourage residents to change their Will, give a gift, create a benefit, or act as their representative or attorney. A resident’s Will or Power of Attorney cannot give a benefit or gift to the operator of an assisted living facility or the operator’s relatives or friends, unless that person is a relative of the resident. Do You have a Duty to Respond to Elder Abuse? In December 2021, the BC Seniors Advocate released a systemic review of elder abuse and neglect. The report, "Hidden and Invisible," criticizes BC’s regime for response as being fragmented. It calls for a central, single point of contact for reporting elder abuse similar to what exists for child protection in BC. That approach would reflect a fundamental change in BC law. It is problematic because older people are entitled to both privacy and respect for their decisionmaking autonomy. Ageing does not dissolve those legal rights. In BC, instead of having a mandatory reporting requirement, we have various laws that create options for different kinds of response depending on the situation. Sometimes, for example, when we witness violence and an older person is at risk of immediate physical harm, we should call 911. Some situations call for a report to a designated agency under the Adult Guardianship Act. For example, if an older person living with advanced dementia is being neglected and the person cannot reach out for help, we should contact the relevant provincial health authority so they can assess the situation. An older woman experiencing spousal violence may appreciate support to get a civil protection order. Other times, such as when we can see an older man’s health BC Notaries Association

declining and he is afraid of a family member who yells at him frequently, the better approach might be to ask how he is doing, keep in regular touch, let him know about helpful agencies, and help him call the agencies when he is ready. Abuse robs a person of freedom. Best practices, which we cover in our Practical Guide, emphasize responses that do not further undermine autonomy. None of this means that inaction is OK. Elder abuse always requires a response; it does not always require a report, however. As citizens, we all need to find ways to respectfully offer support to older people who are being abused. The “It’s Not Right! Program” of the BC Association of Community Response Networks offers workshops to help British Columbians learn how to respond to abuse and neglect of vulnerable adults. BC law is complex but it provides you with many options; our Practical Guide to Elder Abuse and Neglect Law in Canada is there to help you decide what to do in different situations. To learn more about the Practical Guide to Elder Abuse and Neglect Law in Canada, you can listen to one of our upcoming webinars. Follow us on Twitter @ CCElderLaw or register for our newsletter to get updates with webinar registration information. www.bcli.org/ccel. The Practical Guide website was made possible by funding provided by the Department of Justice Canada Victims Fund, the BC Association of Community Response Networks, and Elder Abuse Prevention Ontario. s Krista James is a lawyer and National Director of the Canadian Centre for Elder Law. Volume 31, Number 1, Spring /Summer 2022


WORK POSITIONS

SIT/STAND? HOW TO TRANSITION

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Dr. Aleem Remtulla

ne great invention we’re seeing more often is the Sit/Stand Desk.

We all know that sitting for an entire work day can be bad for your health/posture; that is why the sit / stand desk was invented.

in one position for too long—sitting too much or standing too much. Therefore, changing positions often will be beneficial for the body.

More and more patients are telling us they’ve bought one for themselves since they’ve been working from home or that their office has installed those types of desks. Although it is great news that you may have a standing desk, it’s important to know how to use it. Gradually easing yourself into standing more often is the way to go—and not go from sitting all the time to standing too long. A common situation I’ve heard is patients get to work and stand for 3-hours straight before sitting for most of the day, then standing for 1 to 2 hours at the end of the day. If your body isn’t ready to make such a drastic change, that may cause other issues such as low-back, leg, or foot pain. The key to using a sit/stand desk is variability. The body likes movement and not being stuck Volume 31, Number 1, Spring /Summer 2022

Starting the first week with 15-minute intervals of standing every hour is the most reasonable way to begin. As your body gets used to the change, try increasing the amount of time you are standing. Eventually, the ideal scenario would have you sitting for 30 minutes, then standing for 30 minutes. Last, you can include some simple range-of-motion movements or stretching during the time you’re standing. Hope that information helps you manage the transition to your new desk!

A good way to start (if you’ve never used that type of desk before) is to stand for 15 mins after 45 to 60 minutes of sitting. It is important to get up and walk around or change positions every hour. The Scrivener | www.bcnotaryassociation.ca

If you are still having problems with pain and discomfort in your neck, shoulders, arms, or your lower back/hips, please seek the assistance of a professional to help with your postural issues, relieve stress on overworked joints and muscles, and teach you strategies to manage the day. s Dr. Aleem Remtulla, DC, and the FIH team are are located in Lonsdale Quay. www.foundationforintegratedhealth.com. TABLE OF CONTENTS

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ASSOCIATION OF BRITISH COLUMBIA LAND SURVEYORS

The Association of BC Land Surveyors

IS PROUD TO ANNOUNCE THE NEWEST COMMISSIONS

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1048 Marc Wallace Delta

1042 Nazanin Abdolghaderibookani North Vancouver

1046 Zeb Maloneye Fort St. John

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The Future of Land Surveying in British Columbia 76

