The Scrivener - Winter 2024 - Volume 34 Number 3 by BC Notaries Association

RIMPY SADHRA President of the British Columbia Notaries Association

COMPARE PROPERTY VALUES

Search and compare property assessment information at bcassessment.ca

If you’re among BC’s approximately 2 million property owners, you should receive your 2025 property assessment in the mail in January. The 2025 assessments are based on market value as of July 1, 2024.

Have questions or want more information? Visit us online at bcassessment.ca or contact us at 1-866-valueBC. The deadline to file an appeal for your assessment is January 31, 2025.

Editor-in-Chief

BCNA CEO

Chad Rintoul

Administrative Coordinator

Jenna Gardezy Courier

Courier & Logistics

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email: scrivener@bcnotaryassociation.ca

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This journal is a forum for discussion, not a medium of official pronouncement. The BC Notaries Association does not, in any sense, endorse or accept responsibility for opinions expressed by contributors.

Professional Camaraderie Counts for the People of British Columbia!

“Thoughts” for Allied Professions Nigel Atkin

30 History of the British Columbia Law Institute

Karen Campbell 32 REIBC: Collaboration Enhances Success

Tamara Da Silveira 36 REFBC 2024 Land Awards: Celebrating the Winners

Stephen Hui 41 DNA In Estate Litigation

Trevor Todd 44 Strata Corporations with Sections: Cancelling Sections

Elaine T. McCormack

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Pillar of Professionalism in British Columbia

Collaborative

46 Philanthropy and a Sense of Belonging: Recipe for Well-being

Sara Neely

50 Top 10 Tips for Effective and Compassionate Communication with Vulnerable Clients

Rhonda Latreille

52 Introducing The Common Law Association of Notaries

Kate Roome

2024 Tour de Cure

Creating Legacy Gifts 101 Hilary Beard

Technology: Normatec Elite Akash Sablok 62 People

RIMPY SADHRA

BC Notaries’ Path Forward to 2030!

Î This edition of The Scrivener emphasizes the important relationships between Notaries and Allied Professions and also highlights how that benefits British Columbians in ensuring they are better represented in their legal in t erests.

Building ties and sharing educational opportunities with allied professions is an ongoing priority for the BC Notaries Association (BCNA).

The recent Industry Holiday Classic event in Vancouver, organized by the Real Estate Institute of BC, was an excellent opportunity for members of the real estate community to network. Participants from the Appraisal Institute of Canada BC, Mortgage Brokers Association of BC, and Greater Vancouver Realtors joined members of the British Columbia Notaries Association for an enjoyable evening.

path for the Association toward 2030 will be brought forward in early 2025 for adoption. The strategic plan will serve as a road map to the future as legal professions work toward a new unified single-regulatory environment for Notaries, paralegals, and lawyers in British Columbia.

Collaboration among professionals was one element addressed in the recent BC Notaries Association stra-

tegic plan renewal process.

I welcome Rimpy Sadhra to the role of President of the BC Notaries Association for the year ahead. Rimpy takes over from Daniel Boisvert who has chaired the Board since its inception in 2018. Daniel was instrumental in building the foundation of the Association and is a tireless advocate for BC Notaries. His commitment and service to the profession are greatly appreciated by his colleagues.

A. PROPERTY MATTERS

1. Residential and Commercial Real Estate Transfers

2. Mortgage Refinancing Documentation

3. Manufactured Home Transfers

4. Easements, Covenants, and Rights of Way

5. Builder’s Liens

6. Subdivisions and Statutory Building Schemes

7. Zoning Applications

B. PERSONAL PLANNING

1. Wills Preparation

2. Powers of Attorney

3. Representation Agreements

4. Advance Directives

5. Wills Notice Searches

6. Estate Planning

C. NOTARIZATION/DOCUMENTS

1. Affidavits for All Documents required at a Public Registry within BC

2. Certified True Copies of Documents

3. Execution/Authentications of International Documents

4. Notarizations/Attestations of Signatures

5. Insurance Loss Declarations

6. Personal Property Security Agreements

7. Statutory Declarations

8. Authorization of Minor-Child Travel

9. Letters of Invitation for Foreign Travel 10. Passport Application Documentation

D. BUSINESS

1. Business Purchase/Sale

2. Commercial Leases and Assignment of Leases

3. Contracts and Agreements

E. SOME BC NOTARIES PROVIDE THESE SERVICES.

1. Marine Bills of Sale and Mortgages 2. Marine Protests

3. Marriage Licences

Collaboration among professionals was one element addressed in the recent BC Notaries Association strategic plan renewal process. Following a detailed survey of our membership, interviews with stakeholders, and a workshop held with the BCNA Board and some members at large, a plan developing a

I have enjoyed the opportunity to work with Daniel and look forward to his ongoing contributions as our Past President.

As we welcome the new year, my thanks to the team at the BCNA for their dedication and work to support Notaries—and my best wishes to our Scrivener readers for a healthy and prosperous 2025!

4. Mediation

5. Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca.

Note: Not all Notaries provide all services listed. Please check with your Notary before making an appointment for services.

CHAD RINTOUL

My Career Journey:

Looking Back and Moving Forward

Î Hello, BC Notaries . . . and of course all Scrivener readers!

Amid the cold, Winter offers us a chance to find and create warmth. It is a time for reflections, connections, gathering, and sharing stories in the company of loved ones. As we start the new year, I hope this message will provide comfort.

It is an honour to step into the role of President of the BC Notaries Association. As I happily assume this responsibility, I am reminded of the dedication my predecessors have provided to BC Notaries. I would like to thank our Past President Daniel Boisvert for building a strong foundation for the BCNA these past 6 years. I am deeply humbled by the trust placed in me by the BCNA Board and the membership and am committed to furthering the vision of the BCNA and our members.

I believe that to stand by someone and support their vision, you must know who they are. I would like to share a little bit about who I am—what drives me and what has shaped me into the person I a m today.

I am the eldest of four. A firstgeneration South Asian woman, I was raised with solid Canadian values that emphasize kindness, inclusivity, hard work, and a deep appreciation for living in such a diverse and beautiful country. Simultaneously, my upbringing is deeply rooted in traditional values, instilling in me a profound respect for my heritage, traditions, and family

honour. For me it is about respecting my parents’ hard work and appreciating the opportunities provided to us.

I grew up in Burnaby, graduated from Cariboo Hill Secondary, and went on to complete my undergrad at SFU. On the day I gained acceptance into the teachers’ program at SFU, I was asked to run for a Burnaby School Board Trustee position. I enjoy being involved in my community. Therefore, I ran for election at age 22. Although not elected, I found it a valuable and amazing experience.

Upon completion of my Bachelor of Arts degree, I entered the world of insurance as a broker, working my way to obtain my CAIB designation. I worked at BCAA for 5 years, starting in personal lines insurance and moving into education and training. As rewarding as my career at BCAA was—and there were possibilities to move up the corporate ladder, I had a lingering feeling I wanted more and to do more.

I really wanted to be in the legal profession.

At that point, I again researched the requirements to be a BC Notary Public. What had seemed daunting some years ago, now looked more realistic. I decided to go for it and completed the application. Three days later, I got a call for an interview and was accepted into the postgraduate MA ALS Program (Master of Arts in Applied Legal Studies) at SFU—Cohort 2. I was commissioned in May 2011 and began my Notary career.

RIMPY SADHRA

As many Notary colleagues will appreciate, opening a Notary business is no easy task. I was now a Notary Public, learning to manage the different personas of being a Notary, an employer, businessowner, and often the office administrator.

As thrilled as I was about having my own business, my awareness of the importance of education and training stayed with me. I expressed my interest in creating a conveyancing course for Notary students and collaborated with the Notary Society to help develop the course I still teach today. I have been an instructor for Notary students for the past 10 years at the Notary Society.

The teaching position allowed me to expand my work with the BCNA to develop conveyance courses for Notaries and Notary support staff. I am very proud to be a BC Notary and, despite the long days (stressful ones, too), I am pleased with the progress we have made in continuing education.

I have shared my career journey with you. The most important part of my life, however, is my family. The proud mother of beautiful children Khushi and Ari, I am wife to Raman, my outstanding, supportive husband and business partner. I couldn’t do any of this without him. It is through our teamwork that we manage a full-time Notary practice with multiple offices, and balance family life, a

I am also blessed with the endless encouragement from my loving imme diate family—parents Parmjit and Tejinder Khera and siblings Govin, Neeta, and Jay.

Our success as BC Notaries has been built through our relationships with our allied professions. We rely on the expertise of industry colleagues: Realtors, mortgage brokers, accountants, lawyers, financial advisors, insurance brokers, and many more, to effectively serve our clients.

I believe that to achieve certain goals and accomplishments, we all rely on our families, friends, colleagues, clients, and our community as a whole. In today’s interconnected world, no occupation operates in a vacuum.

That is especially

true in the legal field.

Continued collaboration and stronger interactions with our industry colleagues are crucial in ensuring ideal outcomes and the ongoing success of our Notary profession. Through networking, we learn and share insights as we come together on issues that matter most to our work and our clients. BC Notaries have established public confidence and reliability and are valued professionals in the noncontentious lega l realm.

I believe our profession is only as strong as our membership and the connections we foster, the ideas we share, and the actions we take together. I believe the true potential of our organization lies in the engagement of each of you. We can make incredible things happen—via networks with likeminded professionals; by enhancing our skills through participation in education conferences and workshops, and gaining invaluable knowledge.

Most important, as a unified body of individuals, our voices are amplified, whether we are advocating for policy changes or advancing our vocation.

As your President, I personally invite each of you to move forward with me toward shaping the future of our Association and our legal profession. Let’s unlock our power and feel the strength of our BC Notaries’ brand. I am excited to go on this journey with all of you and look forward to generating a legacy that makes us proud.

The future is bright and it begins with us—together.

Your President, Rimpy Sadhra

Professional Camaraderie Counts for the People of British Columbia!

Î BC Notaries are highly educated, caring professionals. They learn and study together in the challenging Master of Applied Legal Studies Program (MA ALS) delivered by Simon Fraser University; myriad continuing education opportunities ensure they stay up-to-date in the noncontentious legal realm in which BC Notaries practise.

Harmony is sparked in the Notary education cohorts, broadens to include seasoned Notary mentors, and continues throughout their careers.

Over the years at Notaries’ annual education conferences, I have had the pleasure of seeing those strong connections and friendships. Camaraderie is also alive and well in the business relationships our Notary members establish with other professionals. Says North Vancouver Notary Margaret Rankin, “In my practice, it is so good to deal directly with allied professionals with whom I have a rapport and feel confident. I know the clients I refer to them are in very good hands.”

The knowledge and experience of BC Notaries is sought by Allied Professions in our province. As the limited space on these pages permits, the theme of our Winter magazine showcases many of those professions.

“Patience is also a form of action.”

~ Auguste Rodin, sculptor, November 12, 1840 to 1917

VAL WILSON

iStock/3DSculptor

iStock/JLco - Julia Amaral

“Thoughts” for Allied Professions

Î In life and in all professions, humans’ greatest asset is the ability to think. Using our minds wisely for our individual and collective good provides advantages—in health and wealth—and ongoing progress.

In all professions, our thinking evolves from the effects of a basic high school education to broadening our knowledge through higher learning and a specialization, as many professions require.

As we move on in our life experiences and chosen careers, most of us don’t stop our learning with the credentials afforded by specializing. Numerous diplomas and degrees are awarded by colleges and universities, acknowledging individuals’ chosen disciplines, passion, and focus of service.

The Canadian Charter of Rights

In this personal “thinking” journey, The Canadian Charter of Rights and Freedoms guarantees “freedom of thought, belief, opinion, and expression, including freedom of the press and other media communication.”

Canadian philosopher John Ralston Saul points out that as learning past the restraints of specialization, “the definition of our second fundamental freedom begins by talking about the freedom of thought—notice it begins with thought, not facts—and goes on to belief, opinion, and expression.”

I believe that most of us—adults in professions—carry on debates in our own minds on many and various subjects.

The Divided Brain

There are two main hemispheres in our brain.

The left brain can be summed up as using logic, being detail-oriented, ruled by facts, versed in words and language, the present and past, math and science—more in terms of order and pattern. It is reality-based, forms strategy, and is practical a nd safe.

The right-brain-function is “bigpicture-oriented,” uses feelings, where imagination rules along with symbols and images; appreciates; aligns with the present and the future; and is more open to philosophy and religion. It “believes,” has special perception, is fantasy-based, presents possibilities, and is impetuous and risk-taking.

Those functions are documented in depth in Iain McGilchrist’s The Master and His Emissary: The Divided Brain and the Making of the Western World (2009)

In our “thinking” development, this inward journey is worthy of investigation, as are the consequences of one brain hemisphere dominating throughout history.

Egg Metaphor

One metaphor for using both sides of the human brain is in the symbol of the egg. At breakfast one morning when I was first serving in Iraq, a discussion ensued by contactors, soldiers, and others about “the most valuable part of an egg—the yellow yoke or the egg white?”

Various opinions were shared and supported until a retired Master Sergeant walked by, after listening from afar. He said, “Enough. The egg comes as a unit. Eat it as God made it. Both sides complement one a nother.”

That is the way our brain was designed, what study is advocated, and

how our own thinking can be enhanced by balancing the use of both sides of the brain.

A Doctor’s Advice

A few days ago I was laid up, thinking about this article, and watching Young Dr. Kildare (1938) on Turner Classic Movies.

In the script, two doctors are leaving the operating theatre, one a seasoned professional, and intern Dr. Kildare.

-You did very well, Kildare. You have good hands, good head.

- Thank you.

- Do you mind if I make one suggestion? You have a natural tendency to use your right hand too much.Give your left hand more to do. It saves time.

And I don't need to tell you that in an operation, every half-second saved is priceless.

- I'll try.

- And another thing. In your spare time, try using your left hand . . . when you're writing, shaving, eating. You'll find that will help a lot.

- Thank you very much.

- That's quite all right. Good night.

- Good night.

That’s good advice for everyone in life and in all professions.

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.

NIGEL ATKIN

BC REALTORS® Work with BC Notaries

Î Real estate is one of British Columbia’s most dynamic and impactful sectors, with far-reaching effects on the economy, communities, and individual lives. Behind the scenes, the BC Real Estate Association (BCREA) plays a pivotal role in supporting the professionals who help individuals and families navigate life-changing property decisions.

From its storied history to its modern-day contributions, BCREA serves as a cornerstone of ethical practice, education, and advocacy in the province. This article explores BCREA's founding, the services it offers, its collaboration with BC Notaries, and my vision for its future.

Origins and Evolution

BCREA was established in 1976, marking a significant milestone in the history of organized real estate in BC. The move was driven by the need for a unified organization that could effectively represent the interests of REALTORS® and advocate for the profession at a provincia l level.

The initial objectives of BCREA were multifaceted. One of the primary goals was to administer postlicensing real estate education. That was crucial in ensuring Realtors had access to continuous professional development opportunities that would help them stay updated with the latest practices and regulations. Additionally, BCREA aimed to act as a government liaison, representing the interests of Realtors

in discussions with policymakers, the regulator, and other stakeholders. The role was essential in shaping public policies that would benefit consumers and the real estate sector.

Over the years, BCREA has evolved. While its core mission of supporting Realtors and advocating for the profession has remained constant, the Association has expanded its services and initiatives to address new challenges and opportunities. Today, BCREA continues to play a vital role in enhancing the professionalism and effectiveness of Realtors in British Columbia.

BCREA Today

BCREA has 8 direct members—the real estate boards and associations throughout the province. The governance structure allows BCREA to work closely with its membership to ensure we are collectively working in the best interest of the real estate sector.

The Association provides several key services.

Professional Development

As the education landscape within the real estate sector has evolved, so has BCREA’s role, now focused on the development, maintenance, and progression of the Provincial Development Program (PDP). The PDP requires all Realtors in BC to take a minimum of 18 hours of continuing education within their 2-year licensing period. The program provides

TREVOR KOOT

While its core mission of supporting Realtors and advocating for the profession has remained constant, the Association has expanded its services and initiatives to address new challenges and opportunities.

continuous professional development opportunities to enhance the skills and knowledge of Realtors by offering courses, workshops, and seminars on various aspects of real estate practice.

Advocacy

As The Voice of BC REALTORS®, BCREA advocates for public policies that benefit consumers and the real estate sector and also takes the responsibility of being a resource for stakeholders very seriously. The Association works closely with government officials, regulators, real estate–adjacent organizations, and other stakeholders to ensure that the interests of buyers, sellers, and Realtors are represented.

Market Intelligence

BCREA conducts economic research and provides in-depth analysis of BC’s housing market, offering monthly updates, trend forecasts, and data-driven insights. Those resources not only empower Realtors to help their clients make informed decisions, they provide valuable information to policymakers and the public.

Standard Forms

BCREA co-owns a set of standard forms, the contracts used by Realtors across the province, with the Canadian Bar Association—BC Branch. Through the Standard Forms Committee, BCREA develops, maintains, and updates the standard forms to ensure they remain current, reliable, and compliant when used in real estate transactions.

Support Services

In the 2019 strategic plan developed in collaboration with the member boards, BCREA identified the opportunity to explore the provision of direct services to managing brokers throughout the province. That exploration resulted in several pilot projects that have, over time, become standard services. They include

y a Managing Broker Suppor t Line;

y a Managing Brokers Policies and Procedures Manual Template;

y Community of Practice bimonthly webinars;

y " BrokerConnect," a bimonthly newslet ter; and

y a Managing Brokers’ Portal on BCREA Access, the member-only area of the BCREA website with resources specific to managing brokers.

REALTORS® and BC Notaries

Notaries and Realtors play distinct-yet-complementary roles in supporting clients through real estate

transactions, ensuring all legal and administrative requirements are met. Those professionals operate under Acts and regulations governing their responsibilities and must ensure their actions align with those requi rements.

The real estate sector—like every other sector and industry—is experiencing constant and unrelenting change; we don’t expect that to slow down in the foreseeable future.

Realtors are often the first point of contact, assisting buyers in finding properties and drafting the Contract of Purchase and Sale or helping sellers market their properties and review offers. BC Notaries, when engaged early, can review contracts and provide impartial advice to help clients understand their rights, obligations, and the legal implications of the ag reement.

Realtors guide clients through due diligence, helping them set conditions, gather documents, and coordinate inspections. That may include pulling strata documents, acquiring building permits, reviewing disclosures, or addressing other key considerations. Notaries may contribute by clarifying strata bylaws, easements, or charges on title, ensuring clients understand their impact on the transaction.

The professionals must advise clients to seek independent legal or professional advice for matters outside their expertise, protecting clients’ interests and mitigating risks.

BC Notaries and Realtors rely on clear communication to ensure all documentation is accurate, deadlines are met, and the transaction progresses without unnecessary delays. By respecting each other's responsibilities and adhering to their respective governing regulations, the professionals help ensure a smooth process while keeping clients informed and supported from start to finish.

The Vision and Strategy

BCREA’s strategy is developed and monitored by a 12-member Board of Directors made up of 9 REALTOR® Directors and 3 Public Directors. That strategy is executed by me and a team of nearly 40 staff members, who bring a wealth and variety of expertise. A line I often share with audiences of Realtors is, “You don’t go to work every day thinking about BCREA, but the team at BCREA goes to work every day thinking about you.”

The coming year will be a strategic planning year for BCREA and the real estate sector at large. The 8 real estate boards and associations, BCREA, and other stakeholders will come together to determine where BCREA’s focus needs to be over the next few years and how best to support the real estate boards, managing brokers, and Realtors.

The real estate sector—like every other sector and industry—is experiencing constant and unrelenting change; we don’t expect that to slow down in the foreseeable future. As such, the team at BCREA knows the best way to ensure the organization is delivering on its purpose is to work with our partners and collaborate with stakeholders who complement our st rengths.

We look forward to continuing to work with the BC Notaries Association and the legal community at large to ensure we are all advancing our mandates in the best interest of our constituents and the consumer at large.

TREVOR KOOT is Chief Executive Officer of the BC Real Estate Association.

https://www.bcrea.bc.ca/

Building Bridges:

How Mortgage Brokers and Notaries Team Up for Seamless Real Estate Transactions in BC

Î In British Columbia’s real estate market, the partnership between mortgage brokers and Notaries is more than just professional courtesy—it’s a cornerstone of smooth, successful home purchases.

For Notaries looking to deepen their practice and for mortgage brokers striving to provide topnotch service, understanding how those two roles intertwine can unlock remarkable benefits for both the professionals and their clients. Let’s explore what mortgage brokers do and how their collaboration with Notaries can elevate the real estate experience.

The Value of Mortgage Brokers

Imagine navigating the maze of mortgage options alone—daunting,

right? That’s where mortgage brokers come in. They understand the lending landscape, connecting homebuyers with the best loan products tailored to their unique financial situations. Unlike bank representatives who offer products from a single institution, mortgage brokers have access to a vast array of lenders, ensuring clients receive competitive rates and diverse options.

What Mortgage Brokers Do

• Personalized Assessments:

y They evaluate clients’ financial health and homeownership goals to recommend the most suitable mortgage products.

• Negotiation Experts:

Leveraging their relationships with multiple lenders, they secure favourable terms and interest rates.

• Ongoing Support:

From the initial application to refinancing down the line, brokers provide continuous advice and assistance.

Mortgage Brokers and Notaries

In BC, Notaries are key players in supporting real estate transactions, handling title transfers, drafting contracts, and ensuring everything

y Streamlined Applications: Mortgage brokers guide clients through the application process, handling paperwork and ensuring everything is i n order.

CARLA GILES

- Julia Amaral

complies with provincial laws. When mortgage brokers and Notaries collaborate, the result is a seamless transaction that benefits everyone involved—especially the client.

Experienced mortgage brokers know the value of having trusted Notary partners. By fostering strong relationships with a select few Notary offices, brokers ensure every transaction is managed efficiently and professionally.

How They Build Their Relationships

• Consistent Communication:

Regular emails and conversations help confirm lender instructions and keep everyone on the sa me page.

• Collaborative Problem-Solving:

When unexpected issues arise between mortgage approval and closing, brokers and Notaries work together to find solutions swiftly.

• Holistic Client Support:

They identify additional needs, such as estate planning or extra financing opportunities, providing comprehensive service to clients.

Not every real estate deal is straightforward. Sometimes, a transaction requires the expertise of a conveyancing lawyer instead of a Notary. Mortgage brokers excel at determining when a client might need a lawyer’s specialized skills, ensuring every transaction is handled with the appropriate level of care.

When to Recommend a Lawyer

• Complex Transactions:

Deals involving unique legal challenges may necessitate a lawyer’s ex pertise.

• Lender Requirements:

Occasionally, lenders may stipulate that a lawyer handles the legal aspects of the transaction.

• Independent Legal Advice (ILA):

Clients might need both a Notary and a second lawyer or Notary to provide ILA, and mortgage brokers facilitate those connections sea mlessly.

Building Strong Relationships

At the heart of a successful partnership is excellent relationship management. When mortgage brokers and Notaries cultivate strong bonds, transactions flow smoothly and clients enjoy a stress-free experience.

Mortgage brokers and BC Notaries share common ground as independent businessowners dedicated to exceptional customer service and building lasting client relationships. Both thrive on word-of-mouth referrals and repeat business, making their collaboration naturally synergistic.

Common Ground May Include the Following.

• Client-Centric Focus:

Both professionals prioritize acting as reliable information sources and support systems for clients.

• Longterm Relationships:

Unlike bank representatives with transactional interactions, brokers and Notaries aim to build enduring partnerships similar to a neighbourhood Notary office.

• Growth Opportunities:

Joint marketing, educational events, and cross-promotions offer avenues for mutual business growth and expanded client reach.

Navigating Overlapping Roles

One often-overlooked aspect of the mortgage broker and Notary partnership is the overlap in their roles, especially concerning documentation. Both professionals frequently request similar documents from clients, such as identification, a void cheque,

1600 – 1095 West Pender Street Vancouver, BC V6E 2M6

Phone: (604) 689-3281

Fax: (604) 685-6494

www.macfuj.com

QUANG T. DUONG GORDON J. KEHLER

IAN M. KNAPP

MACKENZIE FUJISAWA LLP BARRISTERS & SOLICITORS

and current mortgage information. Recognizing the overlap can streamline the process and enhance the client experience.

Mortgage brokers can simplify transactions by providing Notaries with the essential documentation right from the start. That includes details such as the expected amount of financing the client needs to provide to close, any anticipated shortfalls or surpluses, and specific conditions such as penalties. By sharing that information early and clearly, brokers and Notaries can eliminate redundant requests and ensure all necessary details are addressed from the outset.

When both parties recognize the overlapping documentation needs, they can coordinate their efforts more effectively. The collaboration reduces confusion and prevents delays, resulting in a smoother and more efficient experience for the client.

Creating a Referral Network

The collaboration between mortgage brokers and Notaries extends beyond individual transactions, forming a robust network of trusted service providers for homeowners. The network supports clients throughout their homeownership journey, offering solutions for future financing, estate planning, a nd more.

The partnership between mortgage brokers and Notaries goes beyond the immediate transaction, allowing both parties to identify and address additional client needs. The comprehensive approach not only enhances the client experience, it fosters loyalty and repeat business.

Collaboration Opportunities

• Joint Marketing Efforts:

Co-hosting events, creating shared marketing materials, and leveraging each other’s client bases boosts visibility and reach.

• Educational Initiatives:

Hosting seminars or webinars on mortgage financing, legal aspects of real estate, and financial planning educates and empowers clients.

• Cross-Promotion:

Referring clients to each other’s services ensures comprehensive support tailored to their specific needs.

Conclusion: A Partnership for Success

The collaboration between mortgage brokers and Notaries in British Columbia is more than a professional alliance—it’s a powerful partnership that drives successful real estate transactions. By building strong relationships, maintaining open communication, and committing to exceptional client service, the professionals create a seamless and supportive environment for homeowners.

For Notaries aiming to strengthen their practice and expand their network, partnering with experienced mortgage brokers offers a pathway to enhanced client relationships, increased referrals, and mutual business growth. Together, mortgage brokers and Notaries form a trusted network of service providers dedicated to helping clients navigate the complexities of homeownership with confidence a nd ease.

As the real estate landscape continues to shift, the synergy between mortgage brokers and Notaries will remain a vital element of successful transactions, ensuring that clients receive comprehensive, reliable, and personalized support, every step of the way.

CARLA GILES, MBA, CAE, is CEO of the Canadian Mortgage Brokers Association – British Columbia. She leverages her extensive experience to advance the mortgage industry. cmbabc.ca | mbibc. cacmbabc.ca | mbibc.ca.

• Probate Applications

• Legal Advice to Executors

• Testamentary Trusts

• Living (inter vivos) Trusts

• Incorporations

• Tax-planned Corporate Reorganizations

CPABC: A Pillar of Professionalism in British Columbia

Î On June 24, 2015, the Chartered Professional Accountants Act came into effect, bringing together three professional accounting bodies in BC to form the Chartered Professional Accountants of British Columbia (CPABC). That created one of the largest professional organizations in the province.

CPABC is responsible for training, governing, and regulating over 40,000 CPA members and 6,000 CPA students. Its primary mandate is to protect the public interest by providing robust education and certification programs and enforcing regulation that upholds high professional and ethical standards. CPABC ensures its members are ready to meet the demands of the profession while maintaining public trust.

CPAs are trained to have the technical and professional skills necessary to excel in various roles across different industries. CPABC also offers ongoing professional development opportunities to help members stay updated with industry trends and changes in regulations. CPAs play an important role, offering valuable insights and advice to multinational corporations, mediumand-small businesses, nonprofits, government agencies, and individuals. They are respected for their leadership in public accounting, strategic thinking in corporate settings, and guidance in government accounting.

In the corporate sector, CPAs are essential for strategic planning, financial reporting, and compliance. They help businesses navigate complex regulations, manage risks, and make informed decisions. In the public sector, CPAs ensure public resources are managed efficiently while promoting transparency and accountability in government operations. Their expertise

is also crucial for nonprofits, helping those organizations achieve their goals while staying financially sust ainable.

Collaboration with BC Notaries

CPAs and Notaries in BC often team up to help clients with financial and legal matters. They collaborate on real estate deals: CPAs give financial and tax planning advice, while Notaries handle the legal side, such as preparing and notarizing property transfer documents.

For businesses, CPAs advise on financial structures and tax implications, while Notaries prepare and notarize incorporation documents and other legal paperwork. They also work together on estate planning with CPAs, offering tax planning advice and financial projections, and Notaries drafting and notarizing Wills, Powers of Attorney, and other estate documents.

The synergies between what a CPA and a BC Notary offer to their clients make them a great combination to give clients the full service they require. CPAs and Notaries have different roles and limitations, for example, CPAs can’t give legal advice and Notaries can’t offer financial or tax advice beyond their expertise.

As such, their collaboration provides clients with comprehensive support within their professional boundaries. Above all, working with a CPA gives clients additional comfort, knowing they are working with a regulated accountant.

The Importance of Regulated Professions

Like Notaries, CPAs are regulated professionals here in BC. Regulation ensures professional accountants are

LORI MATHISON

In

the corporate sector, CPAs are essential for strategic planning, financial reporting, and compliance. They help businesses navigate complex regulations, manage risks, and make informed decisions. In the public sector, CPAs ensure public resources are managed efficiently while promoting transparency and accountability in government operations.

properly trained and qualified while staying up-to-date with the latest knowledge. It also provides oversight to maintain their competence and protect the public.

CPABC is the only regulator of accountants in British Columbia. Only CPAs can call themselves profes sional accountants within a regulated profession; that distinction is vital for maintaining public trust. While many unregulated accountants play an important role in the province’s economy, they are not held to the same standard as CPAs.

The CPA profession requires practitioners follow a code of ethics and professional conduct that sets out principles to guide CPAs in their work, ensuring they act with integrity and due care. By following the ethical standards, CPAs help build public trust in their profession and contribute to a stable financial system.

By maintaining high standards, ongoing education, and ethical oversight, CPABC ensures its members are well-prepared to serve the public while contributing positively to the province's economy and remain trusted advisors and leaders within their communities.

LORI MATHISON, FCPA, FCGA, LLB, has served as CPABC's president and CEO since 2017. Under her leadership, CPABC has focused on important initiatives such as ensuring the profession and members continue to meet the needs of the ever-evolving regulatory environment and improving anti-money laundering efforts in BC. She represents British Columbia on the national Council of Chief Executives for Canadian CPAs. www.bccpa.ca

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Land Surveyors and BC Notaries Working Together: A Collaborative Approach to Property Transactions

Î The intricate process of property ownership involves numerous professionals, each playing a vital role in ensuring the legality, accuracy, and smooth transition of ownership. Among the key players are land surveyors and BC Not aries.

While their roles differ significantly, the collaboration between them is crucial in property transactions, land development, and legal disputes involving land boundaries. This article explores how land surveyors and Notaries work together to provide a seamless experience for their clients.

The Critical Partnership Between Land Surveyors and Notaries in British Columbia

Land surveying and notarial work are two essential professions that work together to facilitate property transactions, resolve disputes, and support economic development. In British Columbia (BC), the relationship between land surveyors and Notaries is especially vital due to the unique complexity of the province’s land ownership and survey systems.

The land survey structure in BC is rooted in its history, starting with the Hudson’s Bay Company and evolving through 3 colonial governments and

the provincial government. That process led to the creation of 9 distinct survey systems, forming the backbone of all land surveys in the province. Those systems, along with variations in ownership rights and restrictions, present unique challenges that require the collaboration of land surveyors and BC Notaries to resolve.

The Role of Land Surveyors in BC

Land surveyors are experts in mapping and measuring land, ensuring property boundaries are clearly defined and recorded. Their work goes beyond simple measurements. It often involves understanding historical land grants, ownership rights, and the exclusions or restrictions tied to titles.

In BC, land surveyors must navigate layers of complexity, such as

y early grants that included unique rights;

y ownership exclusions related to mineral or subsurface rights and road designations; and

y different origins of land grants, such as those issued by the Hudson’s Bay Company, colonial governments, or the Esquimalt and Nanaimo Railway (E&N).

LESLEY ANNE SICK

The historical context is critical for creating accurate surveys and understanding ownership rights, forming the foundation for Notaries to draft legally binding property documents.

Land surveyors specialize in determining precise boundaries, identifying topographical features, and producing accurate property descriptions. Their work provides the foundational data required for the establishment of property lines, preparation of subdivision plans, identification of encroachments, and support of real estate development projects.

Using advanced technology, such as GPS and GIS systems, land surveyors produce detailed surveys that serve as the basis for legal documents and property transactions.

The Role of Notaries in BC

Notaries act as legal professionals who ensure the accuracy and legality of property transactions. They rely on

the precision of land surveyors’ work to draft documents such as title transfers. Notaries also verify that property descriptions align with survey data, ensuring all parties in a transaction have clear and accurate information.

Notaries must often address issues uncovered by surveyors, such as discrepancies in boundaries, encroachments, or restrictions on ownership. Those findings are essential for drafting documents that reflect the true nature of the property being tra nsacted.

Notaries, particularly in civil law jurisdictions, are legal professionals who prepare, authenticate, and certify legal documents. Notaries act as trusted intermediaries, ensuring agreements are legally binding and that all required documents are i n order.

Collaboration in Resolving Complexities

The collaboration between land surveyors and Notaries is particularly

important in BC, where land ownership complexities abound. For instance, the survey fabric, created through the province’s 9 historical systems, requires detailed research to ensure accuracy. Land surveyors analyze past records, identify survey evidence, and establish or re-establish property boundaries. Notaries then use that information to prepare legal documents that uphold the integrity of property transactions. The collaboration between land surveyors and Notaries ensures that property transactions and land-related legal matters are handled with precision and transparency.

Examples of Complex Ownership in BC

y Water Boundaries:

Some grants include ownership of creek or riverbeds, where one side may be privately owned and the other owned by the province.

y Railway Belt Lands:

Surveyed as Dominion townships and granted by Canada, those lands often have restrictions tied to railway development.

y E&N Railway Grants:

Lands surveyed and organized as blocks within the E&N system carry unique ownership rights and restrictions. Those complexities require land surveyors to work closely with Notaries to ensure property transactions are both accurate and legally sound.

Economic and Legal Importance

The partnership between land surveyors and Notaries is critical to the province’s economic development. A trusted land title system, built on sound survey fabric, allows property owners to raise capital and supports investment. Land surveyors ensure boundaries are accurate and reliable, while Notaries create the legal framework for transactions. Together, they provide the foundation for secure property ownership, enabling BC’s growth.

Shutterstock/Francesco Scatena

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The Association of British Columbia Land Surveyors

The Association of British Columbia Land Surveyors (ABCLS) is a self-governing body created under the Land Surveyors Act. It is delegated authority by the government to regulate the profession and practice of land surveying in British Columbia, on behalf and in the interest of the public.

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To protect the public, the ABCLS maintains robust standards for entry to the profession, and comprehensive regulatory tools to support land surveyors in meeting professional and ethical obligations. If those standards are not met, actions are taken through investigation and discipline processes. Only individuals and companies licensed by the ABCLS are permitted by law to undertake and assume responsibility for land surveying practice in BC.

The ABCLS is a not-for-profit organization governed by a Board of elected practising land surveyors, government appointees, the Surveyor General of British Columbia, and a practising land surveyor appointed to serve as Secretary. The Board is accountable to the public through the Ministry of Water, Land and Resource Stewardship for the governance and management of the organ ization.

Conclusion

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In British Columbia, the relationship between land surveyors and BC Notaries is a cornerstone of the property system; both are historic regulated professions. By combining technical precision with legal expertise, they help navigate the province’s unique land ownership complexities. Whether defining boundaries, resolving disputes, or facilitating transactions, their collaboration ensures a seamless process, fostering trust in BC’s land title system and supporting the broader economy.

LESLEY ANNE SICK, BCLS, ALS (Ret.), P.Eng. (NP), is the Secretary of ABCLS. www.abcls.ca

Working Together For You

Î There is a strong sense of community among the BC professionals who assist clients to buy and sell pro p erty.

Over my many years as a REALTOR®, I have regularly recommended the services of BC Notaries to help with the preparation, execution, and registration of legal documents required to complete a purchase and sale.

BC Notaries are well versed in real estate law and the complexity of land title transfers. In the assembly line of professionals who are involved in a

real estate transaction, a Notary’s work comes at the end of the line.

From mortgage documents, to contract of purchase and sale, to disclosures, and the many other details that require verification, a Notary will ensure that all legal requirements are met, while protecting the clients’ rights and best interests, streamlining the transfer process, reducing the likelihood of errors, and ensuring the process is secure.

TAZMEEN WOODALL is a REALTOR® with OAKWYN REALTY LTD., North Vancouver.

Seeking Partner or Notary Employee

Notary Services 1551 Pandora Avenue, Victoria, BC, V8R 6P9 tim@shipleygroup.ca | www.shipleygroup.ca Ph: 250.592.4342 Fx: 250.592.4386

The Shipley Group

We are a well-established Notary practice on the Oak Bay/Victoria border, having held this office space for the past 30 years. Well known and respected professional office that assists clients with their notarial needs. We cover all areas of the Notary practice with a strong focus on estate work, tailoring a personal experience for each of our clients.

We are seeking a Notary who may be just starting out to help take and grow this office into the future. The office comes with a fully up-to-date network, five computer workstations, and all the software required for Notary work. Located in a vibrant, busy neighbourhood with high foottraffic and great parking!

Please look at our website for more information on our practice: www.shipleygroup.ca.

We look forward to hearing from you and hope you will join us here in Victoria.

TAZMEEN WOODALL

A Collaborative Trio:

How a Real Estate Agent, Mortgage Broker, and a BC Notary Public Create the Ultimate Real Estate Experience

Î The real estate industry thrives on collaboration and expertise. When it comes to buying or selling property, clients benefit immensely from a well-coordinated team. In British Columbia, real estate agents, mortgage brokers, and BC Notaries come together to provide a smooth, seamless experience, ensuring clients achieve their real estate goals with minimal stress

The Role of the Real Estate Agent

As the first point of contact, Dennis guides clients through the buying or selling process with a deep understanding of the local market, property values, and legal requirements. His expertise ensures every client’s needs are met, from finding the right property to negotiating favourable terms. His role doesn’t stop there; Dennis collaborates

closely with Rima and Brenda to make sure the financing and legal sides of the transaction are covered, allowing clients to enjoy a hassle-free experience from start to finish.

The Role of the Mortgage Broker

When financing is required, Rima steps in to secure the best mortgage terms and rates tailored to each client’s unique financial situation. Acting as a bridge between clients and lenders, Rima’s knowledge of complex financial products helps buyers stay within budget and navigate the mortgage process wit h ease.

Working alongside Dennis, Rima ensures buyers are pre-approved and ready, empowering Dennis to guide clients toward properties that align with their financial comfort zone.

In British Columbia, real estate agents, mortgage brokers, and BC Notaries come together to provide a smooth, seamless experience, ensuring clients achieve their real estate goals with minimal stress.

The collaboration enhances the buying experience and shortens the approval timeline—essential in today’s competitive market.

The Role of the Notary Public

Brenda handles the legal details, overseeing the documentation needed to transfer property ownership smoothly. From preparing and registering the title transfer to managing the funds, Brenda ensures compliance and accuracy, protecting the buyers and the sellers; she handles the paperwork efficiently. Together, they prevent any legal complications from delaying the process, giving clients peace of mind during the final steps of their transaction.

Real Estate Agent Dennis Kiffiak, Mortgage Broker Rima Zino (centre), and BC Notary Brenda Shergill

An Integrated Approach: Working Together for Clients

When three experts join forces, clients enjoy a well-rounded, seamless experience. Here’s how teamwork enhances every stage of the real estate journey.

1. Streamlined Communication and Coordination

With the trio working in sync, there’s less chance for miscommunication or delays. Dennis can easily keep both Rima and Brenda in the loop, ensuring everyone stays aligned with the t imeline.

2. Legal and Financial Preparedness

Rima’s mortgage pre-approval process sets the foundation for Brenda’s legal work, confirming that buyers are financially ready. Brenda can complete the necessary documents swiftly and conf idently.

3. Confidence in Negotiations

A pre-approved mortgage arranged by Rima, her legal advice, and the completion of due diligence searches on a property allow Dennis to act for his clients in a more effective manner during negotiations. The confidence placed in his clients by Rima and Brenda, enables Dennis to act swiftly in competitive sit uations.

4. Proactive Problem-Solving

Challenges like title issues or financing delays are common in real estate. With the Realtor, mortgage broker, and Notary working together, any issues are quickly addressed to keep the transaction moving smoothly.

5. Personalized Client Ex perience

Each client’s needs are unique. Dennis, Rima, and Brenda tailor their services to meet specific goals, from finding suitable properties and securing financing to ensuring legal

compliance—all with a focus on longterm financial wel l-being.

A Collaboration is Key to Real Estate Success

Together, the professionals bring unparalleled expertise and service to real estate clients. Their combined knowledge provides clients with confidence, guidance, and support through every step, turning a complex process into an empowering experience. For clients, that means less stress, more value, and a truly collaborative real estate journey.

Conclusion

In today’s competitive real estate market, success hinges on teamwork to exemplify the power of collaboration, creating a streamlined, supportive experience for buyers and sellers alike. Collaboration sets the standard for real estate services in British Columbia, giving clients the expertise and confidence they

The Cornerstones of Financial Security:

Tax-Efficient Wealth Planning, Risk Mitigation, and Estate Preservation

Î While financial security often revolves around building wealth, a larger picture is just as important— protecting and preserving that wealth for future generations.

I’ve had the privilege of guiding clients through the intricacies of their financial lives. Three pillars are central to that process are tax-efficient wealth planning, risk mitigation, and estate preservation. At every stage, I emphasize the importance of having a comprehensive estate plan, including a Will and Power of Attorney (POA), to ensure my clients achieve peace-ofmind alongside financial st ability.

1. Identifying Gaps in Tax-Efficient Wealth Planning

Tax-efficient investing is often the bedrock of a sound financial plan. It’s not just about growing your wealth but doing so in a way that optimizes tax implications over the short-term and the longterm. My process begins with a discovery phase where I delve deep into my client’s current situation, including family structure, goals, and financial landscape. I review investment structures, income sources, and tax strategies. The goal is to identify inefficiencies or missed opport unities.

For example, I often see cases where incorporated professionals or business owners have excess funds sitting in their corporations, earning minimal

interest. By employing strategies such as tax efficient investments, prescribedrate loans, or Individual Pension Plans (IPPs), clients can grow their wealth while deferring or reducing taxes.

The same principle applies to retirement planning. Whether it’s optimizing contributions to a Registered Retirement Savings Plan (RRSP) or balancing withdrawals between Tax-Free Savings Accounts (TFSAs) and taxable accounts during retirement, small adjustments can result in significant tax savings over time.

2. Risk Mitigation: Protecting What You’ve Built

No financial plan is complete without a strong risk mitigation strategy. While building wealth is crucial, so is safeguarding the financial security of clients and their families. That involves ensuring clients have the appropriate insurance products in place, such as life insurance, critical illness insurance, and disability insurance.

Beyond insurance, risk mitigation includes stress-testing financial plans for unforeseen circumstances, and tax efficiency. For instance, how would a sudden loss of income, a severe illness, or an unexpected market downturn impact your lifestyle or retirement plans? By modelling those scenarios, we can create contingency strategies to ensure longterm financial resilience.

Beyond insurance, risk mitigation includes stresstesting financial plans for unforeseen circumstances, and tax efficiency.

That is also where estate planning becomes vital. A well-structured Will and Power of Attorney are essential tools in protecting your assets and ensuring your wishes are carried out if you’re unable to manage your affairs. Without those documents, your estate could be tied up in legal complications, leaving your loved ones vul nerable.

3. Estate Preservation: The Importance of a Will and POA

Estate preservation is the third pillar of a robust financial plan, one that is often overlooked. In British Columbia, the importance of having a Will and POA cannot be overstated. Those documents provide not only clarity and direction, they protect your family from unnecessary stress and financial complications during challenging times.

RUP SINGH

As part of my discovery process, I always ask my clients whether they have a Will and POA in place. Surprisingly, many do not. Some believe it’s unnecessary, while others have outdated documents that no longer reflect their current circumstances. I always stress that having a Will and POA is just as important as having a financial plan. Those legal documents work hand-inhand to ensure your wealth is protected, your wishes are honoured, and your family's future is secured.

For businessowners or incorporated professionals, having multiple Wills can be particularly beneficial. That strategy helps separate personal and corporate assets, potentially reducing probate fees, and simplifying the estatesettlement process.

If a client doesn’t have a Will or POA—or if their existing documents are outdated—I encourage them to seek professional advice immediately. While lawyers are often the go-to professionals for complex estate-planning needs, BC Notaries offer a cost-effective solution for individuals with straightforward circumstances.

Why Everyone Needs a Will and a POA

A Will outlines how your assets will be distributed after your passing, while a POA appoints someone to manage your financial or personal matters if you become incapacitated. Without those documents, your estate may fall under the default rules of intestacy, leaving critical decisions in the hands of the Courts.

Consider These Scenarios.

y If you pass away without a Will, the Court decides how to distribute your assets, which may not align with your wishes.

y If you become incapacitated without a POA, your family might need to go through a lengthy and costly process to gain authority over your affairs.

Having the documents in place provides peace-of-mind not only for you

but for your loved ones. It ensures your estate is managed efficiently and that your family can focus on healing rather than navigating legal complexities.

The Role of BC Notaries in Estate Planning

For clients with straightforward estate-planning needs, Notaries are often the simplest and most costeffective option. Notaries in British Columbia are highly skilled professionals who can prepare Wills and POAs tailored to your circumstances.

The Process is Straightforward.

1. A BC Notary will meet with you to understand your wishes and gather relevant details about your assets and beneficiaries.

2. A Notary will draft your Will and POA, ensuring that the documents comply with BC laws.

3. You’ll review and finalize the documents, with a clear plan i n place.

For clients with more complex situations, such as unique family dynamics, a lawyer may be more suitable. Regardless of the complexity, the key is to take action and ensure those essential documents are i n place.

Bringing It All Together

The financial-planning process is holistic and collaborative. By addressing gaps in tax-efficient investment strategies; implementing risk mitigation measures; and ensuring estate preservation through proper, legally enforceable documentation, clients can achieve personal satisfaction knowing their financial future is secure.

At the heart of the process is education. Many clients are unaware of the importance of estate planning until we discuss it during our discovery meetings. By raising awareness and guiding them toward professional advice, I help my clients protect not only their wealth but also their families and legacies.

In addition to offering advice, I pride myself on introducing my clients to a wide range of qualified professionals who can help meet their needs.

Take the First Step Toward Financial Security.

If you don’t have a Will or POA in place—or if you suspect your financial plan may have gaps—it’s time to take action on a comprehensive review to create a plan that protects your assets, secures your legacy, provides you with the peace-of-mind you deserve, and ensures that your financial future is as secure as it is prosperous.

RUPMEET SINGH is a Portfolio Manager and Wealth Advisor at RBC Dominion Securities. rupmeet.singh@rbc.com

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Participate to Help Others

Î Everyone has the ability to share and give back to the community and help those in need. Since school, I have been part of many committees and Boards of Directors for various nonprofit and charity organizations.

BC Children's Hospital Foundation is one of them. After finishing a September Easter Seals event that raised over $12,000, I itched for another—to teach the younger generation that philanthropy isn't just about rich people doling out millions of dollars and that grassroots events are meaningful, delightful, and help those i n need.

With only a month to plan, I scheduled a Halloween event suitable for families to support and attend. As a BC Notary, I have a lot of working partners such as Realtors, mortgage brokers, and appraisers who are now personal friends. When I reached out

to them for donations, they did not shy away . . . they were all very enthusiastic.

Individuals and their companies donated money, sponsored raffle prizes, and took their own families and friends to join the event. Many thanked me for the opportunity to teach their kids there is no too-small effort and that little actions all add up to have a big impact.

The Charity Halloween Bowling took place October 20 with 300 people in attendance and raised over $70,000 for the BC Children's Hospital Foundation. It was great to see everyone participate and enjoy candies and balloons and costume contests for kids and adults. For those 2 hours, there were was no work stress . . . simply laughter and good fun.

NOTARY CHERYL KWOK has a firm in Richmond, BC

CHERYL KWOK

Cheryl Kwok with Realtors and BC office representatives from RIFO.

Cheryl Kwok with members from the Richmond RCMP and Win Lui, Owner of Win Lui Group

Working Together with Chartered Professional Accountants

Î In our previous issue, I referred to the nexus in much of the knowledge required to be competent in both the professions in which I practise (BC Notary and Accountant).

Specifically, the nexus exists where the work I do as a BC Notary Public intersects with the Income Tax Act . Indeed, to one degree or another, there is an intersection between the Income Tax Act (ITA) and the work many of our readers do, regardless of the profession to which we belong.

There are obvious instances when clients should be encouraged to seek the advice of an income tax practitioner. Over the past 2 years, one example has been the confounding reporting requirements for bare trusts. There are less obvious examples of seemingly mundane transactions many taxpayers take for granted that can result in a significant tax liability for the unwary.

Notaries are oftentimes challenged when they attempt to convince their clients of the necessity to seek the advice of an income tax practitioner. One way to overcome such resistance is for the Notary to have an established relationship with a trusted CPA to whom the clients can be referred.

In this article, we’ll explore one deceptively simple example: The Principal Residence Exemption (PRE).

Most taxpayers take for granted that the proceeds from the sale of their home are received tax-free. Complications can arise, however—to name a few . . .

y where the characterization of the property for tax purposes is u nclear;

y where the property is larger than half a hect are; or

y where the disposition of the property is the result of a breakdown of marital relations.

The taxpayer’s occupation can also impact eligibility for the PRE.

JEREMY ANDERSEN

Capital Property Requirement

Only gains on account of capital property qualify for the PRE—even if the taxpayer has occupied the property for the entire period of ownership. In simplified terms, the ITA defines “capital property” as any depreciable property that results in a capital gain. The implication by omission is that capital property held on account of income does not qualify for t he PRE.

While there is no provision in the ITA that describes when gains from the sale of real estate are determined to be on account of either capital or income, the Courts have considered various factors, such as

y the taxpayer’s intention with respect to the real estate;

y the feasibility of the taxpayer’s intention and extent to which that intention has been carried out; and

y the geographical location and zoning of the property.

The nature of the business, profession, or calling of the taxpayer and associates is also a factor the Courts have considered. In other words, the more closely a taxpayer’s business or occupation is related to real estate transactions, e.g., a builder or Realtor, the more likely a gain on real estate will be considered business income rather than a capital gain and thus not eligible for t he PRE.

Dispositions Where Land Exceeds One Half Hectare

The ITA states the principal residence of a taxpayer includes the housing unit and such portion of any immediately contiguous land as can reasonably be regarded as contributing to the use and enjoyment of the housing unit as a residence. Where the total area of the land exceeds half a hectare (approximately 1.235 acres), the excess is deemed not to have contributed to the use and enjoyment of the housing unit as a residence—unless the taxpayer establishes it was necessary to such use and enjoyment.

Whether this deeming provision can be rebutted is a question of fact. For instance, the CRA has stated that where a severance restriction has been imposed on the land (and the land is not used for income earning purposes), such a restriction will be considered in determining whether the land in excess of half a hectare is necessary for the owner’s use and enjoyment of the residence as a principal residence.

That can occur, for example, in situations where municipal zoning or agricultural land reserve restrictions have been imposed. It can also occur where there are restrictions concerning waterways, such as drainage ditches, creeks, streams, rivers, ponds, and lakes.

If a minimum lot size or severance restriction is removed in a particular year, the excess land would generally no longer be considered necessary for the use and enjoyment of the housing unit as a principal residence for that year and any subsequent year—regardless of whether the taxpayer actually took steps to sever the land.

Dispositions on Marital Breakdown

For the purposes of the PRE, only one property may be designated as the principal residence of any member of the taxpayer’s family unit for a given year. For the purposes of the PRE, a family unit includes the taxpayer’s spouse or common law partner—unless the spouse or common law partner was throughout the year living apart from the taxpayer and was separated from the taxpayer under a judicial separation or a written separation agreement.

When a marriage breaks down, one of the results is often a disposition of the family home. When that occurs, if each spouse owned a separate property (either because the family owned multiple properties or because each purchased another property) before a judicial separation was obtained, or before a written separation agreement was signed, only the first spouse to designate their property as a principle residence will be eligible for the PRE.

In a situation where a divorcing couple jointly owns two properties and as part of their settlement each spouse receives one of the properties, absent any election to the contrary, the ITA will deem each spouse to have owned 100 per cent of their property while it was jointly owned. If the parties do not mutually agree which property will be designated as the principal residence for the years during which they were married and before they divorced, only the first party to designate their property will be entitled to claim the PRE for those years.

On the surface, the Principal Residence Exemption can appear to be relatively simple. The examples I have described here are but a few to illustrate the intricacies and complexities that exist in even seemingly simple aspects of the Income Tax Act .

Notaries working together with other professions, such as Chartered Professional Accountants, and leveraging our respective areas of expertise, is one important way to ensure we best serve the interests of our respective cl ients.

JEREMY ANDERSEN is a Courtenay Notary Public and CPA, CA, with 20 years’ experience working in the public sector, private industry, and public practice.

History of the British Columbia Law Institute

Î The British Columbia Law Institute (BCLI) was established in January 1997, to continue the work of the Law Reform Commission of British Columbia that had operated from 1970 to 1997. The Commission's role was to review British Columbia's laws, including statutes, common law, and Court decisions, to simplify and modernize them.

When the Commission's operations ended, the BCLI was established to maintain and pursue the work of the Commission, albeit in a different form. We continue to focus on clarifying and reforming law, while improving access to justice and developing just and innovative solutions. BCLI houses the reports and publications from the former Commission, carrying on its important work in developing and refining the law.

BCLI Now

BCLI aims to clarify and simplify the law to meet modern social needs, enhance the administration of justice, and uphold the rule of law through scholarly legal research. In 2003, we established the Canadian Centre for Elder Law (CCEL) to conduct research, law reform, outreach, and education concerning older adults in Canada.

In 2022, BCLI launched the Reconciling Crown Legal Frameworks Program (RCLF) to support research and innovation aimed at aligning BC's Crown legal framework with Indigenous laws. It follows the BC Legislature's 2019 passage of the Declaration on the Rights of Indigenous Peoples Act that requires all laws in BC be aligned with

the United Nations Declaration on the Rights of Indigenous Peoples ( UNDRIP).

Our work falls into three main categories: reports, study papers, and practical resources.

Reports recommend specific reforms for legal frameworks based on deep research, expert input, and public engagement. A recent example is the 2024 “Report on Artificial Intelligence and Civil Liability” that advances recommendations to adapt tort law to address harm caused by autonomous artificial intell igence.

The Strata Property Act project was a larger initiative supported by the Notary Foundation of BC. In Phase One, the 2012 “Report on Strata Property Law” assessed the need for law reform and identified priority issues. The 2015 “Report on Terminating a Strata” followed with 21 recommendations to improve the process for cancelling and winding up ageing strata properties.

Study papers explore and analyze current legal issues and considerations for reform. In 2022, BCLI published a “Study Paper on Public Hearings” to enhance understanding of the law through a detailed examination of British Columbia’s legal framework that led to a report set for release in 2025. At the same time, CCEL released a study paper examining BC’s oversight of health care assistants through the BC Registry, reviewing the broader provincial health professional regulatory framework, and exploring reform options from other jurisdictions, finally concluding with seven potential pathways.

KAREN CAMPBELL

Practical resources provide public legal information and best-practice tools, such as “A Practical Guide to Elder Abuse and Neglect Law in Canada” and the upcoming “Guide to Wills and Estate Planning for First Nations Clients Living on Reserves,” slated for release in 2025. The elder abuse guide provides an overview of relevant laws and best practices for responding to elder abuse, while the estate-planning guide serves as an informational aid for BC lawyers and Notaries advising First Nations clients on expertise in Aboriginal law or estate matters.

From 2023 to 2026, BCLI’s strategic focus includes five key areas.

1. Collaborative Leadership

BCLI will lead collaborative law reform by engaging legal and community experts, strengthening networks and coalitions, and incorporating lived experience. We will

y involve impacted communities in data-gathering and representation;

y increase awareness of our work among Courts, governments, and community groups; and

y ensure our activities reflect equity, diversity, and inclusion.

2. Alignment with UNDRIP

BCLI’s law reform work will align with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). That i ncludes

y building relationships with Indigenous commu nities;

y developing UNDRIP expertise, supporting the Declaration on the Rights of Indigenous Peoples Act through strategic resea rch; and

y promoting Indigenous laws and governance.

Additionally, we will share our approaches with other jurisd ictions.

3. Elder Law Advancement

BCLI will prioritize elder law reform through the Canadian Centre for Elder Law, supporting current and future initiatives to benefit elder communities.

4. Flexible and Sustainable Funding

We will diversify and secure funding sources that support equity, diversity, and inclusion. They include

y increasing unrestricted funding;

y reducing reliance on project grants; and

y establishing multiyear revenue streams.

5. Employer of Choice

We seek to be a sought-after workplace, fostering staff engagement with a diverse team and incorporating equity, diversity, and inclusion practices.

Achievements

BCLI has made many contributions to law reform, with nearly 300 citations from Courts, professionals, and academics, including the BC Court of Appeal and the BC Supreme Court.

Major achievements involve the BC Legislature implementing our report recommendations. The most recent one implemented recommendation from our “Report on the Uniform Civil Enforcement of Money Judgments Act (2005) ” in the passage of the Money Judgment Enforcement Act (Bill 27) that received royal assent in October 2023 and is set to take effect in 2025.

Connection to BC Notaries

BCLI is dedicated to supporting legal professionals and has built strong connections with BC Notaries. Notaries play an important role in our governance by having The Society of Notaries Public of British Columbia appoint a member on our Board. Notaries also act as advisors in our project design and implementation, such as the Succession Law Project and our new Housing Law Reform project. We regularly rely on BC Notaries to participate in our committees to help us ensure our work stays relevant and timely.

As a valued partner, the Notary Foundation of British Columbia trusts BCLI’s work and funds several projects, including the “Undue Influence Recognition and Prevention Guide” and the Health Care Decision-Making: Legal Rights of People Living with Dementia P roject.

Our commitment to publishing resources for legal professionals reflects the recognition that Notaries are an integral part of this community,

Major achievements involve the BC legislature implementing our report recommendations. The most recent one implemented recommendation from our “Report on the Uniform Civil Enforcement of Money Judgments Act (2005)” in the passage of the Money Judgment Enforcement Act (Bill 27) that received royal assent in October 2023 and is set to take effect in 2025.

particularly with the new Legal Professions Act adjusting the regulatory frameworks for lawyers, Notaries, and other legal professionals. Those resources include the “Gender Diverse Legal Writing Guide,” the “Undue Influence Recognition and Prevention: A Guide for Legal Practitioners,” and many others.

We appreciate our relationship with Notaries in BC and look forward to continuing it in the years to come.

KAREN CAMPBELL is Executive Director of BCLI and CCEL.

Collaboration Enhances Success

Î In the ever-evolving world of real estate, Notaries in British Columbia play a crucial role as participants in numerous transactions. The Real Estate Institute of BC (REIBC) is committed to providing support to Notaries in BC.

REIBC provides a range of educational resources tailored specifically for Notaries. Through workshops, webinars, and courses, the professionals can keep abreast of the latest trends, regulations, and best practices in the real estate industry. Ongoing professional development is essential in our fast-paced envi ronment.

The Institute also acts as a networking hub for Notaries to connect with other real estate professionals. By engaging in REIBC events, Notaries have the opportunity to forge valuable relationships with real estate agents, brokers, and allied professionals. Those connections promote collaboration and enhance referral networks that benefit their clients. In December, we hosted

our inaugural Industry Holiday Classic in partnership with various organizations across the real estate spectrum, including the BC Notaries Association.

REIBC champions high standards of professionalism within the real estate sector. By aligning with the institute, Notaries highlight their dedication to ethical practices and continuous improvement, meeting the expectations of clients who seek reliable and knowledgeable professionals for their property transaction legalities.

In conclusion, the Real Estate Institute of BC is an essential partner for Notaries in British Columbia. Through educational initiatives, networking opportunities, resource access, promotion of professional standards, and specialized training, REIBC empowers Notaries to thrive in their roles. The collaboration enhances the service provided to clients navigating the complexities of real estate transactions, underscoring the significance of allied professionals in the industry.

... Notaries have the opportunity to forge valuable relationships with real estate agents, brokers, and allied professionals. Those connections promote collaboration and enhance referral networks that benefit their clients.

TAMARA DA SILVEIRA is the Director of Administration, Membership, and Events for REIBC. www.reibc.org

TAMARA DA SILVEIRA

iStock/AnVr

WE LOOK FORWARD TO WELCOMING YOU TO THE BCNA 2025 CONTINUING EDUCATION PROGRAM

REGISTRATION WILL OPEN IN JANUARY 2025

The British Columbia Notaries Association looks forward to holding our Annual Continuing Education Conference at the Marriott Pinnacle in Vancouver!

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

If you are a potential conference exhibitor, please contact Trista Zamany for further information at tzamany@bcnotaryassociation.ca.

To book your hotel room at the Vancouver Marriott Pinnacle, Downtown Vancouver. Please visit the BCNA Members site where you will find the booking link.

CONTINUING EDUCATION 2025

Topic: 2025 Economic and Housing Outlook

Presenter: Brendon Ogmundson

When: Monday, February 10th, 2025

Time: 12 noon

Where: ZOOM

Description: Join Brendon Ogmundson, Chief Economist for the BC Real Estate Association for an overview of the 2025 Economic and Housing Outlook, just days after the latest Bank of Canada rate announcement. There will be an opportunity at the end of the presentation for Q&A.

Presenter: Brendon Ogmundson is the Chief Economist for the BC Real Estate Association. He holds an MA in Economics from Simon Fraser University and is a CFA Charterholder. Brendon specializes in housing market analysis and macroeconomic forecasting and is a member of the BC Ministry of Finance’s Economic Forecast Council, a contributor to the Philadelphia Federal Reserve's Survey of Professional Forecasters. Brendon was also recently named one of the most influential economists in BC by Business in Vancouver for the third year in a row.

Topic: Estate Planning for Blended Families

Presenters: Andrea Frisby, T.E.P.

When: Tuesday, March 11th

Time: 12pm

Duration: 1 hour

Where: ZOOM

CE: 1

Description: Recognized in The Best Lawyers of Canada for her proficiency in Trusts and Estates, Andrea will explore various aspects of estate planning relevant to blended families. This session will cover considerations that come up when acting for both spouses and the potential for conflict of interest, structures to maximize a plan that benefits the “whole” blended family, including testamentary spouse trusts, residence trusts and assets that can pass outside of the estate (e.g. beneficiary designations, life insurances and jointures). Andrea will also consider how marriage and cohabitation contracts can support the planning. If there is time, Andrea will also talk about planning strategies for incapacity and naming substituted decision-makers for blended family circumstances.

Presenter: Andrea is a partner in the Private Wealth Group at Farris LLP. She focuses her practice on assisting clients with sophisticated estate and trust planning and administration. She provides succession planning advice and works with clients to craft trust documents, wills and testamentary instruments, powers of attorney and representation agreements which respond to their specific needs. Andrea also provides services to executors and trustees. Andrea is a frequent speaker for a wide variety of groups, including Pacific Business and Law Institute, Canadian Bar Association (Wills and Trusts), CLEBC and various professional groups. She has authored numerous papers in the areas of wills, estate, trusts and capacity issues. Andrea has completed the Society of Trusts and Estate Practitioners (STEP) Diploma and holds the Trust and Estate Planner (TEP) designation. She has been recognized in The Best Lawyers of Canada in the areas of Trusts and Estates. -

Celebrating the Winners

Î REFBC honours leaders in sustainable, equitable, and socially just land use across BC. Established in 2010, the biennial Land Awards recognize outstanding projects and leaders in BC that protect the lands and waters we love and create sustainable, inclusive, and resilient commun it ies.

On June 13, the Real Estate Foundation of BC welcomed almost 250 guests to the Gala at Arras Banquet & Event Space in Vancouver to present awards to 5 projects and 2 individuals demonstrating exceptional leadership in sustainable, equitable, and socially just la nd use.

“We’re honoured to celebrate remarkable leaders and organizations forging better relationships among lands, waters, and people,” said Mark Gifford, CEO of REFBC. “By sharing success stories from across BC, we hope to

build bridges and inspire lasting change. We commend all the winners and finalists for their leadership.”

Award-winning journalist Angela Sterritt Lu Algaxit Ts’im Xsblist, author of Unbroken , emceed the Gala. Special guests included poet ‘Cúagilákv Jess Housty, author of Crushed Wild Mint ; Heiltsuk artist K.C. Hall; and Brejera, a Brazilian music ensemble.

Nominations for project awards were judged by committees composed of community leaders and subject-matter experts. To evaluate projects, judges considered innovation, impact, collaboration, and engagement; sustainability, equity, