Î This edition of The Scrivener highlights BC Notaries in their home commu nities.
Like many small-to-medium businesses, Notaries give back to their local communities through volunteering or involvement in service organizations. Contributing in that manner helps build relationships and trust and is truly mutually beneficial.
As a longtime volunteer in youth sports, I recognize how essential my participation is to the organizations’ ability to operate cost-effectively—and the value that sporting opportunities bring to mental health and well-being.
I hope you enjoy learning about how Notaries in your area of the province make community involvement a priority.
This edition of the magazine will also share highlights from the BCNA Continuing Education Conference that took place in Vancouver in April 2025. With the support of the BC Notary Foundation, we were able to offer a hybrid virtual-and-in-person event.
At the very well-attended in-person event, we were pleased to have our sponsors and exhibitors in attendance at the Vancouver Marriott Pinnacle Hotel. Sid Singh, the interim CEO at Dye & Durham, a BCNA partner organization, personally greeted and met with Notaries.
We were also delighted that Deputy Premier and Attorney General, Minister Niki Sharma, could attend and speak with Notaries about implementation of the Legal Professi ons Act.
The Conference also provided the BC Notaries Association an opportunity to present to members the newly adopted Strategic Plan.
Following
y a detailed survey of our membership;
y interviews with stakeholders; and
y a workshop held with the BCNA Board, staff, and members at large;
a plan toward 2030 will see the BCNA focus on
y advocating for Notaries in the transition to a single regulator for the legal professions in BC;
y promoting the work BC Notaries provide within the legal system, and
y the ongoing role the Association has in the continuing education of Notaries as we move forward with the implementation of expanded scope-of-practice for Notaries, enabled within the Legal Professions Act.
The role of the BCNA remains critical. We are grateful for the support of Notaries from throughout the province as we move toward a new regulatory environment for Notaries, paralegals, and lawyers.
Finally, while the world around us may seem more challenging than ever, I would urge you to make plans and take time for yourself to enjoy the Canadian Summer that lies ahead!
Unplug in your own backyard or travel to the province that's always been on your bucket list. For me, I have a road trip to the Okanagan in mind. The sunshine, the lake, and visiting some of the best wineries our country has to offer are experiences to which I am looking forward!
Respectfully,
Chad Rintoul
CHAD RINTOUL
Beyond the Seal
How BC Notaries Are Giving Back to Their Communities
Î In 2026, BC Notaries will have stood for 100 years as trusted public officials and guardians of legal integrity, impartiality, and due process.
Beyond the Seal and the signature, lies a growing movement of Notaries using the strength of their professional experiences to uplift, support, and inspire the communities they serve.
Our recent Notary Conference was a resounding success—bringing together a great many Notaries, staff, and family members from across the province. In the dynamic weekend of learning, networking, and collaboration, it was wonderful seeing so many new and familiar faces . . . and catching up with colleagues.
Our education conference showcased the evolving role of Notaries in noncontentious legal matters and real estate services. All the sessions were designed to enhance the skills and knowledge of Notaries and to reinforce the high standards that define the Notary profession in British Columbia.
What stood out for me was the powerful reminder that BC Notaries are not only highly valued legal professionals, we are community-builders in the areas in which we live and practise.
In speaking to my fellow Notaries at the Conference, I learned how many of them are involved in giving back to their local communities in such diverse ways. I was proud to hear how many contribute beyond their professional function.
Their work often extends well beyond the office, reaching into
neighbourhoods and making a tangible difference to the lives of the people around them. BC Notaries serve on local and provincial Boards, volunteer for charities, coach youth sports teams, deliver education sessions, and support civic initiatives and other activities.
Many Notaries also give back within our profession as mentors to new Notaries—a fine example for future Notaries to perpetuate the momentum.
As the profession continues to grow and evolve, BC Notaries remain grounded in their mission to help others. Whether it is through mentoring young professionals, fundraising for local causes, or leading recreational programs for youth, Notaries across the province are making meaningful contributions. Their communitybased approach is a cornerstone of our profession.
Maya Angelou said, “People will forget what you said, people will forget what you did, but people will never forget how you made them feel.” Through their outreach, leadership, and expertise, BC Notaries are participating in making people feel supported and stronger.
Being a Notary Public is about helping individuals in many of their important life moments. That spirit of service naturally extends into community involvement.
I encourage all my fellow Notaries to continue working to make a difference.
Regards, Rimpy Sadhra, West Coast Notaries
Maya Angelou said, “People will forget what you said, people will forget what you did, but people will never forget how you made them feel.”
RIMPY SADHRA
Our Spring Theme is Giving Back . . .
• Volunteering
• Charitable Giving
• Contributing Expertise, Time, and/or Money
• Sharing the Wealth
Î As an in-person action or a remote donation, your contribution may be given once in a while or established as a meaningful, ongoing commitment.
NEXT TIME
The theme of our Fall Scrivener supports Make-a-Will Week (October 20 to 26), promoted annually by the BC Government to encourage people in our province to create and update their Wills.
Giving Back, Forward
Î There is a very longterm tradition of giving back in North America. Some of the Indigenous teachings include the values relating to “self and others.”
That is, you have a responsibility to your community and to do so, you need to be strong, thus keeping yourself balanced in spirit, intellect, emotion, and physically to serve yourself and others.
There are also teachings regarding decision-making and one’s actions that take into account “Seven Generations.” I sometimes understand that concept as having known my mother, grandmother, and great-grandmother; if I am lucky, I will be able to know my daughters’ grandchildren. My mother was able to witness 7 generations in her 100-year life.
Another way to interpret the concept of 7 generations is to ensure one’s actions will not tarnish the future for at least the next 150 years—7 generations.
Who I Am?
I believe we are unique compilations of all we have experienced in life— transforming almost daily with the information we consume, the environment we inhabit, the heavens and hells we’ve witnessed, and the technology that shapes us. All that data builds on what we have studied, sights we have seen, and other people we have known, in one way or a nother.
I don’t know exactly when I first became aware of the thousands of others who came before me, literally passing on the DNA I have enjoyed for many decades. I am just appreciative of their survival ability and how they
educated themselves in their own times, how they provided for themselves and their families, and for many like me who followed.
In countless ways, I think of them as having given back to me in their past lives, even their concepts of their pasts, their transformation, and their continuation to this moment.
I have read many books, been changed by films and other art, moved by music stretching back centuries, stories drifting back even further, millennia? Those influencers might not be direct kin, but, in many ways, I consider them my ancestors.
I tell myself and my daughters that in adversity, and even in more gentle times, to stand strong “knowing that your ancestors stand with you.” That, I believe, is another Indigenous teaching worth practising. It is one I have carried in absolute splendor, in glorious landscapes I’ve longed to share, as well as in conflict environments, knowing that what I was witnessing had been witnessed many times before.
Nobel ideas are worth giving back, invisibly carried like unfurled banners waving brightly, signalling the best of our values and ideals, then passed forward. There are many of those banners that I consider and pass on. Some represent democracy, others the rule of law, justice, freedom, and responsibility. Even fair play has a banner worth passing on.
Being an immigrant a few times, I have always liked Thomas Paine’s idea of “The World is my country, all mankind are my brethren, and to do good is my religion.” That to me is banner worthy. There are many
NIGEL ATKIN
Knowing that history repeats, I am confident the values and ideals I share in different ways will ensure they will evolve and wave in the future. The goal is that they are not suppressed by darker times or distracted neglect.
more—a banner each for free enterprise, another for charity. Many values are well noted in the world’s great books, from my parents' teachings. Yet, I carry no banners for greed, inhumanity, torture, and other sins.
Giving Back
How do I pass those banners forward to willing others, mostly youth, to carry forth? Knowing that history repeats, I am confident the values and ideals I share in different ways will ensure they will evolve and wave in the future. The goal is that they are not suppressed by darker times or distracted neglect.
As time goes by, I still teach, and have done so for more than 30 years, about the “battle space of ideas,” about “understanding vested interest and consequence,” the importance of research, analysis, critical thinking, and discernment.
Intentional communication has been a dominant subject in me, along with a few other things, like history and psychology, all relevant to “effecting change by murdering assumptions, so there’s room for growth.”
I also carve wooden art that ripples out and perhaps heals as art is wont
to do. The sale of those objects funds my “donor advised” philanthropy administered through the Victoria Foundation—in a small fund I created 15 years ago to serve Elders and Youth Tribal Governance, mostly for student bursaries, cultural support, carving, and grants supporting small family events.
I encourage reading widely, and writing of all kinds, in myself and others. I tell students that words are like pebbles tossed in water that ripples to distant shores, sometimes with unforeseen but mostly positive results. I also tell them that Blaise Pascal said that “to write without love is only paperwork.”
I consider myself someone who has carried numerous banners forward in my own history supported by my real and literary ancestors who carried them long before me.
Andrei Sakharov
As a messenger today, consciously passing the banners forward, I quietly hope that somewhere in the far, distant future someone in a different age recognizes, as I do now, that it is their duty to pass those and other banners forward, ones they are passionate about, that they carry and forward, in their own way.
I recently came across quotes by Andrei Sakharov, a Soviet physicist awarded the Nobel Peace Prize in 1975 for championing human rights around the world. “Intellectual freedom is essential to human society” and “the only guarantee against an infection by mass myths, that in the hands of treacherous hypocrites and demagogues, can be transformed into bloody dictatorship.”
In my writing this, and in your reading it now, we honour the banner he gave back, forward.
NIGEL ATKIN teaches the Evolution of Public Relations course online at UVic. He offers onsite workshops to leverage human capital and exploit the multiplier effect of becoming better communicators.
Philanthropy is Available to Everyone
Î I am humbled to be recognized for my social service for our community and honoured to be awarded the King Charles III Coronation Award by the Government of Canada.
Receiving the Coronation Medal was a profound moment for my parents and me as Canadians. Immigrants from Hong Kong, our history is deeply entwined with the legacy of the British Government.
It has always been my belief that no matter how old you are, where you're from, or what you have, everyone can make a dif ference.
Since high school, I have been volunteering for charity organizations like the BCSPCA and spent many weekends volunteering at the Community Policing Centre serving those in need in Chin atown.
you are, where you're from, or what you have, everyone can do their part to better our com munity.
A lot of people think philanthropy applies only to the super-wealthy; that's not the reality, however. Philanthropy is available to everyone.
Since then, I have been invited to sit on various Boards and Committees for S.U.C.C.E.S.S. Foundation, BC Children's Foundation, St. Paul's Hospital Foundation, and Lions Club. I have chaired charity galas and events throughout the years and raised over a million dollars collectively with the help of community support.
Although it is always fun to dress up for a glamorous gala, I wish to truly share my vision that no matter how old
y Community service of providing meals to those in need at soup kitchens in the Downtown Eastside, to collecting toys for toy-drives, or daily essential items for families are all forms of service that everyone can do.
I am a guest speaker with the Chinese Radio and TV Station and at the Richmond Public Library to share and provide BC Notaries’ important legal information to local seniors.
CHERYL KWOK
Cheryl Kwok receives the King Charles III Coronation Award
The most memorable event I have hosted was a charity Halloween bowling event last year, benefitting the BC Children's Hospital Foundation; we raised $70,000. The happiest part of the event for me wasn’t that the amount raised far-exceeded my expectations, it was because I was able to see people
THE BENEFITS OF LEGACY GIVING
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BC Women’s Health Foundation Legacy Donors
Why I Love Volunteering and Giving Back with the Fort St. John Hospital Foundation
Î I am Chair of the Board of Directors for the Fort St. John Hospital Foundation; people often ask me why I dedicate so much of my time to that role. The answer is simple: I love being a volunteer, it allows me to give back to the community.
At its core, our Foundation’s work is about people— improving lives and strengthening healthcare for everyone in our community.
An indescribable fulfillment comes from knowing that your efforts—big or small— can make life better for others. For me, volunteering isn’t just about attending meetings or organizing events; it’s about the people. It’s about seeing a family find comfort because their loved one is receiving care with the best equipment available. It’s about knowing that a new piece of technology we helped fund means faster diagnoses and better outcomes.
That’s the heart of why I do what I do. Being a part of the Foundation allows me to connect my passion for giving with tangible, life-changing results.
