The Scrivener - Winter 2021 - Volume 30 Number 3

Winter 2021 | Volume 30

Number 3

Published 3 Times a Year by the BC Notaries Association

30 years

Rob Cutler, Vice President of Business Innovation and Chief Product Officer with LTSA THEME:

BC Notaries

WHAT WE DO AND OUR PROFESSIONAL FRIENDS Publications Mail Agreement: 40010827

Creative Creative Adaptable Adaptable Analytical Analytical Today’s successful real estate professional is committed to lifelong learning.

Today’s successful real estate professional is committed to lifelong learning.

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

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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

COVER STORY

Theme

BC Notaries

What We Do and Our Professional Friends CEO, BCNA

Sharing 6 Chad Rintoul

KEYNOTE Camaraderie! 7 Val Wilson

Win Win Win Relationships

8

Daniel Boisvert

Trends in Estate Planning

9

Morrie Baillie

Conveyancing in BC

11

Rimpy Sadhra

On Being Professional

15

Nigel Atkin

Professional Relationships

16

Chuck Salmon

RI: Your Assurance of Excellence

18

Forging Connections

Rob Cutler, Vice President of Business Innovation and Chief Product Officer with LTSA

13

Brenda Southam

Editor’s 28

Creating Uniform Assessments and Trusted Property Information

THE NOTARY FOUNDATION

19

20

Jason Grant

Pieces of the Same Puzzle

23

Filip de Sagher

13,000 Conveyances To Date!

24

Patti Thomson

VIGNETTES Margot Rutherford Martin Kastelein Rosalyn Mow Senad Sijercic Cheryl Kwok Jerome Tsang Kate Roome Jason Zhang Mary-Ann Mustonen-Hinds Leda Kwichak

25 25 26 26 26 27 28 28 29 29

Investments 30

The Scrivener: What’s in a Name?

5

Services a BC Notary Can Provide

29, 59

BC NOTARIES 2022 CONFERENCE

31, 32, 33

ORIGINAL RECIPE

Braised Short Ribs

34

Laurie Salvador PROFILE OF A BC NOTARY

Notary Greg Litwin Comes from Great Genes!

35

EVELYN MOROZ Women’s Baseball Pioneer

36

Janine Guenther, CFA

4

TABLE OF CONTENTS

BC Notaries Association

Volume 30, Number 3, Winter 2021

THE MiX WILLS & ESTATES

The Disposition of Human Remains

Published by the BC Notaries Association

39

Trevor Todd

STRATA LAW

The Intersection between Elder Law and Strata Law

43

Elaine McCormack, Emily Sheard SENIORS

Are you a Senior?

47

Rhonda Latreille

Editor-in-Chief

Val Wilson

BCNA CEO

Chad Rintoul

Administrative Coordinator

Olivia Kuyvenhoven

Courier Lightspeed Courier & Logistics

BRITISH COLUMBIA LAW INSTITUTE

BCLI Updates the Undue Influence Recognition/Prevention Recommended Practices Guide Gregory G. Blue

49

LAND IN BC

Helpful New Resource for Retiring Farmers or Landowners Natasha van Bentum

51

Photographer

Wildman Photography

Production

fractal design inc. (fractal.ca)

The Scrivener

email:

scrivener@bcnotaryassociation.ca

website: www.bcnotaryassociation.ca

ADVANCE CARE

Advance Care Planning is for Everyone Are you Ready to Help?

53

Kathy Sheng

Letters 54 Richmond’s McKinney House from the Sears Roebuck Catalogue

55

Ron Hyde WILLS

Dispelling 5 Common Myths about Wills

57

Jason Howe

MEMORIES

Walk Down the Mountain

60

Bob Reid

Send photographs to scrivener@bcnotaryassociation.ca .

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.

TECHNOLOGY

Tech and Auto

67

Akash Sablok

PEOPLE 70

The Scrivener: What’s in a Name?

“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 to publish articles about points of law and the Notary profession for the education and enjoyment of our members, our allied professionals in business, and the public in British Columbia.

Volume 30, Number 3, Winter 2021

The Scrivener | www.bcnotaryassociation.ca

CANADA POST: PUBLICATIONS MAIL AGREEMENT No. 40010827 Postage Paid at Vancouver, BC RETURN UNDELIVERABLE CANADIAN ADDRESSES TO CIRCULATION DEPT. BC NOTARIES ASSOCIATION SUITE 201, 2453 BEACON AVENUE SIDNEY, BRITISH COLUMBIA V8L 1X7 WWW.BCNOTARYASSOCIATION.CA

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CEO, BC NOTARIES ASSOCIATION

T

he British Columbia Notaries Association is pleased to recognize our partner organizations in this edition of The Scrivener.

Like practising Notaries, the Association relies heavily on our relationships with allied professions for encouraging innovation, access to shared information, and partnerships.

Both The Society of Notaries Public and the BC Notaries Association participate in the Land Title and Survey Authority Stakeholders Advisory Committee.

That relationship ensures Notaries have a voice in the development of new products and services and opportunities to make improvements to existing LTSA services.

In recent months the BCNA has been consulting with the LTSA on the development of a Conveyancing Training program for notarial administrative staff. While the LTSA does not provide a dedicated training environment for new users, there are several videos available to help conveyancers understand the systems and required forms related to land title transactions, and we anticipate further dialogue on the possibility of the LTSA introducing a limited training environment for programs such as this BCNA initiative. The Conveyancing Training program undertaking has also seen opportunities for our industry

6

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Tracey Scott Photography

Sharing Chad Rintoul

sponsors to work in collaboration with the BCNA, with both ProSuite and Stewart Title adding curriculum for modules within the program.

members, sponsors, and exhibitors to our in-person Continuing Education Conference taking place at the Sheraton Wall Centre in Vancouver.

Information-sharing is another important opportunity among allied professions. The BCNA provides electronic circulars such as the Partners Update and Notice to Members that often utilizes statistical information on the real estate sector provided by the BC Real Estate Association.

We look forward to re-engaging as a professional community.

The BCNA will closely monitor and implement public health recommendations to ensure that the Conference is welcoming for fully vaccinated attendees.

The BCREA generates regular and comprehensive updates on real estate markets from across the province. The BCNA also participates on the Real Estate Stakeholders Networking group, which is informal and meets occasionally to discuss matters of mutual interest.

We also have unique relationships with organizations such as the Canadian Mortgage Brokers Association of BC, where we offer advertising between Associations on a reciprocal basis in our professional magazines.

In the event that a Provincial Health Order is implemented prohibiting a group meeting, the Continuing Education sessions will be revised to a virtual format.

While we welcome the arrival of the New Year, it is clear that challenges remain ahead. There will not be a return to a pre-pandemic style of meeting or conducting business anytime soon. We have learned from COVID and recent natural disasters in British Columbia that we need to be vigilant and plan for resiliency as we move forward.

These few examples of working together cooperatively across professions illustrates not only a benefit to the organizations, but also to all British Columbians who gain from the commitment of those professionals to further educate themselves and be better prepared to serve their clients.

Just as all professionals have made changes in the way we interact with clients in an effort to continue providing the best service possible while keeping the economy of BC moving forward, we need to be equally flexible when it comes to our understanding and support for one another, as individuals and as allied professions. We are all in this together! s

On February 25 to 27, 2022, the BCNA looks forward to welcoming

Respectfully, Chad Rintoul Chief Executive Officer

BC Notaries Association

Volume 30, Number 3, Winter 2021

www.wildmanphotography.com

KEYNOTE

Camaraderie!

Val Wilson Editor-in-Chief

T

he saying goes, “It’s not what you know—It’s who you know.” In the world of business, both are true!

If you have met or spoken with someone and perhaps exchanged personal preferences, when the time comes to do business together you have a feeling of closeness and even empathy for each other. That makes the work more pleasant.

Not a Notary myself, I was longago accepted as a member of the Notary family. I have been fortunate to be associated with the Notaries’ magazine since 1994 and Editor-inChief since 1997. That represents attendance at a great many professional Conferences held at various venues around the province.

The camaraderie at those events is outstanding . . .

Notaries, staff, and often family members often know each other or seek to meet. That is the nature of BC Notaries.

We are scheduled to hold our 2022 in-person Conference in Vancouver from February 25 to 27. If all goes well for large Volume 30, Number 3, Winter 2021

gatherings at that time, it will be great to be able to re-acquaint and visit together. I know we have missed each other. It would be an outstanding reunion.

The purpose of the Conference is Continuing Legal Education.

The social aspect is a bonus to the education agenda. Participants will delight in the extensive learning sessions, take meals together, and have fun. Pages 31 to 33 in this issue will show you the scope of the education program.

Attendance at the Notaries’ Conferences has always been impressive—with a high percentage of our total membership from all around the province. The attendees are, in a word, eager to learn . . . for the good of all concerned!

BC Notaries respect and appreciate the allied professionals with whom they do business on behalf of their mutual clients.

It is so much more satisfying to be happy in your work and cooperating with the other individuals involved in the process.

Our Spring Scrivener will tell the tale . . . was the 2022 BC Notaries Conference in-person or virtual?

The Scrivener | www.bcnotaryassociation.ca

Akash Sablok is back.

Please see his Tech/Auto article on page 67.

From page 35, Notary Greg Litwin tells his interesting life story.

Notaries all have stories.

If you would like to share yours, please contact scrivener@bcnotaryassociation.ca.

Our Scrivener readers always valued the regular submissions from UBC Law Professor Bob Reid. In this issue, on page 60, we are fortunate to have Bob’s permission to rerun his “Walk Down the Mountain” article—the compelling story of the horrific plane crash that he barely survived. In his teaching career following his recovery, Bob broadened the knowledge of a great many property law students, including BC Notaries.

~

The other day, a friend told me I look healthy, even although a medical-grade mask covered my face from cheekbones to chin.

The eyes have it? s Please enjoy this issue!

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PRESIDENT, BC NOTARIES ASSOCIATION

Win Win Win Relationships BEING A NOTARY PUBLIC IN BRITISH COLUMBIA HAS MANY REWARDS.

O

ne of the best rewards has definitely been forging so many positive relationships with other professionals and other organizations with whom BC Notaries work on a day-to-day basis.

When it comes to real estate transactions, there are some obvious partners. Real estate agents and mortgage brokers are two of the largest groups. The real estate agents put the contracts of purchase and sale together; the mortgage brokers make sure the financing is in order. At that point, they hand their work over to us and we begin preparing all the necessary documents together, at the same time providing the sound legal advice required to complete the transaction.

During the process, we also deal with insurance agents, strata-property management companies, title insurance agents, accountants, lawyers, and other professionals to ensure the deal closes on time, while ensuring the legal requirements of the contract have been met.

I have to say that I have made dozens and dozens of professional contacts and friendships with so many people—all the resources required to close even the simplest property transaction.

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Daniel Boisvert

A few specific examples over the years have led to excellent business relationships.

• BC Notaries prepare Wills and assist clients with certain aspects of their estate plans. Sometimes an estate plan ventures into an area in which I do not practise.

An example is the use of a Family Trust. Notaries do not currently prepare family trusts—fortunately, there are many great lawyers out there who do.

When it comes to real estate transactions, there are some obvious partners.

• I send many clients to a local lawyer for advice on family trusts; often, once the trust is completed, changes need to be made to the titles of a client’s real estate.

The lawyer then returns the clients to me, to handle the real estate changes to the family trust. That has been an excellent relationship for both the lawyer and for me and just one of the ways two professionals can work together to complement each other’s practice.

• I have had a similar relationship with a local land surveyor. Clients may come into my office to ask about assistance with a subdivision plan application they wish to make with the City. I refer them to my local land surveyor who assists BC Notaries Association

them to prepare the plan. Once the registration of the plan has been approved, the surveyor returns the clients to me for registration— again, two professionals working together to complement each other.

• Often, when we are asked to complete a sale of real estate for a person who is not a tax resident of Canada, specific procedures and holdbacks must be put in place as per the Income Tax Act of Canada.

It often means the clients need an accountant who can prepare the proper tax returns to receive a compliance certificate, which is designed to protect the buyers of a property from the seller’s tax liability.

I have been fortunate to generate great relationships with accounting specialists in that area and, in turn, they have sent conveyancing and Will-planning clients in my direction.

I am sure that all Notaries across the province have many more examples of relationships they have built over the years that complement each other.

The point of my article is that if you have questions about real estate or about Wills and estate/ family planning, direct your questions to one of your local Notaries. They can probably assist you but, if they cannot, chances are they have a great professional friendship with an individual who can take care of your needs. s Volume 30, Number 3, Winter 2021

VICE PRESIDENT, BC NOTARIES ASSOCIATION

Trends in Estate Planning

I

have noticed some new trends surfacing in estate planning. Over this past year, I have seen a subtle shift in the mindset of many clients.

They are re-examining their Personal Planning documents to assess whether they have appointed the best (or most appropriate) people in their legal documents. The four documents are Will, Power of Attorney, Representation Agreement, and the Advance Health Care Directive.

They are looking at their Power of Attorney and questioning whether they have the right person appointed as their attorney. Likewise, they are re-examining their Representation Agreement to see if their current representative’s views, beliefs, and values align with their own.

For example, recently I had parents return to my office to discuss the options of changing their Power of Attorney documents.

The idea of changes always trigger the question, “Why do you want to change the documents?” The clients were unsure about how much to share. Finally, the dad said that their son had always been a little farther “right” than they are.

His answer gave me the opportunity to ask, “What do you mean?”

Mom continued with the story, commenting that their son has gone Volume 30, Number 3, Winter 2021

Morrie Baillie

beyond where both parents feel comfortable; they no longer want to have him named as the alternate attorney in their Power of Attorney documents.

The pandemic has created such a polarizing effect—it is causing families to reflect and re-adjust their Personal Planning documents.

Dad added that their son has joined a cult-like organization and has become vocal against the pandemic and vaccination. Mom shares that the son “isn’t a bad person” but, in their world, he has crossed the line.

The pandemic has created such a polarizing effect—it is causing families to reflect and re-adjust their Personal Planning documents.

As always, I tell my clients that the documents I draft reflect their views at that moment in time . . . they are allowed to adjust and change their documents as time progresses.

I confirmed with my client that the change in their son’s worldview would justify an update of their documents . . . their documents must reflect their current values and wishes. They are also allowed The Scrivener | www.bcnotaryassociation.ca

to change their documents again in the future; the documents are not set in stone . . . they are fluid; we can change them as life goes on.

The polarizing ideas around the pandemic lead to questions about who can make decisions for you if you are not able to make them.

The clients in my example had not yet done a Representation Agreement. I explained that without one, the medical team would follow the statutory format for decisionmakers. In their case, if they could not make decisions for themselves, their situations would default equally to their daughter and their son.

That was shocking news to my clients; they were jolted to move forward with drafting Representation Agreements— appointing their daughter as their alternate representative, thereby limiting their son’s ability to interfere with the parents’ medical wishes.

As a reminder, a Representation Agreement legally appoints who can make health care and personal care decisions on your behalf.

I have seen seniors update their documents . . . and younger folks, too, because they don’t want their immediate family members stepping in to make essential personal and health care decisions.

A young woman in her late 20s was very clear that she did not want her parents or her sister making her health care decisions . . . because TABLE OF CONTENTS

9

of their radical views. The young woman said she wanted two very good long-time friends—more closely aligned with her values—to make health care choices on her behalf.

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BC Notaries Association

There are clear circles drawn around the various opinions circulating about COVID and people are identifying with the different ideas. The virus is creating the opportunity to re-examine who they want to support them if there is a medical crisis and to revisit, re-examine, and carefully select the best people to support them, if required.

Specifically with a Representation Agreement, I always say you want to choose someone who aligns with your values and beliefs—someone who aligns with your heart’s centre.

The trend of updating documents and adding missing documents to your Personal Planning portfolio is a significant movement. I feel it will continue well into 2022, as more people will look to BC Notaries to help draft and update their Personal Planning documents.

Representation Agreements will become more of a focus for people so they feel confident they have the right individuals in place to make health and personal care choices on their behalf. s Notary Morrie Baillie focuses exclusively on the realm of Personal Planning. One of the Statutory Examiners for the new Notaries (Personal Planning), Morrie is a committee member for the British Columbia Law Institute (Undue Influence Committee), and is Vice President of the BC Notary Association.

She has recently joined the dynamic team at Salvador Davis, serving Sidney and the surrounding areas on Vancouver Island.

Volume 30, Number 3, Winter 2021

A DIRECTOR, BC NOTARIES ASSOCIATION

Conveyancing in BC Rimpy Sadhra

B

C Notaries offer a variety of legal services including notarizations of various documents, preparation of Wills, Powers of Attorney and Representation Agreements, independent legal advice, and real estate conveyancing.

Conveyancing is the process of transferring the legal title of real property from one person to another. That transfer of interest is known by the majority of the public as buying and selling a property.

As trusted and well-trained legal professionals, BC Notaries have been extremely busy assisting the public during the past 18 months in buying, selling, and refinancing property. Notaries have managed to keep pace with the needs of the public while implementing new office procedures and protocols to adapt to new legislation and changing provincial health orders.

We have worked longer days with remote staff or no staff at all during the pandemic, while dealing with one of the hottest real estate markets!

Like you, we Notaries have not been able to see each other faceto-face to share a warm handshake,

Volume 30, Number 3, Winter 2021

a hug, a laugh, or even a few thoughts. I know we have missed being able to give comfort to each other, especially since we have all been going through the same challenges.

We have worked longer days with remote staff or no staff at all during the pandemic, while dealing with one of the hottest real estate markets!

BC Notaries have shown resilience and strength. For that, I want to personally commend my colleagues for stepping up to the plate and putting in those long days and countless hours.

Together, we have been able to meet the needs of the public in providing professional legal services, particularly residential conveyancing.

Each Notary runs his or her Notary business office independently and uniquely.

Notaries have a very handson approach to each file and transaction.

The Scrivener | www.bcnotaryassociation.ca

Like many other Notary practices, our office offers a variety of notarial services. We handle residential conveyancing for sales, purchases, refinances, private mortgages, leasehold properties, and family transfers.

Conveyancing is a big part of our practice. With multiple offices and Notaries, it is crucial that we maintain strong organization skills and communication between our Notaries and our staff. We continuously update our intake sheets, checklists, and digitalfile organization so we may easily access any file from any of our offices. That allows us to be on top of our files and readily available to assist our clients efficiently and effectively.

We make it a priority to have a Notary contact the client to have an initial conversation. Being available to coach and support our staff to deal with clients and manage files is an integral part of our work culture.