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BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


Creative Adaptable Analytical Today’s successful real estate professional is committed to lifelong learning. UBC’s Continuing Professional Development Courses meet your needs. • Convenient online course format • Broad range of valuation and real estate business topics • Guaranteed Appraisal Institute of Canada’s Continuing Professional Development credits Business Development Series: Eight courses designed to provide practitioners with the entrepreneurial and practical skills to establish and successfully operate a real estate business.  Entrepreneurship and Small Business Development  Business Strategy: Managing a Profitable Real Estate Business  Succession Planning for Real Estate Professionals  Organizing and Financing a Real Estate Business  Accounting and Taxation Considerations for a Real Estate Business  Marketing and Technology Considerations for a Real Estate Business  Human Resources Management Considerations in Real Estate  Law and Ethical Considerations in Real Estate Business

To find out more, visit:

realestate.ubc.ca/CPD tel: 604.822.2227 / 1.877.775.7733 email: cpd@realestate.sauder.ubc.ca


PEOPLE

Ambur Braid

Filip de Sagher

Opera in Europe

BCLI Welcomes New Board Member

Wayne’s daughter Ambur Braid entertained at many Notary Conferences; she has just finished another opera in Europe to great acclaim . . . Irrelohe by Franz Schreker at Opéra de Lyon, about a cursed town and its inhabitants.

BC Notary Filip de Sagher was appointed by The Society of Notaries Public of British Columbia to the Board of the British Columbia Law Institute (BCLI). Filip practises as a Notary Public with Deprez & Associates in Vancouver, with a focus on residential real estate conveyancing.

Arne Tveit-Pettersen October 12, 1930, to August 27, 2021 Born in Norway, Arne had a lifelong passion for the outdoors and sports—ski jumping, cross-country skiing, marathon running, hiking, and better golf through technology! A successful Senior Olympian in Yuma Senior Games and an intelligent student, he made a lasting impression on his teachers and kept in touch with a favourite mentor for 80 years.

He earned a degree in property appraisal at UBC, became a real estate agent in West Vancouver, and a Notary in Gibson’s in 1977. Arne loved being a BC Notary.

In 1952, the adventurous Arne sailed to New York, cerebrating his 22nd birthday en route. He drove across the USA with a fellow Norwegian. From Seattle he took the ferry to Victoria with $15 in his pocket and roomed at the Y.M.C.A. for $7.50 a week. Due to his banking experience in Norway, he was hired by the Bank of Commerce for an Oak Bay posting.

Arne’s kindness was exceptional. His philosophical musings, intelligence, loyalty, and love of nature were enhanced by his wry humour and generosity. He inspired everyone to treasure friendship, laughter, love, and life. Arne had a full and wonderful life. When he passed, Joan was at his side with daughter Kari nearby.

He married Joan at Bonniebrook Lodge in 1984 and they ran Suncoast Agencies and Gibson’s Travel. In retirement they lived in Roberts Creek, Selma Park, and Sechelt.

Dennis Robert Loeppky

Joyce Grandison

March 1, 1939, to February 8, 2022

August 16, 1938, to March 21, 2022

Born in Herbert, Saskatchewan, Dennis passed at age 81. He is survived by his wife Lisa of over 50 years, 2 sons, his sister, and his beloved grandson. Dennis was always on the move and had many careers. He was a BC Notary Public, a Realtor, an appraiser, a home builder, and a developer. In the 1980s, Dennis considered a move to South Africa where he would have opened an ice factory business. His hallmarks were his outgoing, caring, and sometimes feisty nature. Many times while travelling or at home, he would strike up a conversation with a random stranger. He loved travel, reading, reading about travel, Rotary, golf, and telling stories.

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Joyce passed away at home in the loving care of Reg, her husband of 61 years. Joyce is also survived by a younger brother and 3 grandsons and was predeceased by son Stuart and two siblings. Commissioned as a BC Notary in 1972, she practised with the Associated Notaries and later with Glory Ewen, as Grandison & Ewen. Life-long friends, the two were successful business partners for 20 years. Joyce loved Christina Lake, ice skating, bocce, majorettes, and a good laugh. She enjoyed assisting others and was a great organizer for personal and professional events. Also a willing and thoughtful mentor, Joyce felt incredible gratitude for all, for their love and kindness and contributions that made her life so rich. Joyce tried to leave the world at least a little better than she found it—and that she did.

BC Notaries Association

Volume 31, Number 1, Spring /Summer 2022


When kids are your number one investment. What do your clients value most? It’s easy to ask if your client has a Will. Help clients use their Will to express their values and create a legacy investment in a healthier future for kids. Contact Hilary Beard at hbeard@bcchf.ca or learn more at bcchf.ca/legacy

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