This year, the Hospital Foundation is celebrating 30 years of impact—3 decades and over $21 million raised to
enhance health care in Fort St. John. Every dollar we raise directly improves patient care, brings advanced medical equipment to our community, and supports programs that promote both physical and mental health.
But beyond the numbers, it’s about creating hope, building trust in our health care system, and making sure people can get the care they need close to home.
To me, volunteering and philanthropy are acts of love . . . lifting others up and helping create a healthier, stronger community for everyone. I’m proud to volunteer my time and energy because I believe in the power of compassion and collective action.
And with every project we fund and every life we touch, I’m reminded of how meaningful this work is.
NOTARY PUBLIC DESIRAE JEANNOTTE practises in Fort St. John.
DESIRAE JEANNOTTE
Giving Back and Paying Forward
Î An old tale tells of a wise man who always bought three loaves of bread.
One day the baker, curious about this habit, asked him why. The wise man explained, "One loaf is for today, one is to repay a past debt, and one is given away as a loan to be paid back in the f uture."
Seeing the baker's confusion, he elaborated: "The fi rst loaf is for my wife and me to enjoy today. The second is to give back to my parents, who raised me. The third is to invest in the future by feeding my ch ildren."
That simple story reflects a profound truth; a life well lived is not just about the present, but also about honouring the past and investing in the future. In the same way, true ful fi llment comes from both giving back and paying forward.
I was born in the Socialist Republic of Moldova, then part of the USSR, where volunteer work was largely mandated and closely monitored by the government. After moving to Canada, I was amazed by how much is achieved here through the generosity of volunteers and donors within their communities. The spirit of giving was something I quickly grew to admire and embrace.
During my early years in Canada, my focus was on supporting my family, learning the language, and re-establishing my legal career. After earning my Master of Arts degree in Applied Legal Studies from Simon Fraser University and becoming a BC Notary Public, I started my own Notary practice in Langley. It soon became clear that success (both professional and personal) is deeply connected to community involvement.
As I worked hard to build my business, I also began dedicating time to various community projects and nonprofit organizations. My journey started with volunteering on local Boards and associations; over time, my contributions were recognized with local, provincial, and federal awards. That, in turn, expanded the opportunities to share my experiences through speaking engagements, mentorship, and educational initiatives—all aimed at supporting the well-being of Langley residents and the community at large.
Some measure a person’s commitment to their community through fi nancial contributions. While fi nancial giving is important, I believe the truest demonstration of dedication is through devoting your time and personal efforts. Giving . . . your skills, knowledge, and effort . . . is one of the most valuable gifts you can offer. When people see others investing their time and passion into community work, it becomes contagious, inspiring them to do t he same.
My father used to say, "If you do something, do it with your whole heart! And if you want to change the world, start by making a difference in that square metre around you." When we genuinely care about others, we naturally leave a lasting impact on those we interact with—whether they are clients, colleagues, or employees.
One of my greatest passions, alongside assisting my community with noncontentious legal needs, is to enhance fi nancial and legal literacy and to serve the underprivileged whenever I can. That passion drives my desire to contribute to a stronger, more informed, and more connected community.
Beyond my involvement in my Canadian community, I have remained
LILIÁN CAZACU
Giving . . . your skills, knowledge, and effort . . . is one of the most valuable gifts you can offer. When people see others investing their time and passion into community work, it becomes contagious, inspiring them to do the same.
connected to my Moldovan roots and have had the privilege of helping many Moldovan immigrant families adapt to their new lives in Canada. A founding member and Board Director of the Moldovan Community Association in BC, I have also contributed to the establishment of the Local Immigration Partnership by serving on the Langley Immigrant Advisory Council.
I fi rmly believe the future success of our communities—and our country—relies not only on professional excellence, but also on our willingness to give back and pay forward. The foundation of a strong, thriving society is built upon genuine care for our community “neighbours.” When we approach both our work and our community involvement with heart and dedication, we create a lasting and meaningful impact.
P.S. Over the past 20 years, I have had the honour of serving in various organizations and volunteer positions, including the following.
y Legacy Committee Member, Langley Memorial Hospital Foundation
y President & Board Director, Fraser Valley Estate Planning Council
y Board Director & Planning Committee Chair, BC Notary Foundation
y Board Director, Society of Notaries Publ ic of BC
y Chair, Fraser Valley Notary Chapter;
y Langley Immigrant Advisory Council, Langley Local Immigration Par tnership
y Co-founder & Board Director, B.C. Moldovan Association
y Advisory Committee Member, LGLA program, Kwantlen Polytechnic Un iversity
y Board Member, Aldergrove Business Association
y Member, Rotary Club of Langley Central
y Board Mem ber, LCS
y Member, Langley Chamber of Commerce
BC NOTARY LILIÁN CAZACU, MA, PhDc, MJur, BCL, practises in Langley and Aldergrove.
Giving Back Through Education
The Anthony & Yumy Ng Foundation Award
Î At the heart of the Anthony & Yumy Ng Foundation is a simple-yetpowerful belief: Education opens doors—no one should be held back due to financial constraints.
Understanding the challenges many newcomers face, we established the Anthony & Yumy Ng Foundation Award to support aspiring accountants who are building their futures in Canada.
Each year from 2025, we partner with BCIT, VCC, SFU, UBC, CapU, TWU, Douglas College, and Langara College to provide a $2,500 scholarship to a newcomer student enrolled in an accounting program. That initiative will be ongoing for 10 years with renewal option—making a tangible difference in the lives of those transitioning into their careers.
Our goal is to ease the financial burden of education and empower students who show academic promise and determination. We recognize that adjusting to a new country while pursuing a demanding profession is no small feat. Many of our recipients face financial uncertainty; this award serves as a stepping-stone to help them focus on their studies and professional growth.
Beyond financial aid, the Foundation fosters a spirit of giving back. We take pride in playing a small role in shaping the future of dedicated, hardworking students. By investing in education, we hope to create a cycle of support where today’s newcomers become tomorrow’s mentors and leaders.
ANTHONY NG is a BC Notary and a CPA, CGA, practising in Vancouver.
By investing in education, we hope to create a cycle of support where today’s newcomers become tomorrow’s mentors and leaders.
ANTHONY NG
shutterstoc.com/ EF Stock
Giving Back and Moving Forward
Î I have been a BC Notary in Vernon for the past 42 years, a time that afforded me many opportunities to serve this community.
Joining Vernon Women of Business (VWIB) soon after I became a Notary, provided networking opportunities for emerging leaders to hone their business skills. In 2002 I was named Woman of the Year locally and Notary of the Year. Those awards acknowledged my investment in my community and became wind beneath my wings.
I was a Board member of the John Howard Society (JHS) that later became Turning Points Collaborative Society for 18 years. Initially JHS provided housing and reintegration training for men completing parole. The organization grew and changed into serving men and women in rehabilitation. Providing affordable housing with support for people who became street entrenched became a priority. Rent costs surpassing incomes increased the numbers of people requiring shelter services.
I was President of Pioneer Place Society for 14 years. With a very involved Board, we operated a 24-unit affordable housing complex for seniors in Enderby. That was particularly rewarding as the senior tenants really appreciated living in lovely, safe housing within walking distance of all amenities.
In 2005 I sold my Notary practice and since have been a Staff Notary on a part-time basis. With less daily responsibility, I was able to give more assistance to my elderly mother, care for a new granddaughter in 2007, and travel with my husband John. John developed Alzheimer’s in 2013 and remained in our home until his passing i n 2024.
I have had the privilege of mentoring two very capable women who were my assistants and later became Notary colleagues.
y Debra Burden is now retired and enjoying time with her family.
y Charlene Silvester continues in practice in Vernon.
Zoe Stevens and Chelsea Kramer gained from my experience as they built their own practices.
I am very proud of each of those women and the contributions they have made as Notaries.
In recent years I have enjoyed speaking engagements in the community. I encourage people to have their Personal Planning documents prepared well in advance of any need.
On March 1, 2025, I married Laurie MacKay. Despite being adamant we would not marry, our love became greater than our concerns. We look forward to a honeymoon in Australia, then he and I will make our home in Vernon. I will continue to work as a Staff Notary at Chelsea Kramer Notary Corporation with a goal of becoming the oldest practising Notary in BC.
It is a very fulfilling ca reer!
BC NOTARY PHYLLIS SIMON practises in Vernon
PHYLLIS SIMON
Giving Back by Going Back
Î One of our favourite ways of giving back at Wilson McCormack Law Group is by going back to our alma maters and sharing our experiences with students.
From Emily’s Perspective
I have had the privilege of mentoring several students thus far in their career development who are attending or who have graduated from the high school I attended. The school runs a knowledge-sharing program between participating alumni and students in Grades 10 and 11. I have participated in the program for a few yea rs now.
I share my experiences with the students with whom I am paired, regarding applying for and attending postsecondary education, and my career path as a lawyer. It is very rewarding to pass on this knowledge to students to help them decide where to attend university, which program to choose, and the career they will ultimately pursue.
I recall being in their position—it is a very exciting yet daunting time in life. The opportunity to speak with established professionals was critical to navigating my legal career path. The process can sometimes feel isolating, so it is important for me to communicate to the students that they are not alone and that they will find their way. I am honoured to be a part of their journeys and hope my experiences, big or small, are helpful to them.
From Elaine’s Perspective
My favourite volunteer experience thus far in 2025 took place in February at UBC Allard School of Law. I had the privilege of judging a first-year moot in criminal law.
Mooting simulates the appellate level of legal proceedings, focusing on oral advocacy and legal reasoning. In the small group in which I was involved, 4 first-year students were able to practise what it’s like arguing a criminal case in front of the British Columbia Court of Appeal. The first-year moot is a mandatory part of the first-year program; it is a right of passage that has taken place for decades at the UBC Law School.
It is a special feeling returning to the UBC campus as it has changed so much but seems so familiar. The familiarity
Mooting simulates the appellate level of legal proceedings, focusing on oral advocacy and legal reasoning. In the small group in which I was involved, four first-year students were able to practise what it’s like arguing a criminal case in front of the British Columbia Court of Appeal.
comes not from the buildings, as many have changed, but from the topography of the land, the beauty of it, and my fond memories.
The first-year moot reminded me of the lifelong friendships I made in law school and the profession that has allowed me to meet fascinating people and learn interesting things. My degree from UBC Law allows me to practise law. Practising law has kept my mind active and productive through all of life’s challenges. At the moot, I talked to the students about the importance of practising public speaking skills, and the difference experience makes.
Even though it was a moot and there were three judges, none of us stood in judgment over the students. The students and judges are colleagues; advocacy skills are obtained over a lifetime of lea rning.
ELAINE MCCORMACK is a lawyer, mediator, and arbitrator with Wilson McCormack Law Group.
EMILY SHEARD is an associate lawyer with Wilson McCormack Law Group.
EMILY SHEARD
ELAINE T. MCCORMACK
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 LLP
QUANG T. DUONG GORDON J. KEHLER
M. KNAPP
BC Notaries' Contributions to Law Reform and the BC Law Institute
Î As both a Notary and a Director on the Board of the BC Law Institute (BCLI), I have seen firsthand how BC Notaries contribute to law reform. Our profession has a long tradition of public service and our involvement with BCLI reflects our commitment to enhancing legal accessibility and modernization in British Columbia.
The Notaries’ Role in the BC Law Institute
Under BCLI’s bylaws, The Society of Notaries Public of British Columbia appoints a Director to the BCLI’s Board, ensuring our profession has a voice in shaping legal r eforms.
Notaries offer a different perspective from lawyers and play a key role in making legal services more accessible, particularly for those who may not seek full legal representation.
Over the years, many Notaries have stepped up to serve on BCLI’s Board, offering their leadership and insight. My predecessors on BCLI’s Board, R.H.W. (Rick) Evans, Roy Cammack, Sue Mercer, and Leanne Rebantad have all played important roles in guiding BCLI, each bringing their own expertise.
Beyond a governance role, Notaries have actively contributed to BCLI’s law reform projects, serving on volunteer project committees and bringing valuable frontline practical experience. Their participation has helped identify legal gaps and improve laws in key areas such as Wills, Estates, Property Transactions, and Elder Law.
For
example . . .
• Rick Evans was a key player in the massive Succession Law Reform Project, serving on the Testate Succession Subcommittee in that project, before later becoming a Director of BCLI. He also served on the committee that worked on the first edition of BCLI’s “Undue Influence Recognition and Prevention Guide.”
• Susan Mercer lent her expertise to the 4-year-long Real Property Reform Project before following in Rick Evans’ footsteps to join the BCLI Board.
• Laurie Salvador served on the project committees for both the CommonLaw Tests of Capacity Project and the committee that produced the first “Undue Influence Guide,” working alongside Rick Evans.
• More recently, Hilde Deprez, Patricia Fedewich, and Morrie Baillie helped to update the “Undue Influence Recognition and Prevention Guide,” ensuring practitioners have the tools to protect vulnerable clients.
• Hilde Deprez also took part as a narrator in the instructional video that accompanies the second edition of the Guide. Those efforts demonstrate the real impact Notaries have on shaping laws that matter to everyday British Columbians.
Roy Cammack
Susan Mercer
Laurie Salvador
Patricia Fedewich
Hilde Deprez
Morrie Baillie
Leanne Rebantad
Rick Evans
The Notary Foundation’s Support
The Notary Foundation has been a constant supporter of BCLI, funding and co-funding numerous BCLI projects. They include the original and updated “Undue Influence Recognition and Prevention Guide,” the Real Property Reform Project, and the Strata Property Phase Two Project, among others. Their support has enabled critical research, the development of legal resources, and important legislative and policy recommend ations.
The Foundation has also sponsored the Canadian Elder Law Conference, a forum on the legal and policy issues affecting older clients.
Serving on BCLI’s Board and participating in its projects is one of the meaningful ways Notaries can give back to our communities. Whether through governance, research participation, funding, or knowledge-sharing, our efforts have helped shape BC’s legal la ndscape.
As we continue working to modernize the law, I am proud to stand alongside fellow Notaries in this important work. Together, we’re helping to build a legal system that is more accessible, effective, and just . . . for all British Columbians.
FILIP DE SAGHER is a BC Notary Public practising in Vancouver.
Serving on BCLI’s Board and participating in its projects is one of the meaningful ways Notaries can give back to our communities. Whether through governance, research participation, funding, or knowledge-sharing, our efforts have helped shape BC’s legal landscape.
Planning with Purpose
How Legacy Giving Strengthens Your Estate Plans
Why Leave a Charitable Bequest?
For many Canadians, charitable giving is a core part of life. Legacy gifts are a way to continue that generosity into the future, when they have passed into being a warm memory. Those gifts are often deeply meaningful for donors and can lead to these results:
Î By the time most people begin preparing a Will, they’ve already spent a lifetime building relationships, values, and a personal vision of the world they want to leave behind.
BC Notaries are uniquely positioned to help clients translate those values into action through the strategic use of legacy giving.
Legacy gifts or charitable bequests offer people the opportunity to support causes they care about, long after they’re gone. Those gifts are a powerful tool for personal expression and public good. They also offer practical advantages for the estate and its beneficiaries.
What Legacy Giving Looks Like
Legacy giving is typically included in a standard Will. It might involve a gift to a charity consisting of
y a specific dollar amount or asset or a percentage of the total estate, or
y the residual (or remainder) of the estate, once other obligations are met.
In BC, Notaries draft those provisions with clear, straightforward language to help clients express their wishes in legally binding terms within the scope of the Notar ies Act .
y Lasting Impact: Charities rely on bequests to fund longterm programs and infrast ructure.
y Tax Relief: A charitable-donation tax receipt is issued to the estate, reducing income tax on the final return and possibly resulting in greater net benefits to the other heirs.
y A Sense of Purpose: Many people take comfort in knowing they’ll make a positive contribution into the future.
"...support something that reflects my values, even after I’m gone.”
A Real Example: Laura’s Story
Laura, a legacy donor to Coast Mental Health Foundation, has spent much of her career working in the charitable sector. “I’ve seen firsthand how legacy gifts shape the future of charitable organizations,” she says. “Those are the gifts that allow organizations to dream bigger and plan further.”
Although Laura is no stranger to the importance of fundraising, her decision to include a bequest in her own Will was deeply personal for her.
Laura’s bequest will support mental health programs that offer housing, employment, and community support to people facing mental health challenges. She didn’t make that decision lightly—but, once made, she says it was remarkably easy to implement.
“Adding the clause to my Will was simple. It gave me peace of mind knowing I could support something that reflects my values, even after I’m gone.”
y Charitable bequests are common and valued.
A sample clause might read: “I give [specific amount or percentage] to [Charity Name], [Charity Address], [Charitable Registration Number], for its general pu rposes.”
y Notaries ensure the full legal name and registration number of the charity is cited. That is very important because many charities have similar-sounding names.
y When clients have more complex philanthropic goals, Notaries encourage clients to consult financial and legal advisors.
Building Meaning into Estate Planning
Legacy giving may not be the first thing on your mind, but for many it becomes the most meaningful part of their estate plan. It’s a great chance to create positive change for years through generosity in your Will.
ISABELA
ZABAVA is Executive Director at Coast Mental Health Foundation, a nonprofit transforming the lives of people living with mental illness.
ISABELA ZABAVA
CONGRATULATIONS
JODY CONROY
Jody was born on the Sunshine Coast where she still resides with her husband Kevin. They have 3 grown boys, (Rob, Kyle, and Kris), who are all very successful Sechelt is a small community; most of Jody’s clients are more like friends than clients, whether they are known or coming to her office for the first time.
Being a Notary has been very rewarding for her and she has enjoyed her work. “I have loved working with the local residents over the years and welcoming new residents. I cannot believe where the time has gone. At this stage in my life, it is wonderful having Blair Lawson as my Staff Notary. That allows me to take a little more time to myself and to travel a little more; my Husband Kevin has been retired for 7 years If I could go back, would I do this all over again? You betcha!!!”
EDITHA CORRALES NELSON
Editha Corrales Nelson is a Burnaby Notary Public. She is married to Steven (a Snowbird Real Estate Investor). They have 4 daughters: Keshia (a BC Notary), Zion (a professional track athlete and coach), Shiloh (a law student at the University of Hawaii), and their angel, Selah Editha is blessed with grandchildren, Kodah, 3, and Tala, 2
Editha is also a Registered Canadian Immigration Consultant practising alongside her mother Edna, a Canadian Immigration Agent. This year, EMC Immigration Services celebrates its 45-year anniversary.
“My journey as a Notary Public began on our kitchen table.
“In the ‘80s, I would see my mother filling out immigration forms in the kitchen. My mother advocated for the Filipino community with their immigration concerns. That went on for years and I found myself assisting in drafting submissions and letters of explanation that needed to be ‘notarized.’
“Fast-forward to 1998 I decided since I was preparing those documents, why couldn’t I just “notarize” them So the quest began. Pregnant with my 2nd daughter Zion, I was admitted to the Notary program. Then 2½ years later, pregnant with my 3rd daughter Shiloh, and bedridden, I was forced to practise at home (and still do), using the front room as my office, not only to accommodate my doctor’s wishes at the time but to continue meeting clients. My husband Steven was my right hand from day 1.
“As I mark 25 years as a BC Notary Public, I only feel gratitude for being a part of the Notary community (along with my eldest daughter Keshia, who is marking 5 years as a Notary) grateful that I have become “ground zero” to many clients, Realtors, and mortgage brokers.
“I still find myself enjoying and welcoming every opportunity to help. I look forward to the next 25 years.”
SUZANNE ORMISTON
Suzanne is happily married to her soulmate Ted. She is the proud mother of sons Nikolas and Kristofer. She was thrilled to become a grandmother in 2024. Suzanne started practising in the City of Cranbrook in 2000
She bought her practice from a Notary who at the time did not have any computers. All documents were prepared on a typewriter. All land title documents needed to be sent by courier to the Land Title Office for registration. Suzanne quickly computerized the office and was one of the first Notaries to embrace electronic filing Suzanne was voted "most influential woman in business" by her community
In 2016 Suzanne sold her practice to a lawyer and moved to Victoria, to be closer to family and take advantage of the mild Victoria Winters.
Suzanne currently operates as a sole practitioner from her home in Victoria. Suzanne has thoroughly enjoyed the past 25 years, practising as a Notary She looks forward to many more
SENAD SIJERCIC
Seeking an opportunity for a life in Canada, Senad emigrated from former Yugoslavia to Canada with his spouse Snezana and their 3-year-old daughter Sanda in 1994.
Senad was a lawyer in his home country and Snezana studied in the legal field, as well. They quickly adapted to life in Canada and, after some additional education, they opened up Senad’s Notary Public office in Armstrong, BC. Sanda has since followed in her father’s legal footsteps and has successfully become a lawyer.
Senad will ALWAYS remember the first day and first month of mentoring, then only 30 short days later being left alone in the office to try to figure out the rest. It sure does not feel like 25 years have passed by already.
Senad has endured many changes to the Notary business over the past couple of decades from originally couriering land title documents to the Land Title Office on file-closing day, to faxing them Now nearly everything is electronically communicated via no less than 37 different online portals and dozens of emails per file
Senad’s favourite noise in the office is still, and always will be, the sound of the fax coming in. It’s a personal win for him when he receives a payout statement via fax before his legal assistant can get it through email; it’s become a familiar and happy banter in the office.
Senad has thoroughly enjoyed being a Notary these past 25 years Helping people with Wills, POAs, mortgages, land transfers, and other legal matters has been very fulfilling. Senad hopes he can continue helping clients for many more years to come.
2025
2025
25-YEAR NOTARY RECOGNITION
LISA EHRLICH
LISA EHRLICH
Lisa’s success is supported by her husband’s unwavering encouragement and her sons Steven and Ryan. Steven also supports the business as their in-house bookkeeper
Lisa’s success is supported by her husband’s unwavering encouragement and her sons Steven and Ryan Steven also supports the business as their in-house bookkeeper
“In 1992, I started my career as an assistant to Laurie Salvador and Susan Davis in Sidney, BC. That experience inspired me to complete the Notary course in 2000, where I received the Dr. Bernard W. Hoeter Award for achieving the highest marks on the statutory exams. When Susan Davis left the practice to pursue other interests, I became a partner at Salvador Davis & Co Today I work alongside Todd Wiebe, who succeeded Laurie Salvador upon her retirement, as well as our newest team member Morrie Baillie.
“In 1992, I started my career as an assistant to Laurie Salvador and Susan Davis in Sidney, BC. That experience inspired me to complete the Notary course in 2000, where I received the Dr. Bernard W. Hoeter Award for achieving the highest marks on the statutory exams When Susan Davis left the practice to pursue other interests, I became a partner at Salvador Davis & Co. Today I work alongside Todd Wiebe, who succeeded Laurie Salvador upon her retirement, as well as our newest team member Morrie Baillie.
“I strive to provide reliable and professional notarial services to our community and beyond. I take great pride in upholding the integrity and ethical standards that are fundamental to the role of a Notary Public.”
“I strive to provide reliable and professional notarial services to our community and beyond I take great pride in upholding the integrity and ethical standards that are fundamental to the role of a Notary Public ”
DEREK SMOLUK
DEREK SMOLUK
Derek married his wife Karin in 1997 while working in his family’s hotel business in Merritt, BC, prior to moving to Kamloops to become a BC Notary in 1999 They raised 3 children in Kamloops while balancing the Notary Public work. Katie is now a registered nurse. Elena is finishing university, soon to become a teacher. Tyler will be "retiring" from junior hockey this Spring and beginning his university journey in September.
Derek married his wife Karin in 1997 while working in his family’s hotel business in Merritt, BC, prior to moving to Kamloops to become a BC Notary in 1999. They raised 3 children in Kamloops while balancing the Notary Public work. Katie is now a registered nurse. Elena is finishing university, soon to become a teacher. Tyler will be "retiring" from junior hockey this Spring and beginning his university journey in September
“I'll be forever grateful for the guidance and friendship of Notary Public Beverly Corbet and her husband, whose Notary practice I purchased in 1999. They have remained close family friends ever since.
“I'll be forever grateful for the guidance and friendship of Notary Public Beverly Corbet and her husband, whose Notary practice I purchased in 1999. They have remained close family friends ever since.
“During my time in practice, other Kamloops Notaries: James Fulton, Ken Mackinlay, and Seiko Ouchi, were incredibly valuable mentors and friends.
“During my time in practice, other Kamloops Notaries: James Fulton, Ken Mackinlay, and Seiko Ouchi, were incredibly valuable mentors and friends.
“I was fortunate in becoming a Notary when I did. The other Kamloops Notaries had already ‘broken ground’ for the profession in Kamloops with the real estate profession, banks, mortgage lenders, and the public that ‘Notary’ is a bona fide profession and an option to lawyers, who were somewhat ‘hostile’ to our presence/profession.
.
“I was fortunate in becoming a Notary when I did The other Kamloops Notaries had already ‘broken ground’ for the profession in Kamloops with the real estate profession, banks, mortgage lenders, and the public that ‘Notary’ is a bona fide profession and an option to lawyers, who were somewhat ‘hostile’ to our presence/profession.
“I spent 2 terms as a Director with The Society of Notaries and was honoured to get to know Notaries Ken Sherk, Chris Dupuis, Brent Atkinson, Susan Davis, and a variety of others for whom I am forever grateful. “Since then I've had good relationships with other Notaries and lawyers in the Kamloops area and have had great staff during my 25 years of practice
“I spent 2 terms as a Director with The Society of Notaries and was honoured to get to know Notaries Ken Sherk, Chris Dupuis, Brent Atkinson, Susan Davis, and a variety of others for whom I am forever grateful “Since then I've had good relationships with other Notaries and lawyers in the Kamloops area and have had great staff during my 25 years of practice.
“I'm currently working with Notaries Leslie Madore and James Fulton and 7 of the best conveyancers I've ever had. I am looking forward to the coming years.”
“I'm currently working with Notaries Leslie Madore and James Fulton and 7 of the best conveyancers I've ever had. I am looking forward to the coming years.”
CONTINUING EDUCATION CONFERENCE 2025
It was a pleasure to return to Vancouver for the 2025 BCNA Continuing Education Conference.
We extend our sincere appreciation to the Notary Foundation for their generous funding that supported the successful delivery of our 3rd consecutive year hosting a hybrid conference offering both virtual and in-person participation. The format allowed a greater number of Notaries to access and benefit from a diverse range of Continuing Education sessions.
We extend our sincere thanks to Zoe Stevens, Kristy Martin, Hilde Deprez, Jackie Tait, and Akash Sablok the dedicated members of our Continuing Education Committee for their invaluable support throughout the year. Their thoughtful recommendations on topics and presenters greatly contributed to the success of our programming
Saturday morning commenced with an engaging and interactive session on “Respectful Reciprocity for Strong Allyship,” led by Jessica Vandenberghe of Guiding Star Consulting. It was followed by an informative update from our colleagues at the Land Title and Survey Authority, presented by Larry Blaschuk, Registrar of Land Titles, and Rob Cutler, Vice President and Chief Product Officer. Chad Rintoul, CEO of the BCNA, Notary Rimpy Sadhra, BCNA President, and Notary Scott Simpson provided an overview of the Association’s 3 -year Strategic Plan, outlining its direction considering recent and anticipated legislative changes.
Following a delightful buffet lunch graciously served by the attentive staff at the Vancouver Marriott Pinnacle, attendees were presented with a series of informative scenarios delivered by Quang Duong of Mackenzie Fujisawa, LLP, along with Marny Morin and Matthew Morin of BC Notaries Captive Insurance Company.
The afternoon continued with a choice between 2 concurrent sessions: “Effective Listening” and “Mental Health in the Workplace,” both facilitated by representatives from Kii Health, a provider of health services to Notary Society members. Just prior to the Saturday evening gala dinner, we had the honour of hearing from the Honourable Niki Sharma, Attorney General of British Columbia.
Sunday morning began bright and early, following an eventful evening of festivities that included the recognition of newly commissioned Notaries, Notary students, and Notaries celebrating 25 years in practice, as well as “An Evening at the Theatre” for entertainment
Sunday commenced with a session led by Notaries Hilde Deprez and Peter Bjurman who discussed current PAL scenarios. The subsequent session provided Notaries with two options a presentation on Subdivisions delivered by Notary Terry Sidhu and Larry Blaschuk of the Land Title and Survey Authority, and a session on Contracts and Agreements conducted by lawyer Tim Lack.
The afternoon concluded with an insightful session led by Hilde Deprez and lawyer Geoffrey White, focusing on the expanded use of trust provisions for Notaries
We are very excited to be welcoming Notaries back to Vancouver from April 17 to 19, 2026, at The Fairmont Hotel Vancouver, to celebrate 100 years of The Society of Notaries Public!
Honourable Niki Sharma
The Dye & Durham Platform connects a global network of professionals with public records to support business transactions and regulatory compliance.
TO OUR 2025 EXHIBITORS THANK YOU
With thanks to the Notary Foundation for their continued support
Topic: From Skeptic to Strategist:
A Practical Guide to AI for Canadian Real Estate Law Practice
Presenter: Scott Bleasdell, Chief Product Officer, Dye & Durham
When: Wednesday, June 18
Time: 12 Noon
CE Credit: 1
Cost: Complimentary
Where: Zoom
Description: Join us for an essential session designed specifically for Canadian legal professionals who want to understand and harness AI technology without compromising their professional standards or client confidentiality. As Chief Product Officer at a leading legal technology company, Scott will take you on a journey from AI's foundational concepts to real-world applications that are transforming legal practice today. This presentation is crafted for legal professionals who may be skeptical about AI but recognize the competitive advantage it offers.
What You'll Learn
The Evolution of Legal AI: Understand how AI technology developed from simple document-processing to today's sophisticated legal reasoning tools, and why the current generation is fundamentally different from earlier attempts.
AI Types That Matter to Your Practice: Demystify the landscape of AI technologies relevant to legal work, including natural language processing, predictive analytics, and large language models, with clear explanations of what each can and cannot do.
Real-World Applications for Canadian Notaries: See practical demonstrations of A I tools.
Building Trust Through Transparency: Learn how to evaluate AI tools for accuracy, understand their limitations, and implement proper oversight protocols that maintain your professional responsibility st andards.
This session combines technical insight with practical wisdom, addressing the real concerns BC Notaries have about AI while providing actionable strategies for competitive advantage. You'll leave with concrete steps to thoughtfully integrate AI into your practice.
Presenter: Scott Bleasdell is a seasoned Product Management Executive with over 19 years of experience building and delivering innovative software solutions in legal tech, telecommunications, IT systems management, and network security products.
Scott Bleasdell
Throughout his career at companies like CallRevu, Net2Phone, BMC Software, and Microsoft, Scott has consistently delivered transformative results, significantly improving customer satisfaction metrics, optimizing operational costs, and reversing declining revenues into double-digit growth. Scott’s expertise spans multidimensional AI solutions, product-led growth strategies, and talent development.
Scott's thought leadership has been featured in industry publications and events, showcasing his insights on AI technology and conversational intelligence in numerous sectors.
Registration details can be found on the members’ area of the BCNA website or contact Trista Zamany, Continuing Education Manager at tzamany@bcnotaryassociation.ca.
Education Sessions
Lunch and Learn
Topic: A Smarter Way to Work:
How E-Courier’s Custom E-Forms Help Notaries Stay Efficient & Secure
Presenter: Sarah Cooke
When: Wednesday, July 9
Time: 12 Noon
Where: Zoom
Description: Introducing E-Courier’s innovative Secure Custom E-Forms. A powerful new way to collect client information through seamless, encrypted digital intake, all within our trusted Canadian security platform. Designed for professionals like BC Notaries, this solution replaces less secure US-based platforms like Microsoft or Google Forms. It keeps client data protected from foreign legislation such as the US CLOUD Act and AI-driven data harvesting. Whether you’re onboarding a client’s real estate purchase or title transfer or enhancing your website’s “Contact Us” form, our secure e-forms provide a compliant, efficient, and intelligent solution to protect confidentiality and streamline your workflow.
Presenter: Sarah Cooke is a seasoned Cybersecurity Advisor with over 10 years of experience, specializing in helping organizations navigate the complexities of data protection, secure communication, and compliance with electronic privacy laws. With a proven track record of managing and developing strong client relationships, Sarah builds and nurtures prospects through multiple business channels, ensuring tailored solutions that meet each client's specific privacy needs. Known for a direct and transparent approach, Sarah is highly regarded for addressing the risks associated with email and other insecure communication methods, providing clear, actionable insights that prioritize security and compliance.
Sarah Cooke
Canadian Centre for Elder Law is on the Move
Î The BC Law Institute (BCLI) Board is excited to announce a new chapter for the Canadian Centre for Elder Law (CCEL) as it transitions to the Thompson Rivers University (TRU) Faculty of Law. It will no longer be a division of BCLI. We are incredibly proud of CCEL’s accomplishments over the years and the impact it has had on elder law reform in Canada.
The CCEL has operated since 2003 as a successful division of the Law Institute, researching and releasing over 30 publications and providing legal information and educational resources to a growing number of community organizations engaged with the field of ageing.
“We are pleased that the TRU Faculty of Law will be continuing the CCEL’s important work. BCLI is proud of the CCEL’s accomplishments to date and there is still much more to do,” said Ed Wilson, Law Institute Board Chair.
“The range of issues related to our ageing populations is diverse; the need for innovative legal approaches is more important than ever. Hosting the CCEL is a wonderful opportunity
shutterstock.com/Audio und werbung
for the TRU Faculty of Law to deepen our research and commitment to excellence in this area,” said Daleen Millard, TRU’s Dean of Law.
“We’d like to collectively thank all past staff of CCEL for their contributions to developing timely resources and capacity in the elder law sector,” Wilson said on behalf of himself and Millard.
The BCLI is BC’s independent not-for-profit law reform agency, conducting law reform projects in the public interest since 1997. The Institute remains committed to research on elder law reform and will continue in collaboration with TRU Law on elder law projects.
As CCEL embarks on this next phase, we extend our gratitude to all those who have contributed to its success and wish TRU Law the very best in carrying forward this important work. We look forward to future collaborations and to seeing the CCEL continue to thrive in its new home.
KAREN
CAMPBELL is the Executive Director of BCLI.
KAREN CAMPBELL
“The range of issues related to our ageing populations is diverse; the need for innovative legal approaches is more important than ever..."
Travel Insurance
Your Essential Q & A Primer
Î The unique characteristics that can be involved in travel insurance make it one of the more complicated types of insurance. If you don’t make a claim, complexity is irrelevant.
What About Canada’s Universal Medical Plans?
y Most Canadians have universal Health coverage from their province or territory (GHIP—Government Health Insurance Plan). Even under Canada’s Interprovincial Reciprocal Billing Agreement, the scopes of coverages and reimbursement rates vary if a traveller from one jurisdiction seeks medical treatment in another area of Canada.
y For example, ambulance services and certain health care practitioner emergency services that are covered in the home jurisdiction may not be partially or fully reimbursable by another GHIP.
y When travelling outside of Canada, your GHIP’s scopes of coverages and reimbursement rates may be dramatically less than what the destination’s medical provider charges. Without proper travel insurance, the traveller becomes personally responsible for those charges.
Do I Even Need Travel Insurance?
The most common expectation for travel insurance is that it’s supposed to cover the medical expenses when our body systems meet with misfortune when we are travelling.
y One traveller picnicking across the border tripped over a dog. The emergency bill for his uninsured injury was over US$80,000. Another uninsured vacationer had to be hospitalized at US$5,000 per day, following a surprise heart attack.
A collateral benefit comes with a second opinion provided by the travel insurer in many emergency situations. In many areas, particularly where there are language barriers, the travel insurer’s medical and language team can provide exceptional and potentially lifesaving assistance.
In addition to the benefits of second opinions, the travel insurer is able to monitor the potential for the acceleration of unnecessary “treatment” expenses. Some locales and even cruise ships consider the treatment of ailing travellers an unsupervised profit centre.
WHAT IS TRAVEL INSURANCE?
Basically, travel insurance is privately purchased nongovernmental financial protection offered by an insurer to pay unexpected eligible costs while travelling.
There are two broad types of travel insurance:
y medically triggered events, and
y nonmedical events.
For medically triggered travel Insurance, there are 3 basic groupings.
1. The best-known travel insurance policies target a traveller’s medically related expenses
y to stabilize the traveller’s health from worsen ing, or
y to return that person’s health to a non-life-threatening condition.
Collectively such policies are termed “emergency” medical travel insurance. Common elements in defining an “emergency” are an unexpected medical condition that creates a loss in health or a danger to life, requiring
IAN CALLAWAY
immediate treatment. Insurable medical events must be unexpected, not anticipated or planned, and must not be a routine consultation.
y Depending on the travel insurer, the maximum plan payouts will be capped at $5,000,000 or $10,000,000; some plans cap at much less. Within those payout limits, there are also differences in the maximum dollar values for paying the treating practitioners, procedures, supplies, tests, and/or transportation.
y Regardless of the precipitating condition, the “emergency” ends when the traveller is able to continue their travel or is transported back to their home jurisdiction, even if further rehabilitation is required.
Although the dollar amounts may vary, most medical “emergency” plans also cover collateral nonmedical expenses such as
y airline seat return-home upgrades,
y ambulance or air evacuation,
y companion expenses,
y paramedical expenses, and/or
y pet or vehicle repatr iations.
2. A second related medical grouping, “trip interruption” plans, covers a traveller’s expenses to resume their travels if their trip is interrupted by a medical condition.
y Most travel insurers also expand their trip “interruption “coverages to include returning the traveller to their home jurisdiction due to an “insured event” in their home environment—ranging from the ill health or the passing of a qualified relative, to some form of d isaster.
3. The third medical grouping is “trip cancellation” insurance. Those plans will refund a proportionate dollar amount of pre-paid nonrefundable travel expenses if, prior to departure, the prospective traveller experiences an unexpected medical condition or other specified events such as a death in the family, being subpoenaed, or a work change.
Trip cancellation travel insurance most often includes other eligible events that would prevent them from starting their trip. The key becomes knowing which conditions or events are eligible to be covered.
What Is Nonmedical Travel Insurance?
Often included as additional travel insurance options is compensation for unexpected events. The more common insured events in the nonmedical grouping are dollar-value reimbursements for lost or damaged baggage or flight delays. Vehicle damage coverage is also available sometimes; it does not include liability protection.
What about Insurance Coverage from Credit Cards?
y Many credit cards piggy-back travel insurance. With almost all credit cards, the extensive “terms of service” agreement addresses only the credit card’s conditions and terms, not the piggy-backed travel insurance.
y Even when some of the largest travel insurers provide travel insurance through various credit cards, the conditions that are specifically protected, under what circumstances, and the dollar limits are seldom advertised or promoted.
A frequently hidden exclusion is that only those expenses charged to that credit card might be covered.
Are Each Travel Insurer’s Plans the Same?
In a word, No!
In a negotiation process with different insurance marketers, travel insurers custom-design separate plans relative to each marketer. While the core of the travel insurer’s various plans may be similar, the primary differences are in such a reas as
y extra inclusions, and/or
y premium ratings.
A second related medical grouping, “trip interruption” plans, covers a traveller’s expenses to resume their travels if their trip were interrupted by a medical condition.
What about the Cost for Travel Insurance?
1. As the incident rate of medical “emergencies” is likely very similar among travel insurers, their respective claims experience may be a consistent variable when setting a travel plan’s costs.
2. A second rate-determining-variable revolves around exclusions related to destinations. Most travel insurers apply the ever-changing Government of Canada’s 4-level destination Travel Advisories.
3. There are some differences among the travel insurers in what are specifically excluded as “hazardous activities.” Yet for an increased charge, some travel insurers allow coverage for specified hazardous activities.
4. Similarly, differences in plan coverages become quite significant when comparing travel insurance premiums.
5. Another pricing variable would be any trip’s duration, deductibles, and for some, the traveller’s destinat ion(s).
6. Perhaps a more significant reason for premium differences is the degree to which each travel insurer assesses the risk presented by each potential applicant.
y Age is the most obvious of the rate assessment var iables.
7. The pre-existing medical stability period related to a traveller’s medical profile is perhaps the least understood rate-impacting exclusion determined during the application process.
y In a most basic explanation, preexisting medical stability refers to the number of days or months before the date of departure when there has been no change in the traveller’s medical diagnosis, symptoms, and/ or treatment.
y If there were any medical changes during that pre-trip period, starting on the day of departure those same medical condition(s) would be excluded for the trip.
8. A key variable is the extent of an application’s medical questions. Some travel insurers will ask certain medical questions; another will not or will ask the questions covering a shorter or longer period of time. The applicant’s answers to the application’s questions impact their rates.
y All claims are contingent on the answers you put on the appl ication.
y To be marketplace-competitive and profitable, each travel insurer’s Actuarial team balances the above 8 variables by weighing some of them more heavily and applying exclusions to control risk-cost exposure. Some travel insurers target certain age groups with a product portfolio that is perceived to match its risk/ profitability expect ations.
Should You Purchase Single or Multi-trip Travel Insurance?
For those making multiple trips, a multi-trip plan can be a convenient and potentially cost-effective decision. Before making that choice, it is important to review each trip’s projected duration and destination over the forthcoming year to ensure the trips will have similar risk structures. Travellers selecting a multi-trip plan must be alert to the implications of the pre-existing medical stability period because the exclusion period is re-applied for each trip within the multi-trip period.
The Elements of a Claim
Element 1: Timing
With travel insurance policies, before seeking medical treatment there is a requirement to contact the travel insurer first. A failure to do so may result in the travel insurer applying a co-insurance factor and/or a reduced cap on eligible benefits. Travel insurers understand the nature of catastrophic or serious medical events, so the requirement is to have such travellers repor t ASAP.
Element 2: Paperwork
Some travel insurers promote their ease of filing a claim by using an online portal. While that feature may be convenient, it is best to consider it as merely filing supporting paperwork before the eligibility assessment occurs. Those filings are not considered to be the travel insurer’s acceptance of a claim.
After the travel insurance company reviews the traveller’s plan, its configuration, and the answers provided in the purchase application, sometimes it will be necessary for the travel insurer to reach out to the traveller’s physician(s) to confirm there are no discrepancies between the answers on the application and the applicant’s medical h istory.
Element 3: Onsite Payment
Given the nature of the unexpected medical condition and an applicant’s application answers, the travel insurer may commit directly to paying the
provider of the emergency health services upon their submission of invoices.
In other cases, the medical provider may insist that the traveller pays the invoices directly, leaving the traveller to seek re-imbursement from their travel insurer.
Element 4: Pre-existing Medical Condition
The factors of age and/or a change in pre-trip medical diagnosis, symptoms, and/or treatment determines the traveller’s pre-existing medical stability period. Unfortunately some travellers forget that any medical changes during their pre-existing medical stability period, determined at the time of application, will be excluded after the traveller departs their home jurisdiction.
Element 5: GHIP
The travel insurer is the second payer (after the GHIP) in the event of a claim; the travel insurer will reach out to the traveller’s GHIP to recover any dollar value the local GHIP would pay. The travel insurer becomes responsible for the balance of eligible travel insurance benefits. Without GHIP, travel insurers cap a much lower amount of what they w ill pay.
Element 6: Success
With the unpredictability of life when travelling, as a financial return on investment, travel insurance is one of the best. Further, access to the travel insurer’s medical team could become lifesaving. As opposed to the traveller dealing with all the paperwork and currency exchange rates, it’s awesome to transfer that task to a travel i nsurer.
Recommendation
A pro-active travel insurance strategy, based on reliable and accurate answers on the application, can provide exceptionally cost-effective coverage. Even without a claim, simply having travel insurance in place can be a “just in case” stress rel iever.
With the unpredictability of life when travelling, as a financial return on investment, travel insurance is one of the best. Further, access to the travel insurer’s medical team could become lifesaving.
IAN
CALLAWAY, MA, MEd, PhD(c), RHU, BCFE, TRiP, CEA, CFI, MFA-P, CFE, EBP, CDCP, RIS, is a Strategic Insurance Analyst.
Punitive Damages in Estate Litigation
Î Punitive damages, also known as exemplary damages, have a long history in English common law dating back several centuries.
Punitive damages are not compensatory. Their primary purpose is to punish egregious wrongdoing and deter similar misconduct in the future, rather than merely compensating the injured party. Punitive damages are awarded over and above the actual loss suffered by the plaintiff as punishment to the defendant and to deter him/her and others from committing similar acts.
Before punitive damages can be awarded, the act done must not only be such that by itself would merit punishment, but should also be one that was intentionally directed to the person or property of the injured person. Kaytor v. Lyons Driving Range Ltd . (1962) 40 WWR 173.
In the leading case, Whiten v. Pilot Insurance Co. 2002 SCC 18, the Supreme Court of Canada commented on the purpose for punitive damages.
The Court declared that retribution, denunciation, and deterrence are the recognized justifications for punitive d amages.
The Court observed that an award of punitive damages must be
1. proportionate to the blameworthiness of the defendant’s conduct;
2. proportionate to the vulnerability of the plaintiff;
3. proportionate to the harm or potential harm directed specifically at the plaintiff;
4. proportionate to the need for deterrence, and
5. proportionate to the advantage wrongfully gained by the defendant from the misconduct.
Whiten v. Pilot Insurance also set out some further principles to be considered in making an award of punitive damages:
1. they are the exception rather than t he rule;
2. they are generally awarded only where the misconduct would otherwise be unpunished or other penalties are unlikely to achieve the objectives of retribution, denunciation, and deterrence;
3. punitive damages are awarded only if compensatory damages are insufficient to accomplish those objectives;
4. the purpose of punitive damages is not to compensate the plaintiff, but to give the defendant his or her just dessert, to deter the defendant, and others, similar misconduct in the future (deterrence), and to mark the community’s collective condemnation of what has happened.
Whiten v. Pilot Insurance at para.113 sets out factors that determine the level of the defendant’s blameworthiness. Those factors include
a) whether the misconduct was planned and del iberate;
b) the defendant’s intent and motive;
c) whether the defendant persisted in the outrageous conduct over a lengthy period of time;
Shutterstock/Gorodenkoff
TREVOR TODD
d) whether the defendant concealed or attempted to cover-up their misconduct;
e) the defendant’s awareness that what they were doing was wrong;
f) whether the defendant profited from their misconduct; and
g) whether the interest violated by the misconduct was known to be deeply personal to the plaintiff.
Punitive Damages in Non-Estate Cases
It has only been in recent years that Canadian Courts have begun to award punitive damages for reprehensible conduct in estate litigation matters.
There have been significant awards for punitive damages in recent years for bad faith conducted by insurance companies, wrongful dismissal, and defamation.
In February 2025, the largest punitive damages award in Canadian history was awarded in the case of Baker v. Blue Cross Life Insurance Company of Canada 2023 ONCA 842. The Ontario Court of Appeal upheld the jury decision to award $1.5 million in punitive damages for the insurance company’s longterm denial of disability benefits, following a stroke the plaintiff suffered in 2013.
In Hill v. Church of Scientology of Toronto (1995) 24 O.R. (3d) 865, the Supreme Court of Canada upheld a total award of $1.6 million that included $800,000 for punitive damages to a Crown attorney defamed by the Church of Scientology.
Punitive Damage Awards in Estate Litigation
For reasons that are not exactly clear, the Courts were historically reluctant to award significant punitive damages awards in estate litigation. Typically if the Courts wished to punish a personal representative or fiduciary, it would be by way of special costs. That usually meant payment of full indemnity of the wronged parties’ lega l fees.
While special costs can be substantial, the Courts have in recent years been cautiously more willing to award punitive damages in estate matters where the conduct was so egregious, the defendant should be punished for malicious, oppressive, and high-handed misconduct that represents a marked departure from ordinary standards of decent behaviour.
Similarity, in Saarnok v. McNeil 1992 BCJ NO.1880, no punitive damages were awarded where the Courts set aside various gifts for undue in fluence.
In Saarnok , the plaintiff was an 83-year-old man and the defendant a 31-year-old woman. They met at a funeral. It was alleged that she had offered to provide sex to the plaintiff periodically in return for some gifts. He then bought her an apartment, made her his sole beneficiary, bought her a Corvette, began to transfer to her a half interest in his apartment, bought her furniture, endorsed $13,000 worth of cheques to her, and began adoption proceedings. He also paid her $45,000 (at $2,000 monthly) for services as his personal secretary.
The cautiousness of the Courts to award significant punitive damage awards in estate matters radically changed in the years since about 2012 to date.
While the Courts found her behaviour morally reprehensible, they did not feel that an award of punitive damages was wa rranted.
(I venture to opine that the same facts decided today would likely attract a significant award for punitive damages.)
The cautiousness of the Courts to award significant punitive damage awards in estate matters radically changed in the years since about 2012 to date.
In one of the first larger awards for punitive damages in an estate dispute, Walling v. Walling 2012 ONSC 6580, a trustee acted with extreme bad faith in delaying the estate distribution and hiding assets. The Court awarded punitive damages of $100,000 due to his deliberate and reprehensible actions.
A review of earlier decisions prior to approximately the last 15 years, reflects the reluctance of the Courts to award punitive damages in estate litigation matters.
For example, in the decision S.G.W. v. D.W.W. (1998) B.C.J. NO. 840, the Court found that even though the personal representative’s behaviour was reprehensible, no punitive damages were awarded.
The Court found several examples of reprehensible conduct in the failure of the trustee to properly administer the estate. In addition to denying the children their rightful inheritance from the estate, the trustee also prevented them from attending funeral celebrations and refused a request for meaningful mementos. The trustee’s conduct in relation to the estate limited the children’s postsecondary opportunities. The trustee not only grossly mismanaged the estate but also completely ignored Court Orders.
In Zhang v. Zhang 2022 BCSC 2156, an award of $100,000 was made against a fiduciary who secretly traded shares held in trust for a beneficiary and failed to account to the beneficiary for the proceeds of sale.
In 6071376 Canada Inc. v. 3966305 Canada Inc. 2019 ONSC 3947, an award of $200,000 for punitive damages was made against a defendant who induced a group of investors to invest in the purchase of a property, which he then secretly sold without their knowledge. The Court found that the defendant lied to the plaintiffs, and covered up the sale for more than 6 years.
In Schwab Estate v. Warriner (2023) BCSC 220, a woman purported to be the spouse of a deceased person who died intestate, leaving children 11 years and 9 years old. The Court found that the defendant Warriner was not a spouse and that she wrongfully took possession of $350,000 proceeds from the sale of the deceased’s home by exercising undue influence on the deceased.
The Court held she was a trustee in a fiduciary relationship of the said funds for the children of the deceased. She unfortunately spent the $350,000 for her own profit, benefit, and advantage.
The Court found that her misconduct was malicious, oppressive, and high-handed, to the extent it offended the Court’s sense of decency and awarded $50,000 in punitive damages agai nst her.
The 2025 decision Liebenzeder Estate v. McIntyre 2025 BCSC 189, is noteworthy in that the Court made the highest estate punitive damages award in British Columbia to date against the administrator of the estate in the amount of $150,000.
The Court stated that an executor or administrator of an estate is in a fiduciary relationship, and as such must act in good faith and for the best interests of all estate beneficiaries. A personal representative must exercise authority to account to beneficiaries, creditors, and others to whom at law they have a duty to account.
The defendant MacIntyre repeatedly failed to provide information and documents regarding the estate, deliver estate funds, deal with CRA to release tax information, and generally ignored the beneficiaries of the estate, for which she was removed as executor, but failed to comply with the Cour t Order.
It is clear, however, that a trend has emerged in the Courts in the last 15 to 20 years. Where there is a greater willingness of the Courts to award punitive damages where the misconduct is malicious, oppressive, highhanded, planned, and deliberate, and over a period of time.
CONCLUSION
While the general rule that an award of punitive damages remains the exception and not the rule, it is a fact that there is a great deal of reprehensible conduct that regularly occurs in many estate litigation disputes. Most often the offending party is punished by an award of special costs against him or her.
It is clear, however, that a trend has emerged in the Courts in the last 15 to 20 years. Where there is a greater willingness of the Courts to award punitive damages where the misconduct is malicious, oppressive, high-handed, planned, and deliberate, and over a period of time.
Recent awards of significant amounts have been made against estate defendants who abuse the Court’s process or breach fiduciary duties. The more reprehensible conduct, the higher the award. Mulligan v. Stephenson 2016 BCSC 1941, at paragraph 140.
The Court found that McIntyre’s conduct was planned and deliberate and continued throughout to Court actions commenced against her in her personal capacity and in her capacity as administrator. She failed to participate in the proceedings, made promises she did not keep, and ignored Court Orders. She further withdrew more than $1.4 million from the estate accounts when it became clear she was likely to be removed as the administrator. Funds remained unaccounted for and documents that were ordered to be produced were not.
As such, practitioners in the area of estate litigation should seriously consider a claim of punitive damages where the misconduct in the estate is so egregious as to offend the decency of the Court. Until recently, claims for punitive damages were largely not taken seriously as it was unlikely they would be awarded.
Courts have shown that is no longer the case.
TREVOR TODD restricts his practice to estate litigation. He has practised law in Vancouver for 50 years.
BC Notaries Speak Your Language
BC Notaries around the province o er many noncontentious legal services in an impressive variety of languages.
English
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Bengali
Bosnian
Bulgarian Cantonese
Chinese
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Danish
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Fookien
French
Fujian
German
Gujarati
Hebrew
Hindi
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Italian
Japanese
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Mandarin
Persian
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Portuguese
Punjabi
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Russian
Scottish
Serbian Shanghainese
Spanish
Swahili
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Tagalog
Taiwanese
Tamil
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Telegu
Turkish
Ukrainian Urdu
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“Knowledgeable and Capable”
“Knowledgeable and Capable” 604-538-3388 CammackHepner.ca
“Knowledgeable and Capable”
604-538-3388 CammackHepner.ca
604-538-3388 CammackHepner.ca
#106 – 1656
#106 – 1656 Martin Drive Surrey, BC V4A 6E7
#106 – 1656 Martin Drive Surrey, BC V4A 6E7
Gordon G. Hepner MA(ALS), Notary Public gordon@CammackHepner.ca
Legal Entity Identifiers
Introduction
Î Of late, when notarizing [international] transaction documents (especially those involving either or both significant financial or Intellectual Property transactions), Canadian Notaries are being required to include particulars of their client corporation’s Legal Entity Identifier (“the LEI”) in addition to its local Business and Corporation numbers.
Anecdotally, the LEI is unknown to most people and their professional advisors involved in the Canadian corporate sector.
That lack of knowledge is generally of little moment presently because, overwhelmingly, Canada’s registered companies are currently unlikely to have need of an LEI.
What is an LEI?
In the aftermath of the 2008 global financial crisis, through the Global LEI Foundation (“the GLEIF”), the Financial Stability Board implemented the LEI and its governance mechanism (see Annex “A”), the aim being to establish a single internationally accepted identification system for corporations and other government and nongovernment business entities that transact across borders.
The LEI is a 20-character alphanumeric code (based on the ISO 17442 standard that was developed for the purpose by the International Organization for Standardization).
The code links key standardized publicly available reference data about a counterparty entity such as its name, structure, and ownership that, in turn, enables other parties to transactions to verify the nature and quality of the entities with which they are dealing.
For example, the Bank of Canada’s LEI is 549300PN6MKLOCLP4T28.
Characters 1 – 4
Those characters identify the Local Operating Unit (“the LOU”) that identifies the source from which the LEI was issued.
Characters 5 & 6
Those characters are reserved digits. (in every LEI format, when not in use, they remain “00”).
Characters 7 – 18
That section of the LEI number is unique and different for every registered Legal Entity.
Characters 19 & 20
Those final two digits are checksum digits that serve to check whether the LEI complies with the ISO standard and is properly formed.
As noted, however, by the Bank of Spain in its Occasional Paper (see Principal Sources below), having public administrative registries in place to enable corporations to be identified is not standard practice in many [developing] countries and that affects the quality and coverage that can be achieved with a single global code such as the LEI.
LEI Issuers
LOUs are GLEIF accredited LEI issuers. They are nongovernment commercial entities such as Bloomberg L.P. and the London Stock Exchange LEI Limited. Most LOUs can and do accredit entities in several disparate jurisdictions.
LOUs and their respective accreditation authorities are searchable on the GLEIF website. www.gleif.org
Initial registration costs and periodic renewal fees vary as between LOUs, but typically, for Canada, they are not more than CAN$100.00 per registration.
Number of LEIs Registered Worldwide
Currently there are approximately 2.9 million LEIs registered within the world’s estimated 360 million registered companies . . .
y about 1.74 million LEIs have been registered in Europe, y about 377,000 i n Asia, y about 448,000 in South America, and y about 235,000 in t he USA.
Other than for Mauritius (which has a large number of nonresident companies), where 2,170 LEIs have been registered, accurate information about the limited number of LEIs registered elsewhere in Africa is not readily available.
Number of LEIs currently Registered in Canada
There are now approximately 35,600 LEIs registered in Canada.
Although a good many of the registered entities are private corporations carrying on continuing or occasional business abroad, generally speaking LEIs have been obtained by banks and other listed public companies and by unlisted pension and investment fund managers and trustees.
The LEI Lookup Register
The global LEI Register, www.leilookup.com, may be accessed free of charge. That means anyone, anywhere in the world, can conveniently and easily ascertain if a [registered] public or private organization is actually the entity it claims to be.
PETER ZABLUD
The Verifiable Legal Entity Identifier (“vLEI”)
Emboldened by the take-up of the LEI around the world to support substantial financial transactions, the GLEIF is now broadening its horizons and is seeking to “create a standardized, digitized service capable of enabling instant, automated trust between organizations and their authorized representatives, and the counterparty organizations and representatives with which they interact [domestically and internationally].”
The GLEIF proposes that the “new ecosystem…will operate across all industry sectors globally” and that ultimately “every organization worldwide should have only one global identity, which can support its participation in an increasingly digital economy.”
The GLEIF goes on to say that the Verifiable Leal Entity Identifier (“the vLEI”) is “the secure digital counterpart of a conventional LEI. It is a digitally trustworthy version of the 20 digit LEI Code. . .which allows automated entity verification [and] thus can replace the manual processes conventionally required to access and confirm an entity’s LEI data.”
A formal Qualification Programme to vet and monitor a network of [qualified] vLEI issuers has now been established.
According to the GLEIF, the vLEI gives companies, government, organizations, and other legal entities worldwide the capacity to use nonrepudiable identification data pertaining to their legal status, ownership structure, and authorized representatives in “any kind of digital interaction, transaction, or e-signature scenario,” including by way of example
y digitally signing regulatory filings and reports;
y verifying business payments;
y accelerating business entity registration and licence issuing;
y facilitating customs and border control checks; and
y securing the remote execution of business contracts.
Laudable as that initiative may be, how long it will take to implement and become commonly accepted within corporate communities and generally in even the most developed countries, is simply anyone’s guess.
In any event, given that the principal function of the vLEI appears to be domestically oriented within those jurisdictions that will take it up, for the time being, discussion about the vLEI is beyond the scope of this article.
ANNEX “A”
Background to the Introduction of the LEI
"...and that ultimately “every organization worldwide should have only one global identity, which can support its participation in an increasingly digital economy.”
Principal Sources
y Bank of Spain Occasional Paper No. 2401: “How to Identify all Companies Worldwide. Experience with the Legal Entity Identifier (LEI)”
Ka Kei Chan and Alistair Milne, The Global Legal Identifier System: How can it deliver. ( Journal of Risk and Financial Management, Issue 12, 2019) 39
GLEIF, Sundry papers and articles found online
GLEIF, The vLEI : Introducing Digital ID for Organizations Everywhere
McKinsey & Company, “The Legal Entity Identifier: The Value of the Unique Counterparty” ID October 2017, found at www.mckinsey.com
Wikipedia: The Online Encyclopedia
Described by the former US Secretary of the Treasury, Mr. Timothy Geithner (in office, 2009 to 2013), as “in effect, a fourth pillar of the architecture of global economic government, alongside the International Monetary Fund, the World Bank and the World Trade Organisation,” the Financial Stability Board (“the FSB”) is an international body based in Basel, Switzerland, that monitors and makes recommendations to the G20 members about the global financial system.
The FSB was created during the 2009 G20 Pittsburgh Summit as the successor to the Financial Stability Forum (“the FSF”) that had been founded in 1999 by the finance ministers and central bank governors of the G7 countries.
The FSB includes representatives from all the G20 members as well as the members of the former FSF (viz. the CEOs of the eight largest financial institutions headquartered in the USA). It is hosted and funded by the Bank for International Settlements.
The LEI Governance and Implementation Framework
At the request of the G20, the FSB established a governance and implementation framework for LEIs consisting of
y a Regulatory Oversight Committee (“ROC”);
y a Central Operating Unit, viz. the Global LEI Foundation (“GLEIF”); and
y Local Operating Units (“LOUs”) that manage the regulatory validation and maintenance of the LEI records.
PROFESSOR PETER
ZABLUD, AM, RFD, is an Australian Lawyer, and Notary.
Statutory and Treaty Registration Systems on Aboriginal Lands
This is the second of a 4-part series discussing the types of Aboriginal lands and the several systems for registering interests on First Nations lands in Canada.
Part 1
16 types of Aboriginal interests in land that may be encountered by lawyers and Notaries in BC (published in The Scrivener, Fall 2024, page 29)
Part 2 (The Article Below)
Statutory and treaty registration systems on Aboriginal lands
Forthcoming in Future Editions of The Scrivener:
Part 3
Which Aboriginal land registry you should be using and how to use each registry
Part 4
The legal effect of registration in an Aboriginal land registry
NICOLE TOMASIC
ETHAN KRINDLE
JACK WOODWARD, KC
Î Of the 16 different types of Aboriginal lands, most are never encountered by legal practitioners. Notaries and lawyers are mainly interested in securing their clients’ property rights through registration of their interests. There are several different types of First Nations lands that can be registered and several different registers in which those interests can be recorded.
Here is the “family tree” of registration systems for Aboriginal lands in Canada.
1. Reserves: Leases under section 58(3)
2. Reserves: Section 28(2) permits and other rights of temporary use
3. Reserves: Absolute su rrenders
4. Reserves: The right of a non-Indian spouse to occupy the fam ily home
The “Indian Lands Registry” 1
Comparing First Nations Land Registers to the BC Torrens System
In this series of articles, we will frequently compare the provincial (Torrens) system with the First Nations land registration systems, because legal professionals are already familiar with the use of the provincial land registration system. A provincial land register includes searchable records of who
Tla’amin Land Law, TNL 12/2016
5. Land Codes under the First Nations Land Management Act or Framework Agreement on First Nation Land Management Act
6. Special legislation such as shíshá lh Lands
7. Lands held pursuant to modern treaties
8. Mét is lands
9. Severalty lands under Treaty 8
1 Not a statutory term.
2 Not a statutory term.
3 Indian Act, s. 21.
4 Indian Act, s. 55(1).
5 Not a statutory term. ISC itself is inconsistent in what it calls these various entities. For example, at https://isc.gc.ca/ eng/1100100034803/1611929056890 ISC refers to the “First Nations Land Registry System” and the “Self-Governing First Nations Land Register,” but https://services. aadnc-aandc.gc.ca/ILRS_Public/ Home/Notice.aspx refers to the “First Nations Land Register System” and the “Self-Government First Nation Land Registry.”
6 Framework Agreement on First Nation Land Management Act, s. 9.
7 Not a statutory term.
and also registration of certain lands with the BC Land Title Office
holds title for each parcel of land, as well as any interests registered against that title.
If the practitioner wishes to transfer title or record a new interest, they will typically perform a pre-registration search of the state of the title, then submit a registration package to the registry, and finally conduct a postregistration search to ensure the transfer
8 Westbank First Nation Self‑Government Agreement, s. 96(b), which applies pursuant to the Westbank First Nation Self‑Government Act, s. 3(1).
9 Including laws of the treaty nations enacted pursuant to the treaties.
or new interest has been registered and no other competing interests have appeared in the interveni ng time.
Registering interests on First Nations lands, such as Indian Reserve lands, is quite different. There are a number of unique features and considerations that a Notary or a lawyer should be aware of.
What Type of First Nations Land Are You Dealing With?
The procedures involved in registering an interest on First Nations land may vary considerably depending on what type of First Nations land it is. For example, the legal professional may be deali ng with y reserve lands, y treaty la nds, or y the lands of self-governing First Nations.
Indian Reserve Lands
If the land in question is on a reserve,¹ the next question for the legal practitioner is whether that reserve is administered under the Indian Act or the Framework Agreement on First Nation Land Management Act (FNLMA Framework Agreement). By default, reserves are administered under the Indian Act . A First Nation may elect, however, to opt out of certain provisions of the Indian Act by passing its own Land Code, thereby bringing the reserve land under the FNLMA Framework Agreement instead.
Reserve lands administered under the FNLMA Framework Agreement will have different procedures for registering interests. A list of First Nations with a Land Code can be found at https:// labrc.com/resource/land-codes/.
Unlike fee simple lands, title to reserve lands is held by the Federal Crown in trust for the band and does not change hands in a transaction (unless the land in question is being absolutely surrendered to the Crown, which has not happened in modern times). Instead, interests in reserve lands can be registered on particular parcels. Legal practitioners are most likely to encounter interests involving “designated” reserve lands that have been “conditionally surrendered” by the band so they can be leased.
Legal practitioners should be mindful of the “importance of complying with the processes, procedures, protections, and rules set out in the Indian Act … when nonband members seek to engage in business activities on indigenous lands.” 2 Indigenous land registration considerations may also inform the issues in family and property law disputes, among others. 3
Lands of Self-governing First Nations
Unlike
fee simple lands, title to reserve lands is held by the Federal Crown in trust for the band and does not change hands in a transaction (unless the land in question is being absolutely surrendered to the Crown, which has not happened in modern times).
Treaty Lands
When dealing with lands subject to a treaty between the Crown and First Nations, especially a modern treaty, the legal practitioner will need to consult the terms of the treaty in question to see how transactions involving land are handled. Depending on the terms of the treaty, the land may also be subject to the laws of the First Nation.
1 Indian Act, s. 2(1) “reserve”: (a) “means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band” (etc.).
2 Ziprick v. Simpson Estate, 2020 BCSC 401 at para 1.
Some First Nations administer lands pursuant to self-government agreements with the federal Crown. In BC, the shíshálh Nation and the Westbank First Nation have such agreements, among other First Nations. As with treaties, the details of land management will vary with the terms of the agreement and the legal practitioner will need to familiarize themselves with the details of the agreement in question. For example, the agreement might give the First Nation law-making power over their Indian reserves, or might convert those reserves to fee simple lands registered within a provincial land r egistry.
Conclusion
Unlike the 100-year-old Torrens system, Aboriginal land registration systems are relatively new to the legal scene and there are ongoing growing pains as those systems are brought on stream. There will be changes to those systems and there may be errors in this article. As stated by the Federal Court, “the Department [currently named Indigenous Services Canada] has not made the land tenure system any clearer for [litigants] despite having clear responsibilities under the Indian Act .” 4 Likewise, First Nations land tenure systems may appear less than clear to Notaries and lawyers engaging with this area of law.
In the fourth and final articles in this series, we will attempt to bring the reader up-to-date with recent changes. Please don’t hesitate to contact us if you find a mistake.
Next article in this series: Which Aboriginal land registry you should be using and how to use each registry.
JACK WOODWARD, KC, ETHAN KRINDLE, and NICOLE TOMASIC are lawyers practising in the field of Aboriginal and Treaty rights, from an office in Campbell River, BC.
3 See e.g., Brody v. Leonard , 2024 BCSC 1251 and Gambling v. Dykes, 2021 BCSC 938 (aff’d 2021 BCCA 434).
4 Pelletier v. Delorme , 2019 FC 1487 at para 121.
Flipping Tax Comes to BC
Î When the BC Provincial Government tabled its 2024 provincial budget on February 22, 2024, it included the Residential Property (Short-Term Holding) Profit Tax Act (the “Act”). That legislation came into force January 1, 2025, making British Columbia the first province to target flipping real property through legislation.
The Act created a new tax that applies to profits earned from selling residential property in British Columbia (including presale contracts), if owned for less than 730 days.
The tax applies retrospectively to properties that were purchased before it came into force on January 1, 2025, meaning properties purchased prior to enactment of the Act will be subject to the new flipping tax if disposed of within 730 days of acquisition.
For example, a property acquired on May 1, 2023, and sold on January 31, 2025, would be taxable under this Act. In contrast, however, if that property was held until June 1, 2025, the profit earned from the sale would not be subject to the tax.
If the transaction involves a presale contract, the acquisition date is deemed to be the date the contract was purchased or assigned. For example, a presale contract acquired on June 1, 2025, for a condo that will complete on March 1, 2027, will be deemed to have been acquired on June 1, 2025, when the transaction ultimately completes.
The tax applies to individuals, corporations, partnerships, and trusts alike that sell or dispose of a taxable property on or after January 1, 2025. It’s important to note that a disposition doesn’t refer only to transactions where money changes hands; it applies to any form of consideration—whether cash or in kind. The tax does not apply to deemed dispositions, gifts, or legal transfer of title where there’s no corresponding transfer of beneficial ownership.
The tax applies to the net taxable income from the disposition of taxable property owned for less than 730 days. The applicable rate is 20 per cent for the first year, after which it declines on a straight-line basis to day 729, at which time it reaches zero.
JEREMY ANDERSEN
The Act created a new tax that applies to profits earned from selling residential property in British Columbia (including presale contracts), if owned for less than 730 days.
shutterstock.com
How is the Tax Calculated?
Calculating the tax is a 4-step process.
1. Determine the taxable income from the sale.
That is calcu lated as net proceeds from sale (net of reasonable legal, appraisal, real estate commissions, inspections, and surveys)
minus total cost to acquire the property (including legal fees; taxes, such as GST and transfer tax; appraisal, survey and registration fees; and title insurance) minus costs to improve the property (those must be of an enduring nature and do not include regular repairs and maintenance) and costs to replace appliances (but not related financing costs)
2. Determine net taxable income.
If the property is your primary residence and you lived in it for more than 365 days, you can deduct from the taxable income your share of the $20,000 primary residence deduction (proportionate to your beneficial interest).
3. Calculate the t ax rate
For the first 365 days, that will be 20 per cent, after which it is calculated li ke this.
4. Calculate taxes owing by multiplying the net taxable income by the t ax rate.
That is best illustrated by an example. Let's say you purchased a property for $900,000 on May 1, 2023, and you sell the property on January 31, 2025, for $1,000,000. Assuming you put $10,000 into the property for improvements,
your taxable income would be $90,000 ($1,000,000 - $900,000 - $10,000).
If you also lived in the property during that time, you would be eligible for the full $20,000 primary residence deduction, which means your net taxable income is $70,000 ($90,000 - $20,000). On January 31, 2025, you would have owned the property for 641 days, making your tax rate 4.88% (20% × [1 - ((641 - 365) ÷ 365)], which means the tax owing is the net taxable income of $70,000 × 4.88% or $3,413.70.
Exemptions
Properties used exclusively for commercial purposes for the entire period of ownership are exempt. If the property was used for residential purposes when it was purchased and subsequently used for commercial purposes, it may not qualify for any exemption; carrying out business in some or all of a residential property, however, does not constitute a commercial purpose for the purposes of a tax exemption.
Of course, where a seller holds residential property for the purpose of its sale or renovation, such uses do not constitute commercial pu rposes.
There are also exemptions for these.
y Certain life circumstance, such as the death of the owner or a related individual, serious injury or disability, eligible relocations (such as a move for school or work), and changes in household membership (for example additions of new family members to the home), relationship breakdown (marital or common law), financial distress, threat to personal safety, and destruction or expropriation of the property.
y Builders, developers, and building or renovating related activity
y Sales between people who are related by blood, marriage, or adoption.
y There is also an exemption where the property was the primary residence of each party to the transaction for at least a year before the transaction occurred.
Of course, where a seller holds residential property for the purpose of its sale or renovation, such uses do not constitute commercial purposes.
Filing Requirements
It’s important to be aware that where the tax applies to a transaction, a return must be filed, regardless of whether or not the calculation of taxes results in no taxes owing or if an exemption has been claimed.
Where the tax does apply, a return must be filed within 90 days of the sale. Failure to file a return as required under the Act will result in a penalty that is the greater of $500 or 5 per cent of the balance owing, plus an amount determined by specified formula. Interest will also be assessed at a rate of 3 per cent on any taxes owing.
Given that the Residential Property (Short-Term Holding) Profit Tax Act is a new, unique piece of legislation, it is reasonable to expect changes and clarification from the government as the tax is applied to various situations and as questions arise.
The information contained in this article is based on what is publicly available at the time of writing. Readers are advised to stay abreast of changes by visiting the BC Flipping Tax webpages or subscribing to updates at https:// www2.gov.bc.ca/gov/content/taxes/ tax-updates/email-subscription-form.
JEREMY ANDERSEN is a Courtenay Notary Public and CPA, CA, with 20 years’ experience working in the public sector, private industry, and public practice.
Aligning Progress with Purpose
Î At LTSA our commitment to our vision—“A real property market that is trusted and transparent”—is matched by our approach to the integration of environmental, social, and governance (ESG) principles in our strategy.
That work is guided by feedback from both external and internal stakeholders to focus on the ESG topics that matter most to our stakeholders and the communities we serve.
Environmental Stewardship
Addressing Climate Resilience and Sustainable Operations
LTSA strives to minimize our environmental footprint. A key enabler of that has been our longstanding focus on digital innovation.
With the introduction of electronic filing of records in 2004 and web-based land title forms in 2019, LTSA’s electronic land title and survey plan submissions and online search functions reduce paper and emissions associated with mail and transpor tation.
LTSA continuously works with stakeholders to reduce paper filing and storage, mailing costs and emissions, and travel to and from LTSA offices for filing and processing of transactions. Today, over 97 per cent of transactions are received electron ically.
Supporting Climate Resilience and Disaster Recovery
Natural disasters can disrupt land boundaries, creating uncertainty for property owners. In response, LTSA has developed and published post-disaster guidance for landowners and local governments to support recovery efforts. We are also taking pro-active steps to prepare for the impacts of a significant earthquake by developing solutions to help maintain boundary certainty even when landscapes change.
AL-KARIM KARA
Social Responsibility
Advancing Indigenous Reconciliation
LTSA is committed to meaningful reconciliation with Indigenous Peoples in alignment with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Declaration on the Rights of Indigenous Peoples Act (DRIPA), and responding to the Calls to Action from the Truth and Reconciliation Commission (TRC).
We are proud to support the development of the First Nation Land Governance Registry (FNLGR) in partnership with the Lands Advisory Board and First Nations Land Management Resource Centre. The registry will create essential infrastructure for First Nations land governance, further First Nations land management, and provide reliable and trustworthy registration of interests in land to support First Nations operating under the Fra mework.
Agreement on First Nations Land Management Act
LTSA also performs an important role in supporting First Nations Agreements and advancing the provincial government’s commitments to First Nations in BC. That involves ensuring clarity and certainty in boundaries of lands transferred to First Nations. Key responsibilities include issuing survey instructions to land surveyors, reviewing and approving the resulting legal survey plans, preparing and issuing Crown grants where applicable, and providing comprehensive land and survey-related advice throughout the process.
Enhancing Customer Experience
Delivering high-quality accessible services is a cornerstone of LTSA’s operations. To that end, LTSA uses customer feedback to identify enhancements that will improve customers’ experience. Along with activities like focus groups, advisory committees, and post-transaction surveys, LTSA conducts an annual Customer Relationship Health Survey to measure overall experience.
LTSA continues to update its approach to digitizing vault records with a longterm goal of improving accessibility while reducing the need for physical access, thereby contributing to preser vation.
LTSA supports efforts to address discriminating covenants in land title records and continues to amend discriminating language in accordance with current legislation. With over 100 million records in paper and microfilm format, the effort to find and strike discriminating covenants is ongoing.
Promoting Diversity, Equity, and Inclusion
LTSA is dedicated to fostering a safe, respectful and inclusive workplace. Through best practices and continuous learning, we are building a culture that values diversity, supports work-life balance, and encourages innovation. We recognize that supporting our people is key to delivering trusted public service.
Strong Governance
Fighting Fraud and Strengthening Trust
To continue to protect the integrity of BC’s real estate market, LTSA is leading efforts to enhance transparency and security in property transactions. One of our most exciting initiatives is the development of the Verified Transaction —a digital approach to securely identify and connect all parties involved in buying and selling property.
By improving identify verification and data standards, the Verified Transaction aims to reduce fraud, support interoperability with public agencies, and enable fully paperless real estate transactions. It is a critical step toward a safer, more efficient property system for all.
Ensuring Cyber-Security and Data Privacy
With the majority of LTSA services being delivered online with modern technology, LTSA takes cybersecurity and data privacy very seriously. We invest continuously in our Cyber Security Program, conduct regular risk and vulnerability assessment, and maintain strict compliance with data protection laws. Every new product/service undergoes privacy and security impact assessments to ensure customer trust and organizational resilience.
While ESG has long informed how LTSA operates, our ESG framework enables us to better align our initiatives with longterm goals and public expectations. With every step forward, we remain committed to acting with integrity, serving in the public interest, and continuing to build on our vision of a real property market that is trusted and transparent.
AL-KARIM KARA is President and CEO of Land Title and Survey Authority of BC (LTSA).
A New Chapter for Dye & Durham:
Reinforcing Our Commitment to the BC Legal Community
Î For over a century, Dye & Durham has grown alongside the legal community in British Columbia (BC), building technology that reflects how those professionals work and supporting their ongoing success. Our roots run deep in this province and we value the longstanding relationships we’ve built.
We’re entering a new chapter in our evolution because we know that as the legal industry changes, we need to change with it. The past few years have brought change and, at times, uncertainty. We recognize that we haven’t always delivered on our promises. But it’s a new day at Dye & Durham. We’re focused on demonstrating our commitment to our partners by putting our customers at the centre of everything we do and following t hrough.
A Renewed Commitment, Shaped by Your Needs
Dye & Durham is on a journey to become a truly customercentric organization—one that works in partnership with clients and delivers solutions that serve legal professionals’ needs, not slow you down. That includes rethinking how we support customers across every touchpoint, with clearer communication, more local input, and better service delivery. To support that, we’ve already significantly expanded our product and people teams in BC.
Being a truly supportive partner also means listening first. Over the past year, we’ve deepened our engagement with the BC legal community, gathering feedback and rethinking how we design and deliver our technology. More than updating or launching new software, our goal is to build enduring solutions that respond to the real challenges and opportunities legal professionals face in this province.
Building for BC, with BC
Unity ® BC is one example of our renewed customer-first approach. While the platform is already helping thousands of firms across Canada to streamline operations, we've spent the past year tailoring it specifically for the BC legal community. That work has included close collaboration with local Notaries and conveyancers throughout early testing phases. Their insights have been instrumental in shaping a platform that reflects how work gets done here, drawing on decades of regional knowledge and grounded in the day-to-day realities legal professiona ls face.
That collaboration continues. A beta version will be available for hands-on user-testing soon. Preliminary feedback has already been insightful and encou raging.
With your ongoing input, we’re aiming to make the Unity ® BC platform more broadly available starting this Fall; it will keep expanding and evolving to meet your growing business needs.
Looking Ahead, Together
This is a pivotal moment for our company and our relationship with the BC legal community. Unity ® BC is one milestone but it’s part of a broader journey to get back to basics—focusing on delivering a product and service that are unpara lleled.
We’re excited about what’s ahead and committed to making sure every step we take reflects the needs of the professionals who’ve relied on us for generations.
SID SINGH is Interim CEO at Dye & Durham. He leads the company’s strategic direction and operations, with a focus on strengthening customer relationships and delivering longterm value to legal professionals across Canada and beyond.
SID SINGH
There are business opportunities for Notaries in various communities throughout British Columbia. Some of the Requisites for Becoming a BC Notary
• Undergrad degree with a CGPA not less than 3.0
• Interest in the practice of law
• Strong entrepreneurial spirit
• Strong communication and people skills
• Dedication to community and serving the public
• High degree of honesty and integrity
For more information, please contact The Society of Notaries Public of BC 1-800-663-0343 or visit our website, www.snpbc.ca.
The Fellowes AutoMax 200M Auto Feed Shredder
Î Out of curiosity, I checked the average hourly rate of a therapist these days. It ranges from $100 to $250. The cost of the Fellowes AutoMax 200M Auto Feed Shredder is a one-time fee of $946.
How are they connected? Both offer peace of mind and serenity from our sometimes-crazy office environments . . . shredding is also therapeutic.
The AutoMax 200M can shred sheets of paper individually or in batches of 200 pages with its automaticfeeder tray.
First of all, the auto-feed feature is a game-changer. Gone are the days of gently coaxing each sheet into the machine like you're trying to feed a picky toddler. Now you dump in your stack of documents and let the machine work its magic. I watched in awe as it pulled in the papers like feeding time at the zoo—smooth, efficient, and a little hungry for more.
You can also manually feed up to 10 sheets (8.5” x 14”), plus credit cards, junk mail, and optical discs. I have not added the shredder to my payroll. Yet.
AKASH SABLOK
During heavy testing, this unit was the superhero of document destruction, with no jams halfway through and no demands for a break. This is the shredder that comes ready to work like a seasoned professional. And no jamming here—paper or reggae; the Auto Reverse feature helps clear most jams before they become a n issue.
Let’s talk about noise for a second. The sound of a normal shredder is like a 747 airplane wearing slippers. (What does that even mean?) The AutoMax 200M hums like it’s on a mission to save the world. It’s soft, nonintrusive hum is like a Canadian wearing slippers. Not as zen as a waterbrook, it’s quiet enough to run while you are on the phone or trying to concentrate on a file.
And it has 4 smooth wheels to glide it around. You can move the unit easily from desk-to-desk.
Shreds are cross-cut to a P-4 security level, each sheet reduced to 397 confetti-like pieces (5/32” x 11/2”). If my wife and I ever renew our vows, I know where to get confetti. A bin sensor stops the machine when the bin is full, displaying a red Bin Full indicator. Then just press down the contents or empty it ent irely.
While many shredder bins cling to paper shreds with static electricity, this one doesn't. And you don’t need a liner. The integrated handle makes it easy to
slide out the contents and dump them into a large trash or yard bag. With the spacious bin, you don’t have to stop every 2 minutes to empty it.
In conclusion, this shredder is so good, I’ve started joking that it’s my new work BFF. It's quiet, fast, and gets the job done without complaint—much like the friend who always offers to help you move without being asked. I’m waiting for it to start helping me with my taxes.
I’m giving it 5 stars, though I wouldn’t be mad if it tried to shred a few of my less-than-helpful emails . . .
2-year warranty on machine and service 7-year warranty on cutting blades
Pirate Nigella
Benny & Dudley
Bea’s Herd
HONOURS AND EVENTS
Happy Birthday, Little Lincoln
Gail Maida
Î Maltese Cross Lincoln, born in March 2004, has just turned 21 . . . for a small dog, that’s equivalent to 100 human years!
I got Lincoln from my cousin’s dog’s litter when he was just 6 weeks old and began taking him to my Notary office every day.
In the beginning, he slept in a small basket on the reception desk; in due course, he would curl up in a soft bed under a chair in the reception area.
Lincoln was happy to receive constant loving attention from my Notary clients as they were greeted by the sweet little guy with the friendly, wagging tail. He went to work with me for 16 years until I retired 5 yea rs ago.
Lincoln continues to amaze me with his daily stamina and determination to continue on at 21 and allow me and my family to enjoy his constant company!
Partner with purpose
Empower others to help future generations through their Will. With your expertise, your clients can make a profound impact on children’s health. Join our network at bcchf.ca/legacy