We connect with our clients at the earliest opportunity so we can set the expectations for the transaction. Spending a extra few minutes at the beginning of the transaction to explain the overall process goes a long way to ensuring a smooth transaction. That can be especially helpful to those who are new to the conveyancing process TABLE OF CONTENTS

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or who have not bought or sold property in a long time.

There are several important parties involved in a conveyance transaction and each party plays a key role in the process.

For sales and refinances, we must obtain a final mortgage payout statement (including any applicable pre-payment penalties) to determine the remaining balance owing to our clients.

For example, • realtors provide us the fully executed contract, addendums, and commission reports;

• buyers and/or sellers provide us with their personal information.

BC Notaries are always on their toes to use the most current versions of the documents for their clients to sign.

The Notaries are responsible for obtaining and confirming that the correct information is received.

That is the most crucial part of the entire process. We conduct our due diligence through searches and enquiries and confirm the details that have been gathered from the various parties.

Clients rely on Notaries for accuracy when preparing their legal documents. That is why it is helpful to have as many of the required details in hand as soon as possible from the parties involved.

There are several important parties involved in a conveyance transaction and each party plays a key role in the process.

Once all the mortgage and title legal documentation has been prepared, we meet with our clients to sign the paperwork. On the date of completion of the transfer of title or mortgage refinance, Notaries register those transactions at the Land Title Office and report to all the relevant parties in the transaction. We do that type of careful detailed work every day, all day!

• mortgage brokers and lenders provide us mortgage instructions and requirements; and

We rely on municipalities and strata companies to provide necessary details for all the required adjustments so we can finalize the numbers.

I recently passed my 10-year mark as a BC Notary Public.

I remember as a student talking about a “simple” conveyance.

I have not yet seen a “simple” conveyance but I have seen less-complicated conveyance transactions.

When calculating the final down payment required for a purchase, we must consider all the strata fees, tax adjustments, and provincial property transfer tax.

Buying and selling property is not simple; laws are revised, new processes are introduced often, and the legal forms used for webfiling are constantly being updated.

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BC Notaries Association

BC Notaries are always on their toes to use the most current versions of the documents for their clients to sign.

As legal professionals who handle a large percentage of the residential conveyancing work in BC, it is our job to be current with legislation. Notaries need to know all the information required so they may best inform, explain, and advise their clients in legal matters.

The learning in our industry is continuous. Well-trained staff members are essential to a Notary’s success. They help generate the confidence and trust of our clients.

A strong Notary Practice requires a strong team that can work together to assist in meeting the needs of clients.

New Course On that note, the BCNA is excited to introduce a new course for Notary staff, offered in early 2022— an introductory conveyance course for support staff. The course will be ideal for those who are looking to work as conveyancers or staff wanting to grow into that role.

The 5-day full-time course will be delivered through a combination of Zoom and face-to-face teaching.

It will focus on the administrative conveyancing process and provide the students with the basics of preparing conveyance files. I am personally excited to be a part of this new project and look forward to its success.

As a Director of the BCNA, I personally acknowledge and appreciate the hard work of my Notary colleagues over the last 18 months and look forward to seeing them in person at our annual Notary Conference in February 2022. s Rimpy Sadhra is a BC Notary with West Coast Notaries; they have offices in Vancouver, Burnaby, and Coquitlam.

Volume 30, Number 3, Winter 2021

COVER STORY

Forging Connections Rob Cutler

R

eflecting on my career with the Land Title and Survey Authority of British Columbia (LTSA), I’m reminded of the adage that “plans are useless, but planning is indispensable.”

I never planned to pursue a career in land administration but, for over a decade, I’ve been committed to achieving the LTSA’s vision of a real property market that is trusted and transparent.

The work has been immensely gratifying as is the opportunity now to make a greater customer impact in my current role as Vice President of Business Innovation and Chief Product Officer with LTSA.

What motivates me now, and always has, is connecting with people—including colleagues, customers, and friends. For me, business is not just about making transactions but about connecting with people to imagine new possibilities and build remarkable solutions.

I’m sure many BC Notaries can relate—the work we do isn’t just about completing a transaction or submitting an application; rather, it’s about the people involved, the advice we can offer, and how we can collaborate together with one another to make our work easier and more interesting.

You know, for many years I have been involved in choral We are continually listening singing, and one of the things to the feedback of customers I value most about singing and stakeholders through a number in a group is being involved in something bigger than just of initiatives including advisory myself—the collective musical I joined LTSA in 2008 committees, workshops, result is greater than what we as Vice President of Human and customer surveys. could each accomplish alone.

Resources, shortly after the I am not a soloist, nor am I a organization was created one-man show with the work as a statutory authority I do at LTSA; I am part of a by the Province in 2005. At the time, LTSA had team.

That sense of connection and collaboration a solid operating model but needed to evolve the with others is something I really appreciate, both in my business to achieve its mandate, meet government work and personal life. expectations, and ensure long-term sustainability.

What attracted me to the work was the ability to influence change in a business at the initial stages of digital transformation. Over the years that followed, we brought together an extraordinary group of people who have worked tirelessly to improve and modernize our systems and operations.

Volume 30, Number 3, Winter 2021

Collaboration with our customers and bringing different voices to the table is also of paramount importance to LTSA. We are continually listening to the feedback of customers and stakeholders through a number of initiatives including advisory committees, workshops, and customer surveys.

The Scrivener | www.bcnotaryassociation.ca

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Customer input can also occur when we introduce a new or changing product. Depending on the situation, it might occur at a number of points in the process; during ideation, through development, or before implementation. Feedback is critical for maintaining accountability, learning how we can improve, and for informing business priorities. As a customer-centric organization, collaboration with customers and stakeholders is fundamental to how we operate and essential for our continued success.

Through our collaboration with the industry, we know our customers are looking to LTSA to help make it easier for them to operate in the real property market. We are working in a couple of different ways to achieve this.

services in BC and have always done so with integrity and accountability.

We are continuously improving our systems with incremental changes through an iterative process, and striving to ensure that customer feedback is incorporated in each step.

• Second, we will grow our business in the public interest by developing new business opportunities and product innovations that solve problems for customers and society at large. We look to engage in opportunities that provide a public benefit and support government initiatives such as increasing the transparency and efficiency of the real estate market.

Whether improving our products or developing new ones, we’re always considering the overarching purpose for the change—what is the customer trying to do and how can we facilitate that?

At LTSA, we’re developing a different mindset on how we think about and develop our systems—instead of starting with LTSA’s objectives, we strive to start with our customers’ goals in mind, to build the process and product from there.

This approach means we’re now thinking beyond simply building functionality for customers to make a specific transaction or to fill in a particular form; we TABLE OF CONTENTS

Are they purchasing a house? Are they subdividing a property? Once we truly understand those goals, we can leverage our people and technology to develop products and services that provide easy and intuitive solutions for different customer segments, and present the functionality in a way that’s useful to the customer.

For example, both Notaries and land surveyors use LTSA’s systems in their work, but how and why they interact with us is very different.

As a result, the interface for our systems needs to be unique for each group so that every Notaries have an important role customer can easily and simply in providing essential legal complete his or her work.

• First, we are strengthening our core systems—the systems that real property practitioners and BC’s citizens have come to rely on for trusted information. Technology is everchanging and evolving, and initiatives such as Web Filing are one step toward streamlining our systems and increasing the efficiency, accuracy, and security of our electronic filing system.

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want to understand what activity or event is occurring for our customers that we can help facilitate.

Notaries have an important role in providing essential legal services in BC and have always done so with integrity and accountability.

Notaries are often relied on to facilitate LTSA transactions on behalf of property owners. At LTSA, we appreciate our working relationship with Notaries, which is built on open dialogue and working to find common solutions that benefit the public. We’ll continue to rely on Notaries to provide us with feedback about LTSA products that they use, and how we can continually improve the process to make real estate transfers efficient, accurate, and secure.

In the future, I see LTSA expanding to provide new information products and services that offer unique value to our customers. Much like a realtor who connects property buyers and sellers, LTSA has the opportunity to connect different parts of the industry by building land-based information products to give everyone easier access to data and services.

We can offer insights and information for our customers that increase transparency and trust in the marketplace. We want to support the entire real estate value chain and provide customers with an increasingly better experience.

There are many chapters still left to be written in LTSA’s journey and I’m excited about what the future has in store. I’m looking forward to working with Notaries and others in our industry to position British Columbia as a global leader in land registration and an innovator in our field. s Rob Cutler is Vice President of Business Innovation and Chief Product Officer with LTSA

BC Notaries Association

Volume 30, Number 3, Winter 2021

BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

On Being Professional Nigel Atkin

T

hese are times when professionalism comes to the fore, when professionals reinforce their well-deserved personal status— the respect and admiration they’ve earned over time in the grateful witness of society and their peers.

“heroes” . . . such as the young gods who showed up dangling from above.

critical thinking and teamwork and hone their ability to consume and communicate ideas effectively.

But the professional firstresponders who did the rescuing by air or boat or truck were just doing the job they loved and were trained for, as were countless of other thousands of unknown individuals working their respective shifts—or just plain volunteering through the night, heroic in some instances.

A commonly accepted definition of a profession is defined by eight attributes.

British Columbia has suffered one of its most devastating years in living memory. The individuals and communities who have suffered a menu of grief this year know firsthand some of those professionals who have stepped forth to help them personally and collectively survive, get through, and build back.

Many doctors and nurses with a history of exemplary service in these COVID times have rejected the “hero” designation for the above-and-beyond hard work they are continuing to do in these extraordinary times.

Depending on who you are and where you reside, the list of intertwined traumatic events causing injury, death, and destruction seems almost never-ending.

The commonality is the professionals who did their job. The swift water-rescue technicians, the chopper pilots, the mayors, chiefs, councils, and administrators . . . the health care workers, paramedics and ambulance drivers, our first responders, the hundreds of drivers who “kept on truckin,’ ” and so many more individuals.

Many people swept up in highway landslides or forced to evacuate their water-swept homes were rescued by their personal Volume 30, Number 3, Winter 2021

Numerous personal qualities and behaviours in many jobs demonstrate effective performance and commitment. Professional presence, an individual’s confidence, dependability and responsibility, ethics and honesty, even appearance, often state professionalism, as well as what they study and do.

Professionals in all walks of life are recognized for their skill, good judgment, and being reliable.

Professionals pay attention to the details of their work, indeed every aspect of their job.

Professionalism comes from training, a positive attitude, and life-and-subject-matter experience.

Beyond competence and wellstudied skills, professionals practice The Scrivener | www.bcnotaryassociation.ca

1. Lengthy and predominantly intellectual education 2. Socially important and necessary service 3. Social elite 4. Creativity required and rewarded 5. Intrinsically rewarding 6. Responsibilities exceed the bounds of business 7. Formal recognition 8. Self-regulating BC Notaries are like-minded, well-trained, and disciplined individuals who uphold ethical standards and who hold themselves apart through their unique service.

They are well-accepted by the public for their specific legal knowledge in noncontentious areas of the law. They base their professional services on the highest levels of research, education, and training . . . to serve the greater good. s

Nigel Atkin teaches the Evolution of Public Relations course online at UVic. He offers onsite communication workshops to leverage human capital and exploit the multiplier effect of becoming better communicators.

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BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

Professional Relationships

A

Chuck Salmon

harmonious relationship has developed between the Association of BC Land Surveyors (ABCLS) and the BC Notaries over the past many years. The Associations have common ground in dealing with the public relating to the development of land and the real estate profession.

Through the relationship with the LTSA, the professions have been asked to work closely with the CEO and staff to implement change and provide guidance on future projects, all of which will benefit the professions in time. It was great to participate in those projects sharing common interests and providing useful direction.

As professionals it is our primary goal to ensure we provide the public with trusted advice for developing land and the purchase and sale of a house and strata property.

Other areas where that important relationship will benefit professionals is through professional development.

The founding of the Land Title and Survey Authority (LTSA) in 2005 introduced a positive step forward in all matters relating to property ownership in BC. The structure of the LTSA included a Board of Directors along with the LTSA Advisory Committee.

The ABCLS provides recommendations for two people to be appointed to the LTSA Board of Directors and appoints a person to sit on the LTSA Advisory Committee. The BC Notaries Association also has an appointment to the LTSA Advisory Committee. Those positions at the LTSA provide an excellent opportunity for the professional bodies to provide input and to work closely together on all items relating to the LTSA.

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Other areas where that important relationship will benefit professionals is through professional development. I know that recently a land surveyor provided a valuable learning experience for BC Notaries on the role of a BC land surveyor. In the past I have conducted a number of seminars for other professionals.

The seminars were all well-received and provided valuable learning experiences for professionals dealing with property ownership.

The participants included the British Columbia Real Estate Association (BCREA); the Appraisal BC Notaries Association

Institute of Canada, BC Division; and local Real Estate Boards. The seminars I undertook were mostly dealing with water boundaries, a very complex subject. I also took part in a seminar with Notaries, lawyers, and title insurance folks about the use of title insurance, including the hazards of not including a survey.

The session I did with the Appraisal Institute about water boundaries became very lively when we started talking about the differences between title boundary and present natural boundary.

A very significant difference exists in some areas of the province where water boundaries continuously move.

Those communication experiences not only increase knowledge, they develop relationships with other professionals. A follow-up from that session kept me in touch with a few of the participants for many years thereafter, discussing ongoing professional issues.

In BC, most property transfers are reasonably straightforward but there can be one transfer that is messy and complicated based on uncertain boundaries. It could be very useful to have a local land surveyor available to provide advice on the area in question and the complications that might be lurking in that particular area.

Volume 30, Number 3, Winter 2021

Land surveyors are fully aware of those trouble spots in the areas in which they operate.

Participating in ongoing meetings, such as annual general meetings and gala events, provides an understanding of issues facing each profession. They also serve to develop good will and friendships with other professionals, fostering a working relationship to improve our dealings with our clients.

I like to think that the younger generation is leading the profession in a positive direction.

I attended many BC Notaries functions in the past, developing friendships with many Notaries.

The functions provided an opportunity to better understand the role of the Notary and how land surveyors can assist Notaries.

In retirement now, I look back on my amazing career as a British Columbia land surveyor.

The friendships and professional relationships are still very active.

I like to keep in touch with the people but have moved on from actively being involved in the professional side.

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Your legacy could be her childhood “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

I like to think that the younger generation is leading the profession in a positive direction. Professions change over time as philosophy and technology change.

It is great to see that both professions are flourishing and providing the people of BC with excellent service. s Chuck Salmon, BCLS, LM, was Surveyor General of British Columbia from 1996 to 2002 and Secretary of the ABCLS from 2002 to 2016, elected to Life Membership (LM) in 2012.

Volume 30, Number 3, Winter 2021

829 Cam Vancou British Canada

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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/

The Scrivener | www.bcnotaryassociation.ca

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BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

RI: Your Assurance of Excellence Brenda Southam

I

n the late 1990s, I began working in a not-forprofit organization in Saskatchewan—I really enjoyed the work. In the 20 years since, I have been an association executive.

When I realized I was destined for the not-for-profit world, I continued educating myself—I earned a Certificate in Business Administration from the University of Saskatchewan and the Certified Association Executive (CAE) designation from the Canadian Society of Association Executives.

Tom passed away a number of years ago and his son TJ took the reins of the company. TJ trains governance; I have had the opportunity to train with him and it was a great experience!

At an RI event, you can usually meet every person you require to complete a real estate deal.

As I began to understand the governance of not-forprofits more thoroughly, I worked with a mentor, Tom Abbott Sr., owner of AMC – Association Management Consulting. Also a CAE, Tom envisioned a world with a different type of governance—one where the Board and the CEO work side-by-side, not in a hierarchy. Of course we all know the CEO reports to the Board but, if those professionals work side-by-side, they create the best possible organization. When governed well, it is a good organization. You can see it . . .

Back when I started at REIBC, I thought I knew what real estate was all about . . . I knew many realtors. There are, however, so many different professions within that realm.

I have been the EO of the Real Estate Institute of BC (REIBC) since 2007 and enjoy every moment of it. I work with a group of people who are professional and hold the highest degree of integrity—I am grateful for that each day. The membership of the REIBC is comprised of real estate professionals from all areas of real estate . . . they are appraisers, analysts, Notaries, lawyers, developers, property managers, and property negotiators, to name just a few.

My career here at the Institute has been very rewarding. The diverse professionals all do something a little different, It’s a great education for me and, after almost 15 years, I am still learning what they all do.

They teach me every day . . .

• in the way things are done,

• what it is to be positive,

• in what is projected to the public, and

• to be all-in on something, and

• in the relationship between the Board and the CEO.

• to have passion about what they do.

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BC Notaries Association

Volume 30, Number 3, Winter 2021

BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS REIBC members may interact with BC Notaries on a daily basis. Not every Notary knows an RI, although those who do have an instant connection. I hear many stories about how an RI needed a Notary and looked up a fellow RI (who is a Notary) and the two were instantly able to help prepare the legal documents for a property conveyance.

The advantages of the strong connections among RIs are Many real estate professionals unmistakable. will need the expertise of a BC

REIBC awards the RI designation to those professionals who have completed certain in-depth property education and who have specific experience in the real estate business. The RI designation indicates that the person holding the designation is educated, experienced, and connected.

At an RI event, you can usually meet every person you require to complete a real estate deal.

Over 700 REIBC members carry the RI designation throughout the province and we have a few members in other provinces.

Notary at some time; it is highly beneficial to both parties if the Notary is also an RI.

REIBC works to let the industry know that hiring an RI means you are gaining a professional person who is knowledgeable and who has specific real estate education. The RI designation is the mark of excellence for people hiring a real estate professional.

Many real estate professionals will need the expertise of a BC Notary at some time; it is highly beneficial to both parties if the Notary is also an RI. BC Notaries are a Trusted Tradition; RIs are your assurance of excellence.

Between the two, the clients are getting the best service they can receive! s Brenda Southam is the EO of REIBC.

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 30, Number 3, Winter 2021

The Scrivener | www.bcnotaryassociation.ca

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BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

Creating Uniform Assessments and Trusted Property Information Jason Grant, President and Chief Executive Officer of BC Assessment since 2017, has spent his entire career analyzing and determining British Columbia property assessments over the past 30 years.

Jason Grant

Jason has also been an active member of the Real Estate Institute of BC (REIBC) since 1994, having served on the Board of Directors as well as being elected President from 2014-2015. It is through his association with REIBC that Jason has gained an appreciation for the important work of BC Notaries.

As an Accredited Appraiser with the Appraisal Institute of Canada (AACI), Jason first joined BC Assessment in 1991. Over the years, he moved into various leadership roles including Greater Vancouver Assessor and then Vice President of Assessment with the responsibility for overseeing the province’s assessments for over 2 million properties with a combined value of more than $2 trillion. That has provided him an extensive amount of experience with complex appraisal and related legal matters.

During the 1990s, the shifts in BC’s real estate market were relatively uneventful.

By 2004, Jason became the Greater Vancouver Assessor, just as property values began to skyrocket—and have continued to do so almost every year since.

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“For years, BC Assessment had delivered our annual assessment notices within a mostly stable market of gradual ups and downs, and then in the 2000s, percentage increases suddenly started going up in the double-digits each year,” explains Grant. “In places such as Vancouver, homes were rapidly growing in value, reflecting the very hot real estate market that has never really slowed down.”

“When the pandemic hit in 2020, we initially did not know what to expect with the impact on the market,” “When the pandemic hit in 2020, we initially did not know what to expect with the impact on the market,” adds Grant. “But, it quickly became apparent that there was not only a heighted demand among homebuyers during COVID-19, but also that demand was everywhere across the province in communities of every size. As we do with each year, we carefully analyzed all BC Notaries Association

our market data and determined property values to be uniformly up in most areas of BC.” First founded in 1974 and governed by a Board of Directors appointed by the provincial government, BC Assessment is a Crown corporation that serves as BC’s trusted provider of property assessments. It collects, monitors, and analyzes data throughout the year and provides property assessments as per the Assessment Act for over 2 million properties across the province.

“Our vision is to be a dynamic and reliable assessment-services provider that supports strong and vibrant communities in BC,” states Grant. “For everything from schools and hospitals to public safety and transportation to libraries and parks and rec centres , our assessments provide the foundation of funding for the important local services that we all rely on every day.”

BC Assessment independently and uniformly determines all property assessments based on their market values as of July 1 each year. By early January, those assessments are delivered to Volume 30, Number 3, Winter 2021

BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS each property owner as well as to local governments and other taxing authorities to determine the equitable distribution of property taxes.

“The most common question that I get is whether increasing assessments equate to an increase in property taxes,” says Grant. “It is important to understand that changes in property assessments do not automatically translate into a corresponding change in property taxes.

“How your assessment changes relative to the average change in your community is what may affect your property taxes. If your assessment goes up 10 per cent, but the average increase for your community was 15 per cent, then you are actually more likely to see a reduction in your taxes because the taxation distribution will be higher for those above the average, and lower for those below the average.”

To assist property owners with that calculation, annual assessment notices provide the percentage change for both their property as well as the average change for all properties within their community, typically being the local municipality.

What can British Columbians expect when they receive their 2022 assessment notices?

First, Grant states that he has been extremely impressed with the dedication and commitment of the nearly 750 BC Assessment employees across BC who rapidly adjusted to the COVID-19 pandemic and—through innovation, agility, and expertise—have managed to deliver two annual assessment rolls in back-to-back challenging years.

Volume 30, Number 3, Winter 2021

“Early in 2020, we quickly overcame all the obstacles we were up against, to maintain uninterrupted operations during COVID,” recalls Grant. “I put the

Consistent with past years, only about 1 per cent of BC property owners appealed their 2021 assessments, reinforcing a high level of confidence among British Columbians.

challenge to our people and they responded resoundingly that we can find a way to get this done; they did so with the same BC Assessment reliability and accuracy that British Columbians have always depended upon.”

Consistent with past years, only about 1 per cent of BC property owners appealed their 2021 assessments, reinforcing a high level of confidence among British Columbians.

What can British Columbians expect when they receive their 2022 assessment notices?

For 2022 property assessments, based on the July 1, 2021, valuation date, the characteristically active residential The Scrivener | www.bcnotaryassociation.ca

real estate market of 2021 will be reflected in the continued upward movement of property values throughout the province when 2022 Assessment Notices arrive in January.

“Most homeowners, regardless of where they live in BC, can expect to see the strong 2021 real estate market reflected in their 2022 assessments,” reports Grant, “the general rule being that your home assessment will be up noticeably in value, which reinforces just how resilient our province’s real estate is and continues to be.”

Commercial properties are somewhat more complex with various sectors adjusting differently, depending on the lingering impacts of the pandemic and pace of economic recovery.

“Similar to homes, most commercial and industrial properties can also expect notable increases, with some exceptions such as office buildings.”

In all, the Assessment Act includes nine property classifications, all of which BC Assessment must carefully monitor, analyze, and evaluate.

That property information is valued and shared with a variety of partners and customers including governments, Indigenous communities, university researchers, realtors, bankers, lawyers, title search companies, and BC Notaries.

“At BC Assessment, we value properties but we also greatly value our relationships,” states Grant.

“We embrace partnerships and we are committed to continuous improvement in how we can best serve the needs of British Columbians.”

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The Turtle Valley Donkey Refuge provides a permanent home for over 100 Donkeys who are between the ages of 20 and 30 years.

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.

OUR MISSION STATEMENT To Provide a Safe, Secure, and Permanent Home for abused, neglected, and unwanted Donkeys.

BCAssessment.ca provides self-service access to a free, online property-assessment search service that allows anyone to search, check, and compare 2022 property assessments for anywhere in the province.

Turtle Valley Donkey Refuge Society 7877 Skimikin Road Chase, BC V0E-1M1

250-679-2778 donkeyrefuge@gmail.com

Donations gratefully accepted.

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Tax Receipts Provided

In that vein, BC Assessment believes strongly in transparency with all its property assessments easily accessible and searchable at bcassessment.ca.

“I welcome all BC Notaries and all interested British Columbians to visit our website in January to search and compare the 2022 assessments for the province’s 2 million properties,” concludes Grant.

BCAssessment.ca provides self-service access to a free, online property-assessment search service that allows anyone to search, check, and compare 2022 property assessments for anywhere in the province.

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 you can leave a gift in your Will.

Charitable Number: 11881 9036 RR0001

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Caitlin Fysh cfysh@spca.bc.ca 1.855.622.7722 ext. 6059

foreverguardian.ca

BC Notaries Association

Additional property-search features can be unlocked by simply registering for a free BC Assessment custom account to check a property’s 10-year value history, store/access favourites, create comparisons, and monitor neighbourhood sales and the use of an interactive map. s Volume 30, Number 3, Winter 2021

BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

Pieces of the Same Puzzle “All for one and one for all .”

- The Three Musketeers Alexandre Dumas

I

f a puzzle is a contrivance designed to test our knowledge and ingenuity, it certainly is one of the better definitions of a real estate transaction. Frustration and suspense can hover over each puzzle piece as it is fit into place—or the attempt thereto—and feelings of exhaustion, relief, and satisfaction all accompany the end result.

I exaggerate not. As a spider fashioning a web, the Notary Public requests and receives bits and pieces of information and starts creating a file with many documents that will ultimately lead to a sale or a purchase of a property. Far from just opening a box with pieces and a picture at the ready, the Notary Public has to rely on many partners to hand over essential information and, on his or her own ingenuity, to achieve the result desired by the client and dictated by the Contract for Purchase and Sale.

Volume 30, Number 3, Winter 2021

The stakeholders are many and varying and have their own goals to meet. A piece of the puzzle might not arrive on time or might be the wrong shape, with potentially costly consequences. And don’t forget the clock is always ticking; by the completion date, the web must be complete, the file finalized, the property transferred.

Puzzle-makers have to fit pieces together in compliance with everincreasing rules and regulations . . . and the pieces themselves have multiplied over time, making conveyancing more challenging.

The Scrivener | www.bcnotaryassociation.ca

Filip de Sagher

Not only has the cost of not finishing the puzzle in a satisfactory manner become prohibitive, the cost of making the puzzle itself has escalated, both financially and mentally. The stakes have increased.

It only underlines that collaboration with our stakeholders is a sine qua non. Working together as a team—where Together Each Achieves More—is more than ever a crucial feature of the puzzle. Each piece represents a partner who is involved, with whom we communicate and who is key to our success.

Have I, then, exaggerated when describing the feelings generated by the trip taken and the destination reached, the work done, and the result achieved? It is a “feel-good” moment for Notary, client, and stakeholders when the puzzle is complete. The team can celebrate and then it is onward and upward to the next one! s Filip de Sagher is a BC Notary practising at Deprez & Associates in Vancouver.

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BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

13,000 Conveyances To Date!

Patti Thomson with Eddy: He’s “a tad Bronky.”

A

s a Notary Public, I’d have to say my favourite part of the job is closing real estate deals. My favourites are with first-time buyers—It’s so rewarding to be part of such an exciting time with people.

At this stage of my career, I am seeing my clients’ children buying houses, so in many cases I know the family of the buyers.

I have a good relationship with most of the realtors with whom I work. I’m always very glad when the clients choose to work with a realtor; I believe the realtor is an integral part of the chain of events.

They do a lot of the groundwork.

Many of our local realtors were born and raised here in the Cowichan Valley and have been in business for so long, they have probably sold the same house

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many times. I enjoy my work with all the firms. We have more than just a working relationship; we have a friendship that has been built over years. In the Summertime, one of the realtors takes his flatbed and his grandchildren to my home to help me do the hay for my horses.

When I first started out as a BC Notary in Vancouver on Broadway, I didn’t have any clients. One of my marketing techniques was to check the newspaper for houses for sale, search the title, and send a nice letter saying I was a new Notary looking for clients.

I used to like to boast I was Notary to the loggers but I have also become Notary to judges, lawyers, realtors, and mortgage brokers.

It’s a nice feeling to be trusted by other professionals for their real estate deals.

I promoted myself as very flexible with appointments available after regular business hours. When I closed a sale, I would inevitably BC Notaries Association

Crumpet: The more sensible older sister

be asked to do the work on their purchase.

Here in Lake Cowichan, my marketing technique was very different . . . yes, I did ride my horse to the local bar and buy the house a round. Notary Bob Lewis helped me get settled in the community and introduced me to several of his contacts. The community was not sure about me at first but, over time, they supported me and my business. I have just completed my 13,000th conveyance here.

I found it very helpful to build friendships with many of the lawyers in the Valley . . . they are allies of mine. If my client requires a service I am not able to provide as a Notary, I can always find the right person for the legal job; I believe everyone appreciates that.

I have also kept my friendships with old bosses from Vancouver law firms . . . people that I have always admired and respected.

I used to like to boast I was Notary to the loggers but I have also become Notary to judges, lawyers, realtors, and mortgage brokers. It’s a nice feeling to be trusted by other professionals for their real estate deals. s Notary Patti Thomson practises in Lake Cowichan.

Volume 30, Number 3, Winter 2021

BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

Margot Rutherford

I am a proud BC Notary in practice for over 40 years.

I generally keep very busy. Over the years I have had great rapport with other Notaries Public, lawyers, and my allied professionals.

During my extensive real estate conveyancing practice, I have come to appreciate a good working relationship with my local BC Land Surveyors. It is sometimes impossible to read the original meets-and-bounds for subdivisions because that plan might not be to scale. I have happily forwarded my title search to my favourite surveyor who has taken the original subdivision plan (prior to the meetsand-bounds subdivision) and outlined the purchased property, known as “Parcel A of Lot 3 . . . Plan X. I thank Ian Zaharko and Ross Glover for being my helpersurveyors over the years; Sandy Grant is my current go-to man now that Ian and Ross have retired. s Notary Margot Rutherford practises in Courtenay, BC. Volume 30, Number 3, Winter 2021

A Notary for over 34 years, I most enjoy the assignments that involve helping clients deal with significant life events.

Martin One of my Kastelein favourite types of files is assisting clients in buying or selling their homes, rental properties, or vacation properties.

I find it rewarding to use my experience and eye for detail to help people with what is, in many cases, one of the most significant financial transactions they will make in their lives.

As a BC Notary, I also prepare Wills and related Personal Planning documents such as Enduring Powers of Attorney, Representation Agreements, and Advance Health Directives.

Those services allow me to help clients plan for the “what ifs” they do not normally think about in their day-to-day lives.

The Scrivener | www.bcnotaryassociation.ca

They include both financial considerations and dealing with appointing guardians if a client has minor children. It’s gratifying to assist clients to ensure their loved ones are looked after.

I have had the pleasure of working with a wide range of professionals over the years, including a great many realtors.

On one memorable occasion, we were pleased to be able to assist a realtor who was concerned about whether the Enduring Power of Attorney (“EPOA”) that his seller’s daughter planned to use for the sale of a home could be used.

The EPOA was unusual as it was a single document in which both parents had jointly given Power of Attorney to their daughter.

Her father, however, had since passed. After reviewing the document, I was able to reassure the realtor that the EPOA was still valid—and the sale was completed as planned. s Notary Martin Kastelein practises in New Westminster, BC. TABLE OF CONTENTS

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I enjoy providing Personal Planning services to my clients as it is a nice break from the conveyancing deadlines.

Interviewing clients gives me great insight into their lives; I can relate and gain knowledge from many things we discuss.

Rosalyn Mow

Having realtors involved can smooth the process of closing a real estate transaction. Beside negotiating the best deal for clients, they help guide clients from the very beginning to ensure they are aware of what to expect.

Working alongside our professional friends ensures that clients have the necessary guidance and support during the largest financial transactions of their lives.

It is great to work together as a team! s Notary Rosalyn Mow practises in Vancouver.

I love being part of the excitement my clients feel when buying or selling a home, especially if they are buying for the first time or Senad Sijercic as the last step toward their retirement plan.

Those are often special moments for most people. I feel so privileged to be able to assist them through the process. While it’s exciting, I know it can put big stress on them as well. Therefore, I strive to provide efficient services and constant communication throughout.

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BC Notaries Association

I know I am not working alone to make those transactions possible. By the time a client comes to my office, he or she has seen many other professionals who have all played an important role in closing the deal, whether they are mortgage brokers, realtors, or other legal professionals and land title specialists. I enjoy the feeling of working together with those professionals to make my clients’ goals possible.

My practice in Armstrong serves the surrounding areas, which is why this sense of community is particularly important to me.

I have close working relationships with the local accounting firm of J. Armstrong Shapter Inc. and the mortgage brokers at Monument Mortgages in Vernon. I think it is important to build relationships with others providing similar legal services as well, such as our local law firms of Culos & Company, WilCo & Co, and North Valley Law. Whenever I need to seek advice or extra help to better serve my clients, I first turn to those professionals and the many others in my community. I have practised in Armstrong for nearly 20 years and I would be nowhere near as successful without the support and teamwork that comes from working alongside others to benefit my clients. s Notary Senad Sijercic practises in Armstrong, BC.

A Notary firm that focuses on real estate conveyancing frequently works with mortgage brokers and relies on them to provide Cheryl Kwok correct mortgage instructions in a timely manner to complete the transactions.

Volume 30, Number 3, Winter 2021

It is serendipitous that Win Lui and I are now working together.

We first spoke on the phone in 2007, when we worked for other companies. After establishing our own firms (Cheryl Kwok Notary in 2016 and The Win Lui Group at Clear Trust Mortgages in 2011), we actually met and started working together for the benefit of our clients. Many realtors enjoy working with us; we have the reputation as a powerhouse duo, able to complete rushed deals and salvage unlikely ones.

In one instance, a realtor reached out late the night prior to completion regarding an overseas client with Permanent Resident Status in Canada, but lacking a Social Insurance letter. The client had just been advised by his acting lawyer that he must pay the additional transfer tax for foreign buyers.

The extra cost was a surprise; the client did not have sufficient funds readily available and was unable to negotiate for an extension. The only option for the client was to obtain extra financing. After making several calls, Win was able to quickly source a lender after midnight. The next hurdle was for me to draft mortgage security documents in the middle of the night. We got everything done within the tight timeline and the transaction was completed as scheduled.

Many who have worked with us agree we work well together as a team and share a similar mindset and work ethic. I was the recipient of the Dr. Bernard W. Hoeter Award in 2016; Win and his team are ranked one of the Top 10 Mortgage Producers in Canada, year after year.

Volume 30, Number 3, Winter 2021

We are great friends outside of work, sharing many similar hobbies including a love of cars, sports, and karaoke. s BC Notary Cheryl Kwok practises in Richmond.

Jerome Tsang

I always find it amusing to hear people say that all Notaries do is stamp and sign documents.

That’s like saying all doctors only prescribe pills for their patients.

I can certainly appreciate that common misconception about Notaries because it is what our clients see when they have their documents notarized. or have their Wills or Powers of Attorney signed and sealed.

Similarly, I often have clients calling our office to say they have just sold their home and want to come here to sign the documents tomorrow. In reality, it takes more than a day to complete a conveyance. There are many professionals involved: Notaries, realtors, banks, insurance companies, the strata, title insurance, surveyors, and perhaps other legal practitioners. With a tight timeline, conveyancing can turn into a daunting task.

Having said that, it is also the most exciting part of my job as a BC Notary. Handling a conveyancing file involves many skills in addition to knowledge of the law about property matters. It involves, communication, conflict-resolution, decision-making, problemsolving, and time-management.

Another extremely important skill that a Notary must have is the ability to collaborate with other professionals.

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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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 Spring 2022

HR Perspective and Business Management The Elements of Running a Successful Business Today • Businessowners and Industry Professionals discuss Human Resources Management including hiring, retaining, and developing professional staff.

• Business Management Professionals present various work models and technology and marketing and branding strategies for your business.

Article Deadline March 15, 2022 Advertising Deadline March 15, 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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Example: A mortgage broker called to ask me to complete an urgent refinance for his client.

At the 11th hour, the original legal representative involved with that file had advised his client that he did not deal with certain lenders.

After evaluating the situation, I took on the file because there could be dire consequences for the client if the file did not complete on time.

Ever since, I have developed a close relationship with that broker.

I have been invited to speak to his brokerage a few times about what BC Notaries do and I have gained many new business connections.

All I can say is this . . . when an opportunity comes knocking on your door, take it and deliver your best. The blessings and growth that will follow are bound to be invaluable. That is why I love what I do. s Notary Jerome Tsang practises in Kerrisdale, Vancouver.

Kate Roome

One of the things I enjoy most about my Notary practice is that we’re able to provide a great mix of legal services.

We’re lucky to work with a realtor whose contracts are always precisely perfect and her clients well prepared for their signing appointment. I love never having to worry that the buyers might not have seen their title search!

I’m also very grateful to have built rewarding relationships with some local lawyers, in particular a family lawyer who offers legal coaching so clients can select only the services they require. Client feedback has been so positive about the flexibility and affordability that offers.

As I’ve been learning how to provide subdivision-related services, I’ve really enjoyed getting to know a few wonderful local surveyors.

They always seem happy to help me understand their work and improve my skills.

It’s impossible to overestimate the value of building relationships with other industry professionals.

Having a steady stream of client referrals makes for a healthy bottom line but, more important, having industry friends to commiserate with and rely upon for information makes for a happier working life.

Every Notary should be spending a bit of time each week to foster those valuable relationships. s Notary Kate Roome practises in Duncan, BC.

Over the years, we’ve built some great relationships with other practitioners. A few people in the industry really stand out as exemplary professionals.

One of my favourite people to work with is a local mortgage broker at Coast Capital who always goes the extra mile for our client. She brings treats to my office when she checks in to make sure we can take her deals and what timeline would be suitable; that’s so courteous!

BC Notaries Association

Jason Zhang

I am Wen Bing (Jason) Zhang.

Our Notary office provides legal services that include notarization, Personal Planning, and real estate conveyancing.

From the early years of my practice (now open 4 years), the support staff at the Land Title and Survey Authority (“LTSA”) Volume 30, Number 3, Winter 2021

have been extremely helpful. A phone call to the LTSA helpline could change my day! Recently, the LTSA added another “service” to conveyancers. The “Land Title Practice Manual” is now free on the LTSA website. It will save each practitioner hundreds of dollars a year and reduce the practising defects at the Land Title registry.

In my mind, the LTSA organization is an excellent example of superb service and customer assistance. s

BC Notaries are definitely my family. I miss our usual Spring and Fall Conferences . . . I am really looking forward to seeing everyone in February 2022 when hopefully we’ll be together again in person.

Notary Jason Zhang MA, BSc, Regulated Canadian Immigration Consultant, practises in Nanaimo.

Mobile Notary Mary-Ann MustonenHinds practises in the Lower Mainland.

I work mostly with BC Assessment, LTSA, mortgage brokers, realtors, lawyers, and other Notaries.

To be on the safe side, BC Assessment is a handy tool that I use to verify the address of the property being purchased or sold.

Mary-Ann Mustonen-Hinds

Of course I use LTSA for registering purchases, sales, and refinances.

The staff people at LTSA are awesome when it comes to helping me.

As for my mortgage brokers and realtors, I love working with them . . . they take the same care in their work for the clients as I do.

They are always eager to say, “How can I help?” Sometimes, at the end of a heavy day, I’ll phonechat with them, going over the day’s events, to tell them how much I appreciate that they are there for me. They have become part of my legal family, so to speak.

And lawyers? Over the years I have gotten to know great lawyers and their staff.

Volume 30, Number 3, Winter 2021

There are very competent conveyancers out there and I enjoy being able to say to them, “Hi! It’s nice to be working together again.”

So, in the end, we all work together.

Teamwork! s

I am Surrey’s Senior Notary, having opened my office on March 1, 1981— now at the same location for 40 years. It has been Leda Kwichak my pleasure to have spent that time in the service of others.

My 25-year Notary recognition was presented to me at the 2006 Notaries Conference in Penticton, British Columbia.

Our office provides a full complement of notarial services to clients, including real estate/ manufactured home transfers, mortgages, Wills, Powers of Attorney, builder’s liens, statutory declarations, and other legal documentations.

Working with people of all different backgrounds and cultures is extremely rewarding. I take time to visit clients in their homes, in hospitals, and in care facilities to further assist them with their legal documentations.

I am delighted that my reputation as an excellent Notary Public has stood the test of time! s Notary Leda Kwichak practises in Surrey.

The Scrivener | www.bcnotaryassociation.ca

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. Wills Preparation 2. Powers of Attorney 3. Representation Agreements 4. Advance Directives 5. Wills Notice Searches 6. 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. Marine Bills of Sale and Mortgages 2. Marine Protests 3. Marriage Licences 4. Mediation 5. 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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Brighter futures.

One home at a time.

BC NOTARIES WHAT WE DO AND OUR PROFESSIONAL FRIENDS

Investments

D

ixon Mitchell was founded in 2000 by a small group of portfolio managers with a desire to do things differently.

Our goals were to provide Janine Guenther, CFA clients with a focused investment-management approach, to align our interests with theirs, and to keep costs down. In other words, we established the firm to be a true steward of client wealth.

Today, Dixon Mitchell is an independent, employeeowned investment counsellor looking after significant assets for a wide array of institutional and private clients.

Dixon Mitchell Investment Counsel is proud to have been a partner and sponsor for the BC Notaries since 2007.

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.

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TABLE OF CONTENTS Scrivener Ad / Dec 2021

1/2 Page Vertical 3.625" x 9.75"

Over the course of 2 decades, our team has built and refined an investment process aimed at protecting capital and generating stable returns.

Performance is only part of a comprehensive financial solution, however, and our recommendations always flow from a thorough discovery of each private client’s unique objectives and constraints.

For institutions, that means understanding the organization’s investment policy, its funding sources and distribution requirements, and the profile of its stakeholders. s Janine Guenther, CFA, is president of Dixon Mitchell Investment Counsel. She succeeded Rob Mitchell, CFA, who after founding the firm in 2000 became Executive Chair in 2021. Janine is a CFA Charterholder who grew up on the prairies and made her way to the West Coast in 2000.

She has managed institutional and private-client money over her 30-year career as well as leading large teams at two of Canada’s largest financial institutions.

BC Notaries Association

Volume 30, Number 3, Winter 2021

2022

FEBRUARY CONTINUING EDUCATION PROGRAM

CONFERENCE REGISTRATION NOW OPEN

The British Columbia Notaries Association looks forward to holding our Annual Continuing Education Conference at the Sheraton Wall Centre in Vancouver!

We recognize that professional continuing education and advancement are fundamental to your success as Notaries, and an important piece in ensuring the continued high standards of service that the public has come to expect from Notaries as providers of non-contentious legal services. Our thanks to members of the BCNA Continuing Education Liaison Committee for helping to develop the seminar content for the program.

Given the public health environment it is more important than ever that we stay connected and continue to learn and work with our key industry partners and stakeholders in order to move the profession forward, and protect the public interest. We intend to provide this opportunity for our members, sponsors and exhibitors in a safe and responsible manner. As such, all attendees will be required to be double vaccinated, and should Provincial Health Orders mandate a change in format we will offer the continuing education program virtually if in-person meetings are prohibited.

A conference guide is available on the BCNA web site, which includes the complete schedule and important details regarding registration.

If you are a potential conference exhibitor, please contact Nicola Fossett for further information at nfossett@bcnotaryassociation.ca.

For Hotel Room Bookings please contact the Sheraton Wall Centre, Vancouver +1 604-331-1000

Volume 30, Number 3, Winter 2021

The Scrivener | www.bcnotaryassociation.ca

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2022

FEBRUARY CONTINUING EDUCATION PROGRAM

2

SEMINAR 01 - Saturday 26 February

CREDITS

MEMBER ONLY SESSION

RISK MANAGEMENT QUANG DUONG - Mackenzie Fujisawa LLP MARNY MORIN - BC Notaries Captive Insurance

Quang Duong and Marny Morin will discuss recent insurance claims, discipline decisions, and risk avoidance strategies for members.

2

SEMINAR 02 - Saturday, 26 February

CREDITS

HOT TOPICS - ISSUES ARISING IN PRACTICES (panel session) DR. MARGARET HALL TREVOR TODD HILDE DEPREZ

SALLY HOUGHTON FRANCA MURACA

In this session, three notaries who have recently entered the profession discuss their experiences and issues that have arisen in their practices with two experienced legal professionals, Notary Hilde Deprez and Lawyer Trevor Todd.

2

SEMINAR 03 - Saturday, 26 February

CREDITS

CORPORATE LAW INTRO - How Corporate Factors Affect Conveyancing and Wills/Estates DAVID BARROQUEIRO

David will provide a general overview of corporate law and how it relates to Notaries working in their practice in conveyancing and estate planning.

2

SEMINAR 04 - Sunday, 27 February

CREDITS

RESILIENCE IN A CONSTANTLY CHANGING WORLD Creating a Supportive and inclusive Approach to Wellness For BC Notaries RACHELL LEE CRAIG FLUTER

SYLVIA ANDERSON TAMMY MORIN NAKASHIMA

This session will be moderated by Rachelle and cover components of mental health and addiction. We will hear from a Notary speaking about their specific challenges in practice. Sylvia from Humancare will provide a solution as to what Notaries have access to through their society dues.

SEMINAR 05 - Sunday, 27 February

2

CREDITS

MEMBER ONLY SESSION

PAL: CLIENT INTERVIEWING AND DUE DILIGENCE RON USHER, SNPBC Staff Lawyer JOAN LETENDRE, SNPBC Notary Public & PAL Advisor Ron and Joan will discuss frequently asked questions and provide solutions you can take back to your practice, including trust accounting issues and covid related practice updates.

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BC Notaries Association

Volume 30, Number 3, Winter 2021

THANK YOU

Volume 30, Number 3, Winter 2021

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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ORIGINAL RECIPE

Laurie Salvador Notary Retired

SERVES 4

Braised Short Ribs

I am including this recipe especially for our son Nicholas who has recently taken up cooking as a hobby. Way to go, Nick!

8 short ribs, bone in (approximately 2 lbs./1kg.)

1 tbsp./15 ml. whole mace (substitute ground mace) 2 star anise pods 1 tsp./5 ml. cinnamon (substitute 1 stick) 1 tsp./5 ml. chai masala spice* 2 tbsp./30 ml. maple syrup 1 tbsp./15 ml. balsamic vinegar (substitute apple cider vinegar) 1 tsp./5 ml. sesame oil 1 tsp./5 ml. fish sauce 1 tsp./5 ml. peppercorns 1 tsp./5 ml. juniper berries 1 tsp./5 ml. sea salt 2 cloves garlic, minced 2 tsp./10 ml. grated fresh ginger 1 tsp./5 ml. lemon grass, chopped fresh or powdered 2 c./500 ml. beef broth grated zest of 1 orange

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Cooking low and slow is the key to this delicious meal.

You’ll need 2 ribs per person because they shrink while cooking. The Asian spices make the meat burst with flavour.

This is definitely a repeat in our house. You can make this meal in a pressure cooker or InstantPot™ in about 45 minutes.

Just make sure you add enough broth to cover the meat and then some.

Preheat oven to 375° F.

1 tbsp./15 ml. mango jam (see Condiments section)

½ c./125 ml. brandy

TIME: 3½ HOURS

Sear the ribs in a non-stick frying pan. Grease a deep castiron pot with a lid. Place the ribs in the bottom. Combine all the other ingredients in a bowl and mix. Pour over the ribs.

Put a lid on the pot and place it in the oven on a rimmed cookie tray, lest it boil over. After 30 minutes, turn the oven down to 200° F. Cook for another 2 ½ hours, checking the meat every 45 minutes. Turn the meat over several times.

When the meat is falling off the bone, remove the ribs to a warm platter. Reduce the pot juices by half and pour through a sieve. Pour the gravy over the ribs and garnish with orange zest or a dollop of mango jam. Serve with mashed potatoes or rice and a nice fresh salad. s

This recipe is from Olive Me! Laurie’s new cookbook. * Chai masala is a blend of spices typically used to make Chai tea.

They include cinnamon, ginger, green cardamom, cloves, black pepper, allspice, and star anise—all in powder form.

BC Notaries Association

Volume 30, Number 3, Winter 2021

PROFILE OF A BC NOTARY

Notary Greg Litwin Comes from Great Genes!

I

am the son of a professional baseball player—My Mother!

Evelyn Moroz, known as Evie Wawryshyn, was a tenacious 2nd bagger. She was inducted into the Cooperstown National Baseball Hall of Fame, the Manitoba Sports Hall of Fame, and the Brandon Baseball Hall of Fame.

The film A League of Their Own depicts the All-American Girls Professional Baseball League of which my mother was a part.

Around the house, she used to sing that film’s theme song.

In Chicago, Mother married Johnnie and had 2 children— my sister Linda and myself.

Tragically, when I was only 10 days old, my father died. Mother was faced with some very hard decisions. Granny drove from Manitoba to Chicago to take us back to her home in the town of Tyndall—population 300— where I was raised for the first 6 years of my life.

Granny and my grandfather had a big old house—a boarding house, a confectionary/small general store, and a “chip stand.”

The boarding house saw many people of different nationalities

Volume 30, Number 3, Winter 2021

speaking a variety of languages, predominantly Ukrainian, Czech, Polish, and German. I found it fascinating. I believe it taught me tolerance and understanding of others.

The “chip stand” was great.

Mother and Granny cooked hotdogs and hamburgers and made the best fries and milkshakes. The juke box was always playing. I remember pushing the potatoes through a machine with holes; when they came out the other side, they were “fries”—Holy cow!

“Come on, you can do better than that. Put a little pepper on that ball!”

Mother and Granny were very musical. Mother could play any song “by ear” that she heard on the radio. One of them was always on the piano, with everyone singing; I helped by pushing the pedals.

My love of music was no doubt inspired by those two very important women in my life.

As the son of a professional athlete, I was on skates at 2, hockey stick in hand. At 4, I had a baseball batting machine that fired plastic balls to assist my batting skills.

I remember practice-pitching with my mother as backcatcher, “Come on, you can do better than that.

Put a little pepper on that ball!” she would say.

Over the years I was involved in all recreational and school sports and love them to this day, especially the competition. Mother taught me to respect each sport, to play fair, and while losing is never fun, to always congratulate the winner.

That taught me about teamwork.

To work as part of a team to reach your goal is very rewarding.

The Scrivener | www.bcnotaryassociation.ca

Growing up in the country, there were many trees to climb and lime kiln areas for playing—Tyndall is

Sister Linda, my mother, and me

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Evelyn Moroz: Women’s Baseball Pioneer Evelyn Wawryshyn Litwin Moroz is in the National Baseball Hall of Fame in Cooperstown, New York, where a special exhibit honours the women pioneers of the sport.

Evelyn played in the All American Girls’ Professional Baseball League, formed in 1943 by Chicago Cubs’ owner and chewing gum magnate Philip K. Wrigley. The softball organization evolved into baseball and fastball (fastpitch), thriving throughout the US until 1954. More than 500 women from Canada, the US, and Cuba played in the League, which had 10 teams at its peak.

Evie at 2nd base

The movie A League of Their Own was based on the League—the film’s theme is the song the girls used to sing.

A teacher at the time, Evelyn was scouted for the League at age 21 in Winnipeg. Protocol was strict. The ladies had to have chaperones and feminine hairstyles and could not wear pants in public. In the early years, the players had to attend the League’s charm school, wear makeup and short dresses, and visit the beauty parlour. They earned between $40 and $100 a week playing daily games.

Evelyn has fond memories of her sporting life.

“Women were doing everything then,” she says.

“The women were doing what the men did because Granny and my mother they had gone to war. I kept in touch with some of the girls. You make friends that last a lifetime.”

Winnipeg is home to the Manitoba Sports Hall of Fame, established to honour Manitoba’s greatest athletes, sports figures, and teams.

Evie is in there, too!

Collector Alert: There is an Evelyn Moroz baseball card!

Autographed baseball card

With my mother, sister Linda, and my wife Teresa at the Manitoba Sports Hall of Fame

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BC Notaries Association

Statistics and batting averages

Volume 30, Number 3, Winter 2021

…some people come into our life as blessings and others come as lessons.

famous for its limestone. I had many adventures in the fields and bush.

When I was 6, Mother married Henry, a teacher. They bought a house in Winnipeg near the Red River and had 4 more children, all girls. I was a little spoiled growing up, but they say I am a sensitive man. I am truly blessed to have 5 sisters who take such good care of our mother. Henry passed 6 years ago, just shy of his 84th birthday. He was a good man and I miss him.

One uncle owned “Teddy’s Dance Hall and Billiard Room” in Tyndall and my uncle Archie ran the hardware store and post office.

After a big dance, my elder sister and I would get up early, collect all the bottles, and cash them in at the general store. Then I would go to my uncle’s store and usually buy a gift for my mother. One gift was “Evening in Paris” perfume.

I thought that sounded pretty exotic and it seemed to fit her.

When I was a young boy, I remember looking through her baseball scrapbooks and seeing pictures of beaches and palm trees, scenes I had never seen in Manitoba.

I asked where on earth that place was. Mother replied, “Cuba!” During her baseball career, Spring training was held in Cuba, along with the Brooklyn Dodgers!

Years later, my wife Teresa and I decided to visit Cuba to retrace some of my mother’s steps. Mother had told me of the fabulous old hotels where they danced on the Volume 30, Number 3, Winter 2021

rooftops. As she was reminiscing, she said, “Ah . . . and then there was Carlos . . . ” “Carlos?” I asked. “Who is Carlos?

“Oh, he was a fellow I met before your father . . . Carumba!”

We just celebrated Mother’s 97th birthday on November 11, Remembrance Day. Needless to say, I have never forgotten a birthday for my mother.

These are the some of the things I learned from my mother.

• What love is • Faith and a belief in God • The importance and love of family • The Golden Rule and to help others less fortunate if you can • To have courage • To follow your heart and dreams • To be a good sport and play fair • To always have hope • To never give up • To lead by example • Unconditional love

of the home. The piano is in the living room where the ivories are tickled now and then, especially when the kids arrive and love abounds. Happy to say, Mother still lives in her home.

Mother Teresa, one of my mother’s favourite people, said that some people come into our life as blessings and others come as lessons. I am most fortunate to have had both in my mother.

My Notary Career School in Winnipeg was filled with sports and a variety of musicals.

When completing my Grade 12, I told my parents I was moving to Toronto with my friend Howie to see if we could make it in music and arts! Howie and I had our own band, had been involved in a variety of musicals at school, were involved in the Manitoba Theater Centre (acting and dancing), and had been paid to do a few shows at Rainbow Stage, an outdoor venue in West Kildonan Park.

After a discussion about where I would live, how I would eat, and so on, I had second thoughts and decided to enroll in the University

During her baseball career, Spring training was held in Cuba, along with the Brooklyn Dodgers!

She has been the most devoted and loving Mother and Grandmother and Great-Grandmother. Everyone loves going to her home where she’s usually in the kitchen, the heart The Scrivener | www.bcnotaryassociation.ca

Leonard Neal celebrating his 90th birthday

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37

of Manitoba Commerce Program— an extreme change, but I’ve always wanted to have my own business.

That led to a banking career, with CIBC, Royal Bank, and the Bank of BC (now HSBC).

Travelling back from a holiday to Victoria, I passed through the beautiful City of Penticton and knew in my heart that was where I wanted to be.

Soon I resigned from the Royal Bank, packed up my truck, and headed west to Vancouver.

Although I had sent résumés to several financial institutions, I wanted to find a job at once.

I walked onto a construction site in Delta where they were laying drain tile and asked the foreman for a job. “Can you dig a ditch?” he asked. “Yep,” I said. That job lasted a few weeks until a few of the financial institutions came back with offers.

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I chose the Bank of BC, a smaller bank, thinking I could rise to the top in no time. Well, I didn’t get to be President but I did progress well and received a transfer to Penticton as their Administration Manager. I had reached my destination at last!

Travelling back from a holiday to Victoria, I passed through the beautiful City of Penticton and knew in my heart that was where I wanted to be.

After 4 years, I was approached

by Notary Leonard Neal who would change my life forever. He was my good client at the bank. Over coffee, Len said I should be a Notary Public.

BC Notaries Association

When I asked how I could make a living witnessing signatures, Len explained the many services a BC Notary can provide. After reviewing his Profit and Loss Statement, I thought it might work for me and we struck an agreement. As my mentor and friend, Len truly changed the course of my life. I will be forever grateful to him.

I have been practising as a BC Notary for over 35 years now and enjoy my profession very much.

I am a former Director of the South Okanagan Brain Injury Society and of the Penticton Soupateria Society, aka our “Soup Kitchen,” for the past 25 years. I am known as The Chili Man—I cook chili on the first Friday of each month. s BC Notary Greg Litwin has offices in Penticton and Oliver.

Volume 30, Number 3, Winter 2021

WILLS & ESTATES

THE MiX

T

here are a surprising number of estate disputes arising over the format of the handling of a deceased’s remains, particularly when the deceased and spouse were of different religions.

At common law, a spouse is responsible for the funeral expenses of the deceased spouse. The rule originally only applied to husbands, but it was later applied to both spouses since wives became entitled to their own estates.

The common law was changed by the introduction of statutes such as the Cremation, Internment and Funeral Services Act RSBC that governs the disposition of human remains and the control of same.

The primary responsibility for insuring the burial of a deceased person now falls on the personal representative of the deceased, who will in turn be entitled to an indemnity for expenses in this regard out of the estate as a first charge.

Where the estate is inadequate to bear the burden, a secondary responsibility falls on the person responsible in law for the support of the deceased. Thus, the surviving spouse will be responsible for the burial of a spouse, and the parent for the burial of a child in the absence of a surviving spouse.

Volume 30, Number 3, Winter 2021

Photo credit: Matthew Chen

The Disposition of Human Remains Trevor Todd

British Columbia gives the priority for funeral arrangements first to the personal representative (executor or administrator as the case may be) of the deceased and not the spouse, unless the spouse is also the personal representative.

Section 5 of the Act sets out the priorities of the right to control the disposition of the human remains or cremation.

The primary responsibility for insuring the burial of a deceased person now falls on the personal representative of the deceased, who will in turn be entitled to an indemnity for expenses in this regard out of the estate as a first charge.

Control of Disposition of Human Remains or Cremated Remains 5(1) Subject to this section and section 8(3)(b)(i) [requirement for authorization before funeral services or disposition], the right of a person to control the disposition of the human remains or cremated remains vests in, and devolves on, the following persons in order of priority, (a) the personal representative named in the Will of the deceased; (b) the spouse of the deceased; The Scrivener | www.bcnotaryassociation.ca

(c) an adult child of the deceased; (d) an adult grandchild of the deceased; (e) if the deceased was a minor, a person who was a guardian who had care and control of the deceased at the date of death; (f) a parent of the deceased; (g) an adult sibling of the deceased; (h) an adult nephew or niece of the deceased; (i) an adult next-of-kin of the deceased, determined on the basis provided by section 23(5) of the Wills, Estates and Succession Act; (j) the Minister under the Employment and Assistance Act or, if the Public Guardian and Trustee is administering the estate of the deceased under the Wills, Estates and Succession Act, the Public Guardian and Trustee; (k) a n adult person having a personal or kinship relationship with the deceased, other than those referred to in paragraphs (b) to (d) and (f) to (i); 5(2) If the person at the top of the order of priority set out in subsection (1) is unavailable or unwilling to give instructions, the right to give instructions passes to the person who is next in priority.

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remains passes to persons of equal rank, the order of priority (a) i s determined in accordance with an agreement between or among them, or (b) i n the absence of an agreement referred to in paragraph (a), begins with the eldest of the persons and descends in order of age.

5(4) A person claiming that he or she should be given the sole right to control the disposition of the human remains or cremated remains may apply to the Supreme Court for an order regarding that right.

The right of priority, however, is subject to the Court having to consider the criteria set out in section 5(5) of the Act and this is where matters can become very contentious.

5(5) When hearing an application under subsection (4), the Supreme Court must have regard to the rights of all persons having an interest and, without limitation, give consideration to (a) t he feelings of those related to, or associated with, the deceased, giving particular regard to the spouse of the deceased; (b) t he rules, practice, and beliefs respecting disposition of human remains and cremated remains followed or held by people of the religious faith of the deceased; (c) a ny reasonable directions given by the deceased respecting the disposition of his or her human remains or cremated remains; and (d) w hether the dispute that is the subject of the application involves family hostility or a capricious change of mind respecting the disposition of the human remains or cremated remains.

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(6) Despite subsections (1) to (3), if the Supreme Court makes an order in favour of a person who has applied to it under subsection (4), that person is deemed to be at the top of the order of priority set out in subsection (1).

CASE LAW In Kartsonas v. Kartsonas 2010 BCCA 336, the Appeal Court dismissed an appeal from an order granting the testator’s children the sole control of the disposition of their father’s remains. The children, unlike the opposing testator’s niece, wanted a religious burial in accordance with Greek Orthodox religion.

The first priority is given to the personal representative named in the Will of the deceased.

The next-following priorities are given to the spouse of the deceased and the adult children of the deceased.

The niece opposed the application on the basis that the testator had been estranged from his children and had trusted the burial arrangements to her. She argued that he was an atheist and therefore would not have wanted a religious funeral.

The Appeal Court held that the decision was discretionary as the judge considered the evidence before him, and concluded that the rights of all persons having an interest fell, on balance, in favour of the wishes of the deceased’s family members who wanted a religious funeral.

BC Notaries Association

The first priority is given to the personal representative named in the Will of the deceased.

The next-following priorities are given to the spouse of the deceased and the adult children of the deceased.

Section 5(4) of the Act authorizes an application to be made by a person claiming that he or she should be given the sole right to control the disposition of the remains of a deceased person.

Section 5(6) provides that if such an applicant is successful, then he or she is deemed to be at the top of the order of priority.

While Clause C of section 5(5) provides that reasonable directions given by the deceased person are to be taken into account on an application under section 5(4), it is not determinative and is only one factor to be taken into account by the Court The Appeal Court held that the trial judge properly exercised his discretion, having regard to the provisions of section 5(5) and he rightly concluded that the rights of all persons having an interest fell on balance in favour of the wishes of the deceased’s family members who wanted a religious funeral.

In Wiebe v. Bronstein 2013 BCSC 1041, the Court held it had no jurisdiction to make an order varying the internment plaque to refer to the plaintiff as the partner of the deceased, as section (4) only dealt with the disposition of human remains and did not deal with the placement of memorials after the human remains were disposed.

Funeral Costs Must be Reasonable Chernichan v. Chernichan Estate 2001 ABQB 913 held that while funeral expenses are a top priority of the estate debts, the funeral costs themselves must be reasonable in relationship to the financial situation of the Volume 30, Number 3, Winter 2021

deceased, particularly where there was an insolvent estate, as was the case. The Court found that funeral expenses of $10,800 in that estate were held to be mostly excessive, considering the deceased was insolvent. The Court even disallowed the funeral reception/luncheon.

There is no universal answer as to which expenses are reasonable and which are not. The funeral ritual in our society is intricately bound up with cultural and religious beliefs and practices.

The law permits the expenditure of estate funds for a decent burial in accordance with the traditions of the deceased as long as extravagant and unreasonable expenses are avoided, Mullick v. Mullick (1829), 1 Knapp 245, 12 E.R. 312 (Eng. Ch. Div.). Where an estate is insolvent, those involved in the burial must limit themselves to the minimum expenses that will accord a dignified interment.

What is reasonable in one context may not be reasonable in another.

Where an estate is solvent and funeral arrangements are made by the personal representative, he or she will be able to charge to the estate (as against the beneficiaries) all expenses consistent with the culture, religion, and station in life of the deceased, even if some of the expenses might be viewed objectively as “luxuries.”

Where the estate is solvent, but the funeral arrangements are made by someone other than the personal representative who now seeks reimbursement from the estate, the same rule will generally apply.

A person seeking reimbursement must exercise greater restraint, however, because the personal representative, the beneficiaries, or ultimately a Court may disagree on what is fitting for the deceased.

Some expenses that would be Volume 30, Number 3, Winter 2021

allowed to a personal representative as against beneficiaries may not be allowed to a third party as against the personal representative.

Where one party pays funeral expenses, he or she is generally able to recover them from any person who has a higher obligation to pay them, even if that person had no input into or even knowledge of the funeral: Schara Tzedeck v. Royal Trust Co. (1952), [1953] 1 S.C.R. 31 (S.C.C.) at page 37.

Funeral arrangements must usually be made in a very short period of time, sometimes before the personal representative is identified and invariably before probate is issued. The family usually makes the arrangements without regard to who is in a technical sense legally responsible for either making the arrangements or paying the expenses.

Because of the public interest in the prompt and dignified disposal of human remains, the law imposes a duty on those ultimately responsible to reimburse the person who actually incurs the obligation.

Conclusion Most experienced estate litigators have probably had occasion to argue over the disposition of human remains or cremation. The disputes can become very litigious when different religious burial rituals are either denied or being carried out to the dismay of opposing relatives.

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

The Cremation, Internment and Funeral Services Act is an attempt to set out the priorities and sensitivities that the Court must consider on any application for control of a contested funeral service. s

Spring Advertising Space Deadline March 15, 2022

Trevor Todd restricts his practice to estate litigation. He has practised law in Vancouver for 47 years.

scrivener@bcnotaryassociation.ca www.bcnotaryassociation.ca

The Scrivener | www.bcnotaryassociation.ca

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• • • • •

STRATA LAW

The Intersection between Elder Law and Strata Law

H

ow does elder law apply to life in a strata complex? In this article, we discuss elder law and strata law, and highlight where the two intersect.

For instance, we discuss how elder law applies to strata complexes with respect to (a) the application of certain bylaws; (b) estate planning; (c) alterations to strata lots, common property, and common assets;

Elaine McCormack, Emily Sheard

Strata law encompasses many different areas of law and concerns the application of those various areas of law to stratified complexes and communities.

In the strata world, one notable trend is that strata lot owners want to age in place—that is, strata lot owners want to change how they live, not where they live.

(d) human rights and accommodations for physical and mental disabilities; and

2. Why is the intersection between elder law and strata law important?

(e) electronic and physical attendance at annual and special general meetings.

he intersection between elder T law and strata law is becoming increasingly important as Canada’s population continues to grey.

It may be helpful to recognize some of these issues when you are providing notarial services to your clients.

1. What is “elder law” and what is “strata law”?

Elder law refers to the areas of law that tend to be associated with ageing or that have a greater impact on individuals who are 65 years of age and older. Traditionally, discussions on those areas of law have emphasized matters on an individual-level, such as Wills and estates, human rights, and Powers of Attorney, rather than on a societal-level.

Volume 30, Number 3, Winter 2021

ccording to Statistics Canada, as A of July 1, 2020, 18.0% of Canada’s population was 65 years of age and older. That percentage is expected to increase to between 21.4% and 23.4% by 2030. As the population ages, strata corporations and individual owners, tenants, and occupants will increasingly encounter issues related to age.

In the strata world, one notable trend is that strata lot owners want to age in place—that is, strata lot owners want to change how they live, not where they live.

The Scrivener | www.bcnotaryassociation.ca

Changing how someone lives in a strata community may involve altering their strata lot, the common property, or common assets. We discuss examples of those changes in more detail in the sections below.

Changing where someone lives may be challenging for a number of reasons. For instance, after residing in a strata complex for many years, it is likely that a great sense of community has been cultivated. As such, an attachment to the complex and the general area makes it difficult for individuals to leave. In addition, in today’s hot real estate market, increased housing prices and associated transactional costs may make selling an older strata lot and buying into another strata complex difficult.

3. When does the intersection between elder law and strata law occur?

The sections below provide some key examples of when elder law and strata law intersect. a) Age-restriction bylaws Some strata complexes have age-restriction bylaws, such as retirement communities. Often, age-restriction bylaws require residents to be 55 years of age or older, and prohibit anyone under 19 years of age from residing in the complex.

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There is a common misconception that age-restriction bylaws apply to nonresident owners.

Strata corporations cannot legally prohibit someone from owning a strata lot because they do not meet the requirements of an age-restriction bylaw. Rather, a strata corporation can enforce an age-restriction bylaw to prohibit individuals who do not meet the requirements from residing in a strata lot.

If a strata corporation already has an age-restriction bylaw, there are important considerations for prospective purchasers. For instance, some age-restriction bylaws require all occupants to be at least 55 years of age. Residents who are 55 years of age and older may eventually decide to live with a younger spouse, have a child or grandchild live with them, or may require a live-in caregiver. Those other individuals may not meet the requirements of the strata corporation’s agerestriction bylaw.

Even if the owners approve of an age-restriction bylaw at an annual or special general meeting and the bylaw amendment is filed in the Land Title Office, it does not apply to everyone. Section 123(2) of the Strata Property Act, SBC 1998, c.

43 provides that “[a] bylaw that restricts the age of persons who may reside in a strata lot does not apply to a person who resides in the strata lot at the time the bylaw is passed and who continues to reside there after the bylaw is passed.”

Age-restriction bylaws may also have implications on an individual who inherits the title to a strata lot.

If the strata corporation has a valid age-restriction bylaw in force, and the individual inheriting the strata lot does not meet the requirements of the age-restriction bylaw and was not residing in the strata lot prior to the age-restriction bylaw being passed, then that person is legally entitled to own the strata lot, but not to reside in it.

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b) Estate planning Determining who is a contact person for a strata lot can be complex in certain situations.

Executors acting on behalf of an estate, and attorneys acting pursuant to a Power of Attorney document, may or may not qualify as an “owner” as defined by the Strata Property Act. Whether someone qualifies as an “owner” under the definition may impact whether that individual can vote at annual and special general meetings and serve on strata council. For more information on this topic, consider our article “Whose Strata Lot is It Anyway?” in the Spring 2021 edition of The Scrivener.

Age-restriction bylaws may also have implications on an individual who inherits the title to a strata lot.

c) Alterations In the strata world, we often refer to certain renovations to strata lots, common property, and common assets as “alterations.”

Alterations often involve major renovations, such as replacing flooring or removing walls. Some strata corporations consider smaller renovations, such as painting the walls of a strata lot, to constitute an alteration.

As the population ages, strata councils will receive more requests for alterations to make strata complexes more accessible.

Individuals may ask to make certain alterations to strata lots, common property or common assets, or request that the strata corporation do so.

BC Notaries Association

Prospective purchasers should review and understand strata corporation bylaws concerning alterations prior to buying into a strata complex. Typically, written approval from the strata council is required to make alterations to a strata lot. Under section 5 of the Schedule of Standard Bylaws to the Strata Property Act, strata councils cannot unreasonably withhold approval for alterations to strata lots involving specific things, such as doors, windows, or fences.

Common areas that may be changed to increase accessibility include the following: • replacing traditional door knobs with levered door handles; • replacing heavier doors with lighter doors; • replacing regular doors with power doors; • painting doors a different colour; • converting regular parking spaces into wider parking spaces; • installing curb cuts into road curbs; • installing stair climbers or elevator lifts; and • installing braille signage.

Typically, written approval from the strata council is required to approve alterations to common property or common assets. In some cases, a ¾ vote of the owners at an annual or special general meeting is required to approve of an alteration to common property or land that is a common asset.

Most commonly, an owner’s responsibilities for alterations made to a strata lot, the common property, or a common asset are set out in a written alteration agreement signed by the owner and members of the strata council.

Volume 30, Number 3, Winter 2021

Prospective purchasers of residential strata lots should be aware they might be asked by the strata council to assume liability for alterations made to the strata lot, common property, or common assets made by the current owner.

Some strata corporations have a bylaw that provides that the alteration will be removed if a subsequent purchaser does not enter into an agreement.

If a strata council refuses an alteration request, an owner may seek relief by requesting a hearing before the strata council under section 34.1 of the Strata Property Act. The strata council must hold the hearing within 4 weeks of the request. An owner can request that the strata council make a decision, which must be provided by the strata council to the owner in writing within a week after the hearing. Some alteration requests may also qualify as requests for accommodation under the Human Rights Code, RSBC 1996, c. 210 that we discuss in more detail in the section below. d) Human rights The British Columbia Human Rights Tribunal has found that strata corporations are organizations governed by the Human Rights Code. As such, in certain situations, strata corporations have a duty to accommodate residents who request an accommodation based on a physical or mental disability.

There are times when a strata corporation must accommodate a resident’s disability. If there is a need under the BC Human Rights Code to accommodate a resident, the accommodation must be made, unless the accommodation results in undue hardship to the strata corporation. As a result, strata corporations may be required under the Human Rights Code to accommodate individuals by making alterations, or permitting Volume 30, Number 3, Winter 2021

individuals to make alterations such as those noted above.

Individuals may request exemptions from certain bylaws, for instance, bylaws restricting or prohibiting pets or smoking.

With respect to pet restriction bylaws, section 123(1.01) of the Strata Property Act provides that “[a] bylaw that prohibits a pet or other animal or that restricts the access of the pet or other animal to a strata lot or common property does not apply to (a) a guide dog or service dog, or (b) a dog that is a member of a retired guide dog or service dog team if the person who is a member of the team is an owner, tenant, or occupant.” Pet restriction bylaws are subject to exemptions made pursuant to the Guide Dog and Service Dog Act, SBC 2015, c. 17.

Individuals may request exemptions from certain bylaws, for instance, bylaws restricting or prohibiting pets or smoking.

In addition, individuals may also seek an exemption from pet bylaws pursuant to the Human Rights Code.

For instance, a resident may require a pet to assist them in relation to a physical or mental disability. If the required pet does not ordinarily comply with the strata corporation’s pet bylaws, then the resident may apply to the strata council to request an exemption from those bylaws.

Smoking is also a common human rights issue in strata complexes that goes both ways.

Some individuals may request an exemption from a strata corporation’s no-smoking bylaw in order to accommodate their physical or mental disability.

The Scrivener | www.bcnotaryassociation.ca

For instance, an individual may take the position that they need to smoke cannabis for pain control.

More commonly, individuals may request that the strata corporation accommodate them by preventing or reducing their exposure to second-hand smoke in the complex, as such smoke may aggravate their disability. e) Attendance at annual and special general meetings The COVID-19 pandemic has accelerated the need for strata corporations to hold meetings electronically to avoid large groups of people from gathering.

Traditionally, the Strata Property Act has required strata corporations to have a filed bylaw authorizing annual and special general meetings to be held by electronic means.

In response to the pandemic, a ministerial order is in effect to allow strata meetings to be held electronically in British Columbia during the provincial state of emergency without the need to pass a bylaw. The latest regulation permits strata corporations to continue to hold annual and special general meetings by electronic means until December 31, 2021, without a bylaw authorizing them to do so. The Province of British Columbia recently announced that this date may be extended.

Holding annual and special general meetings by electronic means may have positive and negative effects on accessibility.

Individuals who have previously not been able to physically attend annual and special general meetings due to physical or mental disabilities may be able to attend the meeting by videoconference or teleconference. Holding annual and special general meetings by electronic means may enable TABLE OF CONTENTS

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Barbara is 91 now.

She still dreams of dancing.

A gift in your Will to Eldercare Foundation can provide vital therapy programs to seniors in care who still dream of dancing, moving, creating, and living with dignity.

Create your legacy today.

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Requiring technology to be used in order to attend an annual or special general meeting can create barriers to participation for others. For instance, some individuals may not own a computer or smartphone or have an email address or functioning phone line.

Even if individuals may access a public computer or telephone, there may be difficulties logging in and connecting to the meeting due to unfamiliarity with those devices.

One way to address that issue may be to hold a “hybrid” meeting, partially by electronic means and partially at a physical location.

This article is for educational purposes only and does not constitute legal advice. s

Discover how you can help your clients leave a legacy. bcchf.ca/legacy-advisor

Elaine McCormack is a lawyer, mediator, and arbitrator with Wilson McCormack Law Group.

Or call Hilary Beard, Gift & Estate Planning 604.875.3679 hbeard@bcchf.ca

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individuals to participate in conversation regarding the governance of their community, as opposed to voting by proxy or not participating in annual and special general meetings at all.

The examples discussed above are only some of the many examples of how strata law intersects with elder law. There is much to consider—we recommend that strata corporations and individuals seek legal advice to anticipate the issues explored in this article, as well as to deal with those issues as they arise.

A Will can help do that.

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The COVID-19 pandemic has accelerated the need for strata corporations to hold meetings electronically to avoid large groups of people from gathering.

Emily Sheard is an associate lawyer with Wilson McCormack Law Group.

BC Notaries Association

Volume 30, Number 3, Winter 2021

SENIORS

Are you a Senior?

Rhonda Latreille

Q

ualifying for a senior discount doesn’t necessarily make you a senior.

This article will explore the senior and baby boomer cohorts and how those cohorts influence who we are, our values, and how we engage with each other and our world.

A cohort refers to a group of individuals who experienced the same circumstances as they were coming of age. Living through those experiences during such a pivotal period of our lives helps shape common characteristics, attitudes, and values.

The characteristics are fairly defined and will likely survive throughout the emerging life stages—independent of age.

For instance, a baby boomer may be 70 years of age today, yet not likely identify as a senior . . . instead, identify as a boomer—today and always.

Cohorts When we reference today’s seniors, we are usually referring to those identified as the Children of The Great Depression (born 1931— 1940), as well as those who served in World War II. The North American baby boomer cohort includes individuals born between 1946 and 1964.

Volume 30, Number 3, Winter 2021

Characteristics

• Savers

Although there are risks involved when characterizing any group, we can draw some inferences based upon shared cohort experiences.

• Not Risk-takers • Accomplished much with teamwork • Duty comes before pleasure • High degree of confidence in government, large employers, traditional authority figures

When we reference today’s seniors, we are usually referring to those identified as the Children of The Great Depression (born 1931—1940), as well as those who served in World War II.

What do we know about today’s seniors? Through the eyes of a child, the Children of The Depression directly experienced the lack and scarcity of the Depression. Those serving in World War II made the ultimate sacrifice, committing to a higher ideal while putting their lives on the line for all their countrymen and women. Shaped by those experiences, “seniors” tend to share the following characteristics.

The Scrivener | www.bcnotaryassociation.ca

If you were to sum up what they want from the businesses and professionals serving them today, the answer is stability. They want to know you will be there for them tomorrow and tomorrow and tomorrow.

Now let’s shift to baby boomers.

Their focuses were the Vietnam War, sexual revolution, civil rights, women’s rights, gay rights, and social reform.

• Influenced by the massive size of the cohort that redefined every life stage • Less trusting of authority, employers, government . . . they were the anti-establishment folks • Intellectually and socially individualistic • Pursued own dreams . . . they overwhelmed the job markets and borrowed to buy • Evaluated achievements in terms of personal fulfillment Boomers want options from those who serve them.

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The Client Conversation

What Do You Want?

If you need a senior or boomer client to connect with a specific strategy, make sure you show how the strategy aligns with the boomer values.

When the seniors were asked what they wanted first from the professionals who were about to serve them, the results showed the following.

For seniors, it is all about independence. They want to be safe and stay healthy so they can remain independent and not be a burden to their family.

With boomers, it’s lifestyle!

Relationship with Money Many seniors see their role with money as one of “stewardship”; they want to be good stewards of their money, preserve their nest-egg, and pass it on to the next generation. Boomers, however, tend to see their relationship with their money in terms of “ownership” . . . it is my money and I’ll spend it the way I want.

• Listen to me • Acknowledge my wisdom and vision • Provide reassurance When seniors were asked what they were getting from those professionals, they reported the following.

• Cold Transactions • Simple Information • Directions That disconnect is an opportunity to better serve seniors.

Seniors want their “humanity” addressed first!

They need to know they are acknowledged, safe, and respected.

Seniors want their “humanity” addressed first!

They need to know they are acknowledged, safe, and respected.

Conclusion The disconnect offers a great opportunity: Engage, ask questions, listen, and learn.

Businesses that “get it” will “get them” as life-long clients, even without a senior’s discount. s Rhonda Latreille is the founder of Age-Friendly Business, a training company that focuses on educating people about how to do business effectively with seniors.

Join us for a virtual

with Dr. Lisa Genova Neuroscientist and #1 international and New York Times bestselling author of Still Alice

March 3, 2022 Raise funds to change the future for people affected by dementia.

Tickets available at BreakfastToRemember.ca

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BC Notaries Association

Volume 30, Number 3, Winter 2021

BRITISH COLUMBIA LAW INSTITUTE

BCLI Updates the Undue Influence Recognition/Prevention Recommended Practices Guide

T

he BC Law Institute (BCLI) publication “Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide” (the “BCLI Guide”) is undoubtedly familiar to many Scrivener readers.

The Society of Notaries Public website lists the guide as an educational resource in the members’ section, and it is used in teaching notarial candidates in the Master of Arts in Applied Legal Studies Program at SFU. The Notary Foundation funded the development of the BCLI Guide. With funding from The Notary Foundation, BCLI is updating this well-received and widely used publication to ensure it remains a useful resource for legal practitioners.

The practices described in the BCLI Guide for recognizing telltale signs of undue influence and preventing it from tainting a Will are equally applicable when taking instructions and drafting other Personal Planning documents such as Powers of Attorney and Representation Agreements.

There is a chapter explaining the law of testamentary undue influence, and another detailing the ways in which in which undue influence is typically exerted.

A checklist and flowchart illustrating best practices are included in an appendix to the BCLI Guide and also published separately as the Section 52 was expected “Undue Influence Recognition/ Prevention Reference Aid.” to lead to more Wills being

challenged on the ground of undue influence, and possibly result in more challenges...

The BCLI Guide explains “red flags” that should raise a practitioner’s level of suspicion that Will instructions being given may not represent the client’s true wishes because the client is under some form of coercive pressure. It recommends practices that Willdrafters should follow to guard against giving effect unwittingly to the designs of an influencer, and ensure to the greatest extent possible that the Wills they draft could withstand challenge on the basis of undue influence.

Volume 30, Number 3, Winter 2021

Gregory G. Blue

Section 52 of Wills, Estates and Succession Act (WESA) was the impetus for the original version.

It shifts the onus of proof from the challenger to the defender of a Will or a Will provision if it is alleged that the Will or provision came into being as a result of undue influence exerted on the Will-maker resulting from a relationship of dependency or domination, and the challenger establishes that such a relationship existed.

Section 52 was expected to lead to more Wills being challenged on the ground of undue influence, and possibly result in more challenges of that kind succeeding. The BCLI Guide was intended to aid practitioners to detect undue influence where it exists, and insulate the Wills they draft against challenge on grounds of undue influence where there is none.

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BUSINESS

The original version of the BCLI Guide appeared in 2012, before WESA came into force. One of the reasons for updating the BCLI Guide now is to reflect the present state of the law, including case law on undue influence that has accumulated since the Guide was issued. An even more important reason, however, is a need to take account of the radical changes made by the Wills, Estates and Succession Amendment Act 2020.

TO BUSINESS

Margot R. Rutherford* Notary Public

Remote witnessing of Will signature by audiovisual technology was introduced under emergency orders in March 2020 as a temporary, pandemicrelated measure. The Wills, Estates and Succession Amendment Act 2020 supplants the emergency orders retroactively and makes remote witnessing permanently available as an option.

A Member of The Society of Notaries Public of British Columbia *Denotes Professional Notarial Corporation

981 Fitzgerald Avenue Courtenay, BC V9N 2R6

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

The Act also makes it possible as of December 1, 2021, for a valid Will to be created entirely in electronic form, without ever being printed on paper. The electronic Will provisions are based on ones developed by the Uniform Law Conference of Canada. So far, British Columbia is alone among Canadian provinces and territories in recognizing electronic Wills.

Alexander Ning Notary Corporation 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 Notary Public, Mediator, Immigration & Refugee Counsel

The Tropics Are Calling

And You Must Go! Irina Bartnik Notary Public

Vacation Relief

“Knowledgeable and Capable” 604-538-3388 CammackHepner.ca

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As was the case with the original publication, an interdisciplinary volunteer committee will assist BCLI in carrying out the update to the BCLI Guide.

Sadly, the committee cannot include Leanne Rebantad, the Notary that The Society of Notaries Public appointed to the BCLI Board of Directors in 2019, because of her sudden passing in October 2021. She had been enthusiastic about the project to update and re-issue the BCLI Guide, and had planned to take an active role.

@ notaryinbc@gmail.com

#106 – 1656 Martin Drive Surrey, BC V4A 6E7

Those legal changes, coupled with a tendency in society toward greater use of video technology for communications generally, will lead, as time goes by, to more virtual and fewer face-to-face meetings with clients, and also more situations in which Will-drafters will not be able to directly supervise the signing and witnessing of Wills in person.

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

Other Notaries have volunteered to serve on the committee alongside experts in other relevant fields and work on the update is underway. The updated version of the BCLI Guide is expected to be issued in late 2022. s Gregory G. Blue, QC, is a Senior Staff Lawyer for the British Columbia Law Institute.

BC Notaries Association

Volume 30, Number 3, Winter 2021

LAND IN BC

Helpful New Resource for Retiring Farmers or Landowners with No Heirs Natasha van Bentum

I

magine you are a second- or third-generation farmer in British Columbia wanting or needing to retire. Over the decades, you’ve put your heart and soul into the land, farming as sustainably as possible.

You either have no heirs or your children are not interested in (or able to) carry on the tradition. Your heartfelt desire is to ensure the land continues to be farmed for future generations.

While this is happening, the real estate value of your land has skyrocketed beyond the reach of the people to whom you’d like to sell the land— aspiring young farmers. There are many of them in British Columbia . . . most have huge challenges in obtaining farm and foodland.

New Resource Available Three years ago, the Foodlands Cooperative of BC (“Foodlands”) identified the significant lack of information and guidance for farm and foodland owners who desired to protect their land for the future.

There was a clear need for clarity around the various options, processes, and costs of having land transferred to a land trust, either via donation or through other transfer mechanisms.

Your Land, Your Legacy

A Farm and Foodland Owner’s Guide

At the same time, suburban or urban development edges closer and closer to your land or big Bay Street investment companies want to buy up farmland to be managed as an agribusiness.

Fortunately, there is an option available to landowners to contribute to land access and security . . . a land trust. In its many forms, a land trust is a type of land-holding organization that effectively removes land from the speculative real estate market, returns it to the “commons” as a community resource, and ensures community oversight of its ongoing use and management.

Until recently, farmers and retiring landowners who wished to put their land into trust typically had to wade through layers of government regulations from multiple Volume 30, Number 3, Winter 2021

agencies and bodies. Navigating those legalities has been a barrier to the donation of land.

The culmination of a 2-year research project, Foodlands’ new resource, “Your Land, Your Legacy – A Farm and Foodland Owner’s Guide,” has just been published, thanks to funding from the Law Foundation of BC, Real Estate Foundation of BC, and the Investment Agriculture Foundation of BC.

Written by Ava Reeve, Manager of Foodlands’ Legal Literary Project, the Guide is expressly designed for BC owners of farm and foodprovisioning lands who wish to create a legacy by preserving their land for generations.

The goal of this lawyer-reviewed Guide—is to pass knowledge to the general public to help alleviate many of the challenges of planning farm and foodland trusts and lead to greater community access for sustainable farming forever. It is a free resource for individuals seeking to put their farmland and food-provisioning land into trust. You will find answers to your questions about covenants, donations, life estates, transfer tools, an overview of their tax implications, and much more.

The Scrivener | www.bcnotaryassociation.ca

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The Guide’s Table of Contents • Obtaining Professional Advice • Developing Your Vision • Types of Land Legacies • Ownership Structures • Documenting the Intent of a Transfer • Creating a Legacy by Transferring Land Ownership • About Land Ownership • Mitigating the Risk of your Vision not being Realized • Ways to Transfer Ownership to a Charity • Continuing to Enjoy the Land • Practical Steps for Transferring Ownership • Creating a Legacy by Granting a Covenant • About Section 219 Covenants • Covenants • Limitations in the Agricultural Land Reserve • Enforcement of a Covenant • Mitigating the Risk of your Vision not being Realized • Continuing to Enjoy the Land • Practical Steps for Granting a Covenant • Appendix A: Tax Implications • Tax Treatment of Dispositions of Capital Property • Donating Property to a Charity

• Selling Property to a Charity • Other Taxes to Consider • Appendix B: Due Diligence when Transferring Land • Defining the Land and Its Owners • Restrictions on the Transfer of Land • Restrictions on the Transfer of Property Other Than Land • Glossary The Foodlands Cooperative of BC is a communityservice cooperative founded in 2017 with the mission to secure land in trust and promote the protection and stewardship of food-provisioning lands across BC. It works with landholders, farmers, local communities, and leaders in the agricultural and land-trust sectors to develop and support diverse models of communitymanaged foodlands and build healthy local food systems. s Natasha van Bentum, CFRE (Ret.), is a long-time outreach and legacy advisor to environmental organizations, conservation groups, and land trusts. Her project Give Green Canada, publishes “Green Legacies: A Donor’s Guide for BC.” Editor’s note: This is a follow-up to Natasha’s article “Obstacles and Opportunities: BC Farming for a Green and Healthy Future” in the Winter 2019 issue of The Scrivener, Vol. 28, No. 4.

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

TM

willpower.ca/charities/the-victoria-foundation

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BC Notaries Association

Volume 30, Number 3, Winter 2021

ADVANCE CARE

Advance Care Planning is for Everyone Are you Ready to Help?

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ust like estate planning or financial planning, advance care planning (ACP) for health care and personal care is an important pillar in overall life planning.

Legal professionals like Notaries are a valued source of information and guidance when it comes to all kinds of life planning. BC Centre for Palliative Care has many easy-touse resources when it comes to advance care planning, to help every step of the way.

Kathy Sheng

considerations for advance care planning. Knowing that the loss of decision-making capability in the advanced stages of dementia is more certain, the person has a finite window of time to maximize advance care planning options.

Although advance care planning can benefit everyone, regardless of age or health, it’s especially important for people living with serious illnesses such as dementia to begin the process

dvance Care Planning A is for Everyone The Centre is making advance care planning resources more accessible through a series of ambitious projects. ACP resources have been culturally adapted and translated into Punjabi, Traditional Chinese, and Simplified Chinese to serve some of the largest cultural groups in the province and work is underway to adapt and translate the resources into Hindi.

The Centre has also adapted its resources to the growing population of people who are living with the early stages of dementia, and their family and friends. There are unique Volume 30, Number 3, Winter 2021

as soon as possible. People with dementia can prepare for their future care and stay involved in decision-making through advance care planning, especially when they are supported by the people they trust.

The Scrivener | www.bcnotaryassociation.ca

Resources The Centre has a comprehensive suite of resources designed to take you and your clients through all aspects of advance care planning and offers general information about advance care planning in English, Punjabi, Simplified Chinese, and Traditional Chinese.

Resources for individuals: especially older adults (65+ are most at risk for dementia) and people living with early stages of dementia: • My Wishes, My Care: Advance Care Planning Information Booklet walks clients through the three steps of advance care planning, Think, Talk, Plan. The booklet also contains a flowchart illustrating how health-care decisions are made in BC, and checklist of resources to help individuals get started on their advance care plans.

• W hat you need to know about standard representation agreements (section 7): Guide to understanding the standard representation agreement.

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©iStockphoto.com/Poula Thorsen

• What

you need to know about enhanced representation agreements (section 9): Guide to understanding the enhanced representation agreement.

Three-step process to advance care planning

information and resources to help them get started: • Q uestions-and-answer-tool to help engage individuals (e.g., older adults and people living with early stages of dementia) • Question-and-answer-tool to help engage family/friend caregivers By assisting your clients to begin this vital planning process, you can help ensure they get future care that aligns with their values, beliefs and wishes. For advance care planning resources, visit bc-cpc.ca/acpresources.

Resources for family/friend caregivers: • You’ve

been asked to be a substitute decision-maker, now what?: Guides family members and friends to understand the role, rights, and responsibilities of substitute decision-makers in BC and contains step-by-step information to help them prepare for their role.

Questions and answers you can integrate into your interactions with clients to raise awareness about advance care planning and share

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The BC Centre for Palliative Care (www.bc-cpc.ca), a provincial nonprofit created by the Ministry of Health to accelerate improvement in palliative care in BC, is at the forefront of championing advance care planning for every adult in British Columbia. For questions and enquiries, contact office@bc-cpc.ca. s Kathy Sheng is Project Manager for the BC Centre for Palliative Care.

Fall 2121 — Seniors

Thank you for such an informative publication! I just finished reading the Fall 2021 edition on Seniors and found so many useful insights inside.

You addressed many things I am encountering in my own life right now as we deal with my wife’s ageing parents. The articles provided valuable information on what to do now, and what to expect down the road. The writers talked about not just Wills or points of law or paperwork (though they did that, too) but also compassion for their clients and families as they navigate the later years of life.

Kudos for a great publication!

This initiative is supported by funding from the Public Health Agency of Canada. The views expressed herein do not necessarily represent the views of the Public Health Agency of Canada.

BC Notaries Association

Paul Dwyer is a new reader of The Scrivener.

Volume 30, Number 3, Winter 2021

HISTORY OF BC

Richmond’s McKinney House from the Sears Roebuck Catalogue Ron Hyde

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ichmond pioneers James and Jane McKinney bought 80 hectares of Richmond farmland. McKinney was interested in plantbreeding and developed the loganberry, a cross between a blackberry and a raspberry, that grew well in Richmond soil.

During the US Prohibition, McKinney purchased a small California winery and moved the wine-making equipment to his Richmond farm. He named the operation Myrtena Winery after his daughter Myrtle and his daughterin-law Christina. The winery made up to 600,000 gallons of loganberry wine each year from 1924 through 1934 when it closed.

Myrtena Winery Courtesy Canadian Museum of History

Volume 30, Number 3, Winter 2021

While the loganberry farm flourished, the mosquitos also did well in the swampy land. James moved his family back to Vancouver in 1908, then back to Richmond’s Lulu Island. Jane McKinney had been adamant that any return to Richmond would only be to the most luxurious home in town. James could afford it; he was a businessoriented man, operated a winery, was the local undertaker, and was active in the early land development in Steveston.

In 1911, the Sears Roebuck catalogue offered a basic house package that included the construction lumber, all the interior woodwork, building paper, eavestroughs, hardware, and painting materials; the package would arrive with each board and nail numbered—to be put together much like a jigsaw puzzle.

The catalogue promised that, allowing a fair price for labour, a 9-room, 3-storey house could be built for $2130. The company paid the customers’ train fare to its Chicago warehouse so they could select from many extras including a solid-oak dining table and extension for $6.65, and a 56-piece gold-burnished dinner set for $7.48.

Sears Roebuck sold approximately 45,000 homes through its mail-order system between 1908 and 1938. The buyer could purchase just the house plans The Scrivener | www.bcnotaryassociation.ca

and have a local builder do the basic framing.

McKinney House on Steveston Hwy. Courtesy Richmond Archives

McKinney bought the plans from Sears Roebuck, obtained knot-free lumber from New Westminster’s Fraser Mills, and hired two builders to construct the frame. With the basic framing completed, McKinney purchased special options from the Sears Roebuck Chicago warehouse for his new mansion—doors, windows, mirrors, light fixtures, railings, a cast-iron bathtub, and lovely beveled-glass windows at a cost of $2026.

The McKinneys were active in the United Church, the School Board, and the Liberal party.

Located at No. 2 Road and Steveston Highway, the house was a showpiece in Steveston for many years. In 1948, the McKinneys sold the home to the Scollon family who attempted to sell the property in 1991 to a developer who agreed TABLE OF CONTENTS

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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.

to sell the building to historian and retired architect Curtis Eyestone for $1—providing the land could be commercially zoned. The Council said no and kept the zoning residential.

The house continued to deteriorate. A gang of bikers broke in and started a fire on the main floor; fortunately the men in the firehall across the street saw the flames and extinguished them before too much damage was done. Vandals smashed windows and ripped out fittings. No heat was on over the Winter so the piping and decorated radiators burst.

Architect Eyestone finalized his $1 offer and received Council permission to move the house to his property on Dyke Road, adjacent to London Heritage Farm.

Some of the Requisites for Becoming a BC Notary • Undergrad degree with a CGPA not less than 3.0 • Strong entrepreneurial spirit

The house was fully restored on its new lot. The lovely historic home overlooking the south arm of the Fraser River is still located adjacent to London Heritage Farm at 6511 Dyke Road.

• Strong communication and people skills • Dedication to community and serving the public • High degree of honesty and integrity Map showing original location of McKinney House and new location

BC NOTARIES ARE RESPECTED IN THEIR COMMUNITIES.

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The house had to be prepared for the move—7500 bricks removed from two chimneys and all intact windows and frames removed and crated. All doors, radiators, and the steam-heat piping in the basement were removed to allow the house to be raised for moving. The spaces from the missing chimneys, doors, and windows had to be filled in, to prevent the house from collapsing. The basement walls and siding were removed and put aside to be reinstalled after the move. On August 7, the 4-km relocation took place in just over 3 hours.

All the restoration work was accomplished in a tight 3-week period.

• Interest in the practice of law

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

McKinney House on Dyke Road Photo courtesy www.historicplaces.ca

The 11.9-metre-wide house could not be moved down No. 2 Road as it was wider than the space between the utility poles on the sides of the road. The move was scheduled to go one-half-mile east on Steveston Highway, then south on Gilbert to Dyke Road. Crews were organized to move hydro poles and lines, phone and cable wires, traffic signals, highway signs, street lights, and dyke barricades.

BC Notaries Association

Next time you are coming to Richmond, have a look at the interesting London farm house and the lovely McKinney home next door. s Ron Hyde is a member of the B.C. Historical Federation.

References Time and Tide: The Settlement of Lulu Island’s South Arm Shore, Mary Keen City of Richmond Archives McKinney Restoration Project: Curtis Eyestone Vancouver Sun: Jes Odam, July 19, 1993 Richmond Review: April 23, 1994, article by Dovelle Buie for the City of Richmond Archives Richmond News: April 19, 2018 Steveston Museum Society www.communitystories.ca flickr.com/photos/claytonPerry/7151480483

Volume 30, Number 3, Winter 2021

WILLS

Dispelling 5 Common Myths about Wills

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eep your loved ones close—and take nothing for granted.

Those are among the heartfelt values now guiding baby Mary’s parents following a terrifying ordeal that saw the newborn girl face a battle for life at birth. Fortunately, the family was in the skilled hands of the neonatal intensive care department at BC Women’s Hospital that was supported by the generosity of donors to the TB Vets Charitable Foundation.

A year ago, Mary’s mother Amy underwent an emergency C-section after being rushed to hospital following an ultrasound. Mary was diagnosed with severe hydrops, a life-threatening buildup of fluids in her lungs and chest cavity. Many newborns with that condition do not survive.

After Mary’s birth, the medical team started their lifesaving work to drain the fluid. Inside an incubator, Mary was intravenously given antibiotics, fentanyl, and food. She was placed on the highest level of jet ventilator, meant to provide the most fragile newborns with a gentle and effective mode of ventilation.

Taking the situation day by day, Mary’s mom couldn’t help but Volume 30, Number 3, Winter 2021

notice that the specialized ventilator helping Mary breathe had been purchased with help from TB Vets’ donors. Among those donations was a legacy gift left in a donor’s Will.

Leaving a gift in a Will is a powerful act of generosity that can make a world of difference for charities. It is also a form of philanthropy that people may not realize is within their capacity to make.

According to research, there are five common myths about gifts in Wills.

Myth: I can’t support loved ones and my favourite causes.

Truth: A quick calculation can demonstrate that a small percentage of the estate left to charity still leaves plenty to support the loved ones.

Myth: I need to be wealthy to make a gift to charity in my Will.

Truth: Most charitable gifts in Wills are left by Canadians of average means and a charitable gift in a Will can go a long way toward reducing the amount of taxes on the estate.

Myth: Leaving a gift in a Will is complicated.

Truth: Leaving a gift to charity in the estate can be as easy as adding a clause to a Will. A BC Notary or a lawyer can take care of that task.

The Scrivener | www.bcnotaryassociation.ca

Jason Howe

Leaving a gift in a Will is a powerful act of generosity that can make a world of difference for charities.

It is also a form of philanthropy that people may not realize is within their capacity to make.

Myth: I’ve already written my Will and there is no going back.

Truth: A Will can be amended at any time.

Myth: I will not see the impact of the gift I make in my Will.

Truth: Most people will never be able to make as big a gift during their lifetime as they can in their Will, when the value of the estate is realized. But it is possible to see the impact of your future gift through stories like Mary’s.

Mary stayed on that donor-funded ventilator for a week before she graduated to other forms of breathing assistance and eventually to breathing on her own.

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George E.H. Cadman, Q.C.* 604 647 4123 | gehcqc@boughtonlaw.com 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

Uniquely West Coast™

If more Canadians realized the impact of gifts in Wills, we could see millions of dollars directed toward creating a better world.

It is something to think about seriously.

After that first week, Mary seemed to progress a little every day.

Gradually, the tubes came out, Mary took her first unassisted breath, and her parents heard her voice and held her for the first time.

Just over a month later, mom and dad were able to take Mary home— an incredible reward after a very tiring medical scare.

WESA has made sweeping changes.

Trevor Todd is an old hat (and trusted expert) at estate litigation who believes the new law is a game-changer- for his business and for your inheritance.

Call Trevor to get a jumpstart on the changes. He knows them inside and out. Plus he loves to listen and to talk- a lot.

In addition to being grateful for the dozens of experts from BC Women’s Hospital, the family is thankful to TB Vets donors who have helped arm the medical frontline in the fight for respiratory care.

It is through stories like this, stories of babies and adults whose lives have been saved or improved in so many ways, that we can see the power that people have to make a change through their Wills.

If more Canadians realized the impact of gifts in Wills, we could see millions of dollars directed toward creating a better world. It is something to think about seriously.

It is a powerful way to make a difference. s Note: The names have been changed to protect the family’s privacy.

Jason Howe, a former broadcast journalist, writes and oversees communications in the charitable sector.

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BC Notaries Association

Volume 30, Number 3, Winter 2021

Services a BC Notary Can Provide

ACQUISITION OPPORTUNITY — Notary Public Firm

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. Wills Preparation 2. Powers of Attorney 3. Representation Agreements 4. Advance Directives 5. Wills Notice Searches 6. 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

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

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. Marine Bills of Sale and Mortgages 2. Marine Protests 3. Marriage Licences 4. Mediation 5. 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.

Volume 30, Number 3, Winter 2021

The Scrivener | www.bcnotaryassociation.ca

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MEMORIES

Bob Reid

Walk Down the Mountain Originally published in The Scrivener in Fall, 2004

T

he Comox Valley Record of Wednesday, July 7, 2004, contained an article headed, “Cairn honors those who died in war, peace.”

The photo caption read, “Former Navigator Bob Reid, sole survivor of a crash in 1966, uncovers the cairn.” The article described the unveiling of a cairn at the Comox Air Force Museum Heritage Airpark, honouring members of 442 Squadron who died during war and peacetime missions.

I was invited by the commanding officer of the squadron to attend this ceremony as a special guest and to speak to the current and past members of the squadron and the guests at the ceremony. The air crash was the event that most influenced and shaped my life.

The following is part of my speech that day.

“It is a great honour and privilege for me to speak to you today on this hallowed occasion when

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we remember and honour the men and women of 442 Squadron who gave their lives in the service of their country. I would like to express my deep appreciation to Lt. Col. Colin Goodman for inviting me to attend as a member of the squadron’s extended family. My close relationship with the squadron has meant much to me as over the years; the squadron and I have participated in memorial services at the site of the air accident in which my fellow crewmates were killed many years ago.

The events of that day are etched so keenly in my mind, it seems like yesterday.

“In fact, it was 38 years ago—April 23, 1966, a Saturday morning— when I, as a young Flying Officer in the Royal Canadian Air Force, walked with my crewmates across the tarmac here at the base to board our aircraft, an Albatross BC Notaries Association

flying boat, for our flight that day—a day that began like many other days, nothing out of the ordinary.

The events of that day are etched so keenly in my mind, it seems like yesterday.

“I can still smell the air that morning. It had rained the night before and the wind was fresh and brisk, skittering the clouds against a deep blue sky. Across the Straits the mountains were covered with snow. Little did we realize that a few hours later, our plane would crash on the Hope-Princeton Slide site and only I would survive.

“It is important to us who are here today to remember and to honour those members of the Squadron who died on duty. I am here today to honour and remember my crewmates: (Flt. Lts.) Pete Semak and Phil Montgomery, (F/O) Chris Cormier, (LAC) Bob MacNaughton, and the passenger aboard that day, (S/L) James Braiden. Others are here to remember and honour loved ones, while others remember and honour ex-colleagues. And for those of you currently serving as active members in the squadron, it is especially important that you remember and honour these men and women because they are part Volume 30, Number 3, Winter 2021

of the history and tradition of the squadron and of the Canadian Armed Forces in which you so proudly serve.

I have recounted orally many times the happenings of that day— Saturday, April 23, 1966. I do so again to leave a written account for my newly born granddaughter, Emma.

in the wilderness. Then in January 1965 came the final training at the Operational Training Unit (OTU) at RCAF Station Trenton.

in 1968) at RCAF Station Comox.

fiancée Robin (now my wife of 37 years) was in nurses’ training in Kingston, Ontario, which was why all my preference postings were in Ontario. The decision was cast in stone so, in March 1965, I loaded my 1964 Volkswagen Beetle with all my worldly possessions—mainly books—and took off across Canada for Comox.

“Recently we watched on television At the completion of training, the ceremonies celebrating the big question was: where the 60th anniversary of the would we be posted? Maritime Canadian troops who landed Command or Transport at Juno Beach on D-Day. Command? What base? The Canadians across Canada Air Force allowed each of us paid homage to those valiant to submit three preferences soldiers who fought and died for our future posting. I was for our rights and freedoms. the only one who got none The men and women we of my preferences. I was given honour today did not all die the posting everyone else in battle against the enemy, wanted: RCAF Station Comox but they did die serving Queen on Vancouver Island. and Country. What greater When I asked why I Royal Military College of Canada (RMC) in Kingston, Ontario sacrifice can a person make had not received any of my in the service of one’s country? picks, the senior officer in charge The story starts earlier in the Their deaths remind us of the told me that because I came spring of 1965 when a “sprog”1 ultimate price paid by those who from British Columbia, he had navigator arrived at 121 Search serve and safeguard the people and Rescue Squadron (121 was done me the favour of sending of Canada. amalgamated into 442 Squadron me home. I explained that my “The dedication of this memorial cairn means a great deal to the friends and family members of the men and women of 442 Squadron whose sacrifice we commemorate today. They will live always in our memories and this memorial cairn will ensure they will be remembered as brave heroes of Canada long after we are gone.”

After graduation from the Royal Military College of Canada in June 1964, I received my wings in November 1964 as a long-range navigator at the Air Navigation School at RCAF Station Winnipeg.

The next month, I froze and starved on bush survival training in Jasper National Park—not at the Lodge but

I can still smell the air that morning.

It had rained the night before and the wind was fresh and brisk, skittering the clouds against a deep blue sky.

The Dedication of the Memorial Cairn

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I arrived at the airbase and within a few days was sent out on a search—thankfully with an experienced navigator aboard to show me the ropes. I settled in and flew on searches all over the province, usually searching for lost aircraft or overdue boats. The aircraft used for search and rescue missions was a twin-engine amphibian airplane called the Albatross, built by Grumman Aircraft Company.

exploded west of 100 Mile House, killing all aboard.

The men (there were no women on squadron in those days) with whom I flew were highly skilled, brave, and dedicated in carrying out their duties. One difficult and traumatic example of their abilities was when our para-rescue personnel were dropped into the crash site of the Canadian Airlines flight on which a bomb had

Another was when a helicopter descended into the treetops on the west coast of the Island to lower medical personnel to ground level to allow them to treat badly injured survivors at a crash site. If the rotating blades had struck the trees, the rescue craft would have gone down. For this courageous and outstanding feat of flying, the pilot

Grumman HU-16 Albatross

Dan Campbell was awarded the Air Force Cross.

Other flights and searches took me to Kodiak Island in Alaska, to Whitehorse and Yellowknife, and all parts of the province.

On CAVU days, the beauty of the land and sea was laid out before us to be admired and treasured. On miserable rainy and cloudy days, I’d occasionally talk a pilot into taking up the T-Bird (T-33 jet trainer) for SARAH (search and radar and homing) training runs.

We would burst out of the clag2 into brilliant sunlight on top of an everreaching bed of white fluffy clouds with only the tips of the highest mountains peeking through in the distance. My favourite memories were the water landings and takeoffs, either in the waters of Georgia Strait or on one of the Interior lakes.

Helping affluent families protect and grow their financial wealth.

DIXONMITCHELL.COM

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Volume 30, Number 3, Winter 2021

In 1965 I flew in the Abbotsford Air Show. To impress the crowds, we planned a JATO take-off. When we needed a boost to get airborne in a short distance, JATO (jet-assisted take-off) bottles were attached to the sides of the plane and fired as the plane started to lift off. A big flame would come flashing out and the plane felt as if some giant had kicked it in the rear. On take-off, however, a crosswind blew us over the dry, grassy infield so the flame set the grass on fire. Fire trucks and other emergency vehicles rushed to put it out. The crowd thought it was part of the display. It was impressive, though!

In April 1966, the squadron initiated a new crew system.

The old practice had been for the pilots, navigators, radio officers, and crewmen to have their own duty lists, so we usually flew with different people. Now crew lists were created so we flew with the same people all the time. The crew on which I was the navigator comprised pilots Pete Semak, the captain, and Phil Montgomery, co-pilot; radio officer Chris Cormier, who had arrived at the squadron with me from the OTU; and Bob MacNaughton, an experienced crewman with whom I had flown on several searches.

At the end of April, my crew was scheduled to complete a weekend training flight. We planned to fly through the Hope-Princeton into the Skaha Lake region and spend the evening in Williams Lake. On the Sunday, we planned to travel into the Rocky Mountain trench area and return to base by Bute inlet.

We had taken on a passenger.

Second Lieutenant James Braiden, a navigator from Trenton, arrived at the base for the annual checking out of the squadron’s nav leader Joe Scoles, who in turn would check out the rest of the squadron’s navigators. S/L Braiden was an Volume 30, Number 3, Winter 2021

old friend of the skipper; they had flown as a team in a “Canuck,” the CF-100, a fighter interceptor. Pete invited him to come with us on the flight.

We had taken on a passenger. Second Lieutenant James Braiden, a navigator from Trenton...

The morning of the 23rd dawned on a beautiful day. It had rained the evening before and the air smelled of sea and ozone. The wind was brisk, scudding the clouds along the skyline with the Coast Mountains behind them across the water. We arrived for the weather briefing and filed our flight plan.

Then prior to take-off, the aircraft was inspected inside and out and the instruments checked.

But the valley floor climbs rapidly in the pass. And the cloud cover was increasing.

Once airborne we headed for Vancouver airspace. The radio crackled with the air-traffic noises from the tower and other aircraft.

Navigation was simple because visibility was unlimited; the pilots could see far off into the distance.

Vancouver was easily identifiable because of the brown smog that always hung over it.

After we passed Vancouver, we turned eastward up the Fraser Valley and when over Haney, my hometown, we circled. My family The Scrivener | www.bcnotaryassociation.ca

and friends knew if they saw a search and rescue craft circle, it meant I was aboard. Cloud cover started to build as we progressed up the Valley to Hope where we turned to follow the Hope-Princeton Highway into the pass between the mountains.

But the valley floor climbs rapidly in the pass. And the cloud cover was increasing.

At approximately 1130 hours, we were approaching the site of the Hope-Princeton slide where on January 9, 1965, a minor earthquake caused the mountain to come sweeping down, burying four people who had been trapped in their cars by an earlier mudslide.

The mountain filled in the valley floor in the pass to a height 200 feet higher than before the slide and displaced Lake Outram.

As we were approaching the slide site, I was planning to get up and go forward into the cockpit to stand between the two pilots to get a better view of the slide. Usually when we were flying visually, I stood there but our passenger had preempted the position.

Instead I was sitting in the navigator’s seat, on the starboard side of the aircraft underneath the starboard wing, facing forward, with the radarscope in front of me. If I swivelled around, facing the rear, there was the nav desk on which the flight maps were laid out. On the starboard side of the aircraft were the radios and other instruments, all supposedly to assist me in determining the location of the aircraft with respect to the ground.

At this moment, however, the intercom squawked and I was asked how far ahead I could see on the radar. We were close to the ground; I could see only a short distance ahead on the scope. Travelling at 150 knots, that was not far at all.

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The next and last call over the intercom was for “max power.”

The panic in the voice brought me immediately alert, then the throttles were thrust full and the plane banked to the left. Now I came wide-awake because I knew we could not turn the plane in the narrow pass. I looked out the window on the port side and saw the wing taking off treetops.

I instantly knew I was going to die. No one survives a plane crash onto a mountain. My life did not pass before me. Instead I experienced a crystal clear, cold realization that I was going to die.

Then the plane banked again, this time to starboard and it started to slip into the mountain. The impact of the boat hull hitting the rocks caused loose gear to fly past me.

A glimmer of hope sprung up? I thought the plane was going to land on the mountain. A rough landing for certain, but I had experienced rough water landings. It was a chance to survive.

Just then the plane dug deeper into the rocks and started to break up. The impact forced my face into the radarscope. My last conscious thought was of my nose and eyeglasses breaking.

The aircraft was then torn apart on the mountain. There had been no possibility it could have landed intact. But at the time I was unaware of this. I had been knocked out.

My revelry ended when some part of the aircraft beyond my space blew up. A large hunk flew past my head and I realized I was alive.

The panic in the voice brought me immediately alert, then the throttles were thrust full and the plane banked to the left.

A quick inspection revealed a flying suit in tatters, from my chest to my ankles; the exposed skin on my stomach and legs was red and raw. My hands were bleeding, as was my nose and mouth; all my front teeth had been knocked out.

But there was no pain. There was an iceball in my stomach keeping the pain at bay. What I did not realize was that I had been severely burned—on over 50 percent of my body.

When I came to, I was standing up, my left arm resting on a large boulder; I was enveloped in a white, misty fog with visibility limited to a few feet.

When I came to, I was standing up, my left arm resting on a large boulder; I was enveloped in a white, misty fog with visibility limited to a few feet. I was alone. The aircraft and the others were not there. I was floating in space and I thought I was dead. For a long time after, I still could recall that eerie feeling.

My immediate reaction was to call for help to find out whether other crewmembers had survived.

No one answered. I thought they were either dead or badly injured; I had to get off the mountain and get help.

I had no idea of how much time passed. My mind wondered what was to happen now that I was dead.

No one knew where we were.

We would not be found until the cloud cover lifted and it could

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last for days. As it turned out, two people at the viewing site heard the crash but could not see anything because of the cloud cover. They heard my cries and went down the highway to get help. Four miles toward Hope, they encountered RCMP Cpl. Lorne Weme, who was on highway patrol.

In the meantime, I started walking down the mountain, trying to make headway among the rocks.

At one stage my wristwatch fell off (the strap had been burned through); I remember thinking what a strange thing that was to happen and continued on my downward trek. (The watch presumably is still on the mountain.)

The rocks on the slide area became too difficult for me to climb around so I angled into the trees on the west side. Progress was better but fatigue was taking its toll and the iceball was growing bigger.

I decided to lie down on a fallen log and rest. But at the back of my mind, something warned me that if I fell asleep, I would die. For the first time since I became conscious, I became frightened I would die.

I had to get off the mountain. I had to get help!

I struggled downward until ahead of me, I could see the road.

I stumbled out of the trees and shrubbery on the side of the road, just west of where the highway veered sharply south toward the other side of the valley floor around the slide site. A large car was passing as I stumbled out of the shrubs and trees on the side of the road. I waved vigorously, but it did not stop.

Discouraged, I sunk onto the sandy shoulder of the road and unfortunately got sand particles into the burn areas on my legs.

Weeks later in hospital, a doctor cursed me as he picked out each grain with tweezers to prepare for Volume 30, Number 3, Winter 2021

skin grafts. Meanwhile time passed and I waited on the shoulder—for how long and for what I don’t know—then a car came around the corner. It stopped and someone got out. Mark Gibbs was on his way to UBC when he came across a figure slumped and bleeding. Then Cpl. Weme appeared on the scene and off we went in his cruiser to the Fraser Canyon Hospital at Hope.

helicopter, the same helicopter that retired this year at Comox from active service with the Armed Forces. I do remember landing, though. I did not know at the time that it was at Shaughnessy Hospital, a Department of Veterans’ Affairs hospital in those days. I remember being bundled up tightly and not being able to see anything: I was in a Search and Rescue stretcher.

On the drive to Hope, I don’t remember much. I remember telling Cpl. Weme there were five other persons still on the mountain and that he must contact Search and Rescue to inform them what had happened. I also remember the wild ride down the highway with the siren screaming and the tires squealing as we took corners on two wheels. I yelled at him that I had been in one crash that morning and I did not want to be in another one. I also asked him to talk to me because I did not want to lose consciousness; the iceball was no longer working and I was getting colder.

The police cruiser had not even come to a full stop when I was out and stumbling into the hospital where help was waiting.

Instinct told me that if I could get into the hospital, I would be all right.

The police cruiser had not even come to a full stop when I was out and stumbling into the hospital where help was waiting. Instinct told me that if I could get into the hospital, I would be all right. I never realized I was seriously injured.

I remember doctors and nurses hooking me up to various bags of fluids. Before losing consciousness, I asked the doctor if he would call my family but not to talk to my mother. He called and my mother answered the phone. He asked if anyone else was in the house and my brother Larry took the phone to receive the news of what had happened. My family drove up to the hospital where they were told I was badly injured and the doctors could not tell them I would survive.

I don’t remember being taken out of Fraser Canyon Hospital and put into a Search and Rescue Volume 30, Number 3, Winter 2021

I was placed on the ground and someone was hovering over me.

I was asked, “Are you Protestant or Catholic, son?” The priest was prepared to give me the last rites.

I answered, “Neither, Father.” The voice replied, “God bless you, my son,” and I could sense he moved away from me. I had officially changed my religious designation to agnostic at RMC. It was a feeble protest against the strict rules and regulations of the College and, at the time, I fancied myself a rebel—at least as much as anyone in military college could be. It did get me out of attending church, even though attendance at church parade was compulsory.

The sojourn in the hospital is another story that should be written—perhaps some day. For 6 weeks after the 23rd, I was in and out of consciousness. I survived and later that year, returned to Comox for a short visit. There I The Scrivener | www.bcnotaryassociation.ca

discussed with the squadron how I had survived the crash. Everyone thought I was in the tail section of the aircraft because only it and the left wing were intact. Everything else was in pieces.

One of the first people to reach the crash site was George Sowden, owner of the nearby Sumallo Lodge.

He described what he saw. “There were bits of wreckage around a 1500 foot area” and “the mountain is covered with oil spots that have flashed and burned.” In fact, even today, if you look up the mountain, it glitters on a sunny day from the thousands of pieces of aircraft metal that remain scattered on the crash site.

In reconstructing what must have happened that day, the only logical explanation and the one I have recounted over the years is this one: When the aircraft slipped into the mountain prior to being ripped apart, the starboard wing dug in and was torn from the fuselage of the plane. This initial impact also knocked me unconscious and as I sat slumped in my seat, the port wing—full of aviation fuel—exploded. Its fireball blew me out the hole in the side of the aircraft created when the right wing was torn off.

The force of the fireball countered the forward momentum of the aircraft so I was not smashed to bits by the force of hitting the rocks on the mountain. Plus, I was breathing out when the fireball hit me so the heat did not sear my lungs. Those events had to occur in this exact order for me to survive the crash. Tragically my crewmates and our passenger did not survive.

But every 5 years, a memorial ceremony at the viewing area near the crash site is held to honour their memory. s Bob Reid is Associate Professor Emeritus of Law. TABLE OF CONTENTS

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I give to my community and with Vancouver Foundation, my giving lasts forever.

78 years ago, a single gift started Vancouver Foundation and that gift is still making a difference in the community today.

We can help you create a fund that gives forever.

Get started at vancouverfoundation.ca/create or call Calvin at 604.629.5357

To find your local community foundation visit communityfoundations.ca

Photo credit: Jaslyn Thorne

TECHNOLOGY

Tech and Auto Logitech C930e Webcam I believe by now, we are all somewhat weary of the emails that provide details of our next online meeting.

We are Zoomed out . . .

The sad reality is that for the near future at least, some meetings will only be taking place in front of a camera and screen.

I have mentioned here before how important it is to sit in front of the best monitor you can afford, and now it’s just as important to utilize the best camera you can, to show the best of yourself to the rest of the world.

The 90-degree field of view and 1080p resolution means you will not have to sit still and dead-centre like a mannequin, you will be able to move around. That is helpful when you review a file with your online contact and you need to reference different documents in paper or electronic format. The 4x digital zoom means you can take control of what people see during calls and is perfect when the camera is used in a Boardroom setting.

A nice touch is there is a privacy shutter that can be attached when you’re not using the webcam, to give you additional privacy and protection.

Logitech has been making computer accessories for as long as I can remember. Their high-definition webcams have been a standard since they were introduced; Logitech HD Webcam C930e is a great choice for business—and casual—users.

While things have quieted down on the consumer webcam front, with most people using the perfectly adequate webcams that are built into their laptops, tablets, and smartphones to Skype and VOiP, the C930e is specifically designed for business use. The moment you start using a high-end Logitech webcam, what you’re paying for becomes obvious. Low-light and backlight, for example from a winder, are handled with ease on this unit.

Volume 30, Number 3, Winter 2021

Akash Sablok

Almost all apps are supported and the Logi Tune allows for “tuning” the webcam for Google Meet, Teams, and Zoom. The business focus isn’t just superficial, however, with excellent audio quality and noise cancellation technology that picked up our voices even in a noisy office. The two omnidirectional mics also mean you’re not screaming to be heard.

Installation is a breeze—plug it in on a PC or Mac and it will set itself up. The stand it comes with is easy to attach and adjust to almost any monitor or laptop, so you can quickly ensure you get the best view possible. www.logitech.com | www.staples.ca MSRP $169.99

The Scrivener | www.bcnotaryassociation.ca

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2022 BMW 330e Sedan With recent extreme weather events occurring here in Southern BC, the debate in our household of what is better—fossil-fuel cars or electric cars—has, well, heated up.

As BC implemented limits on fueling, 30L at a time, many electric vehicle owners simply grew their smiles, and smirks. I see you and kindly remind you that the electric outlet you use to charge your vehicle at night could suddenly become a decoration piece if the power goes out.

A plug-in hybrid (PHEV) is the perfect vehicle for someone who wants a little EV goodness but isn’t ready to make the fully electric commitment—the best of both worlds. The BMW 330e is that and more, as it’s a perfect-sized small sedan, not too small where your stuff and other humans can’t fit in, and not too large that parking becomes a 20-minute task to be feared. The 3-Series also features some autonomous driving aids that help at lower speeds in town, such as the reversing assistant. It can even drive the car for you, reversing back the way you came should you, say, get blocked in an underground car park.

The rear-drive version plug-in-hybrid variant has a combined estimate of 8.3L/100km (34 mpg) and an all-electric range of 37 km.

Combined with gas, the total range is 486 km. The all-wheel drive versions drop the range by 5 km. The paired 2.0-litre turbo-4 cylinder with a battery and electric motor provides a combined output of 288 horsepower, with power hitting just the rear wheels or all four wheels (xDrive) via an 8-speed automatic. For some reason, steering paddle shifters are a $2000 option on that BMW. Paddle shifters or not, the electric and gas engine can help you reach 100 km/h from a standstill in about 5.6 seconds.

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The 3-Series is plenty practical for hauling either passengers or cargo. In the trunk, you’ll find 481 litres of space, and the rear seats fold down to accommodate larger items. The plug-in-hybrid 330e has a slightly smaller cargo area due to the battery, measuring in at 368 litres. The rear seats are spacious enough for a small family.

The high-voltage battery provides 12kWh of power and charges in just under 3 hours on a 240v connection.

A standard 120v plug will take 6 to 7 hours. Once charged, the driver has plenty of driving modes to choose from, ranging from super-efficient (yawn) to performanceabove-all (yay!).

Electric mode is for pure EV driving and is only available when there’s a charge in the battery. Eco Pro maximizes efficiency, while Hybrid blends gasoline and electric power for the easiest everyday driving. Sport puts everything on full attack and will allow the 330e to sprint like a lion in hunt mode.

This is not your grandfather’s electric golf cart.

More goodness for the driver, and the passengers on the inside, you can plug-in and utilize/charge almost every known portable device as this BMW has wireless device charging and USB-A port/12volt outlets and USB-C ports galore. Plug in those coolers for keeping the pop cool!

Spend a little more and your car will include a detailed head-up display, customizable ambient interior lighting, heated front and rear seats, remote start, and wireless charging.

BC Notaries Association

Volume 30, Number 3, Winter 2021

Your eyes will enjoy the 10.3” iDrive 7 infotainment system screen in the centre console. The system is more powerful than ever before, with tons of menus and sub-menus. Yes, I wasted a lot of time going through each and every feature; in reality most owners will only use 20-to-30 per cent of them. Wireless Apple CarPlay and Android Auto are standard—thank you, BMW.

WELCOME ABOARD!

BMW’s Gesture Control gives driver or passenger command input with hand gestures. My patience lasted about 2 minutes with it and I am sure the person in the car beside me enjoyed my hand-in-the-air-waving antics.

Keeping everyone and everything safe, this 330e comes with standard driver-assistance technology, providing only forward-collision warning and automated emergency braking.

BMW has improved outward visibility with this 3-Series as side and rear views are less obstructed than before.

The debate of electric vs. gas will continue, but I truly believe that PHEV’s are the best of both currently.

And with the luxury and convenience of the 330e, it’s a winning combination.

MEMBERSHIP HAS BENEFITS:

• JOIN A GROUP OF LIKE-MINDED PROFESSIONALS • COURSES & WEBINARS TO CONTINUE YOUR

www.bmw.ca

EDUCATION IN THE INDUSTRY • NETWORK WITH LEADING INDUSTRY EXPERTS

MSRP Rear-Wheel Drive: $44,950 xDrive: $57,889.26 s

BECOME A MEMBER TODAY! LEARN MORE AT: www.cmbabc.ca | 604.408.9989

Notary Public Akash Sablok practises with his father Tarlok in Vancouver. Akash is a Life Member of the Board of Directors and served as President of The Society pf Notaries from 2013 to 2015 and Chair of The Notary Foundation from 2015 to 2017. When he’s not assisting clients with their notarial needs, he spends time with family and plays with tech and cars.

Volume 30, Number 3, Winter 2021

The Scrivener | www.bcnotaryassociation.ca

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PEOPLE

Leanne Susan Rebantad

Greg Litwin Honoured a Second Year in a Row

November 24, 1952, to October 24, 2021

Born in New Westminster, Leanne grew up in Port Moody and lived most of her adult life in Powell River. Commissioned in 1989 after a career in real estate, Leanne was passionate and proud to be a BC Notary. While working at The Society office on the PAL line, she spent the last number of years commuting between her waterfront home in Powell River and her West End condo in Vancouver.

She passed away quite suddenly in St. Paul’s hospital following a diagnosis of cancer this Fall. Always adventurous, Leanne took advantage of any travel opportunity, participating in Notaryrelated conferences to Greece, Mexico City, Hawaii, and Ireland, to name a few. She also enjoyed travelllng to Haida Gwaii and the Northern Hebrides islands. Leanne is survived by her sons Tony and David.

Greg Litwin was recently voted Best Notary Public of the South Okanagan for the second straight year in The Keremeos Review and Summerland Review.

“I was delighted.

My thanks to my team Kim Ehlers, Eliza Nowek, and Jamie Tompkins– Kirshner, who share in this award.

Thanks to all who voted for us!”

BC Notary Greg Litwin is delighted to have been chosen by the people—Best Notary Public in the South Okanagan, Summer 2021!

Could not have achieved this award without the help of my assistants Kim (L) and Eliza (R).

A fantastic team!

Where in the World Has The Scrivener Been?

Birth Announcement Freya Holten born August 23, 2021

Meet Vancouver Notary Rosalyn Mow and beautiful Freya Holten, 3 months.

Freya is also the sweet daughter of Jeff Holten and dear granddaughter of BC Notary Susan Tong and Charles Mow. The Scrivener accompanied Susan Antoniali and Brenda Southam to Aloette Lake to enjoy a great Fall weekend!

Freya’s current favourite pastimes are rolling over, and smiling at others.

Send us a photo from your next trip! scrivener@bcnotaryassociation.ca

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Volume 30, Number 3, Winter 2021

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Insurance by FCT Insurance Company Ltd. Services by First Canadian Title Company Limited. The services company does not provide insurance products. This material is intended to provide information only.

For specific and exclusions, refer to the applicable policy. available upon request.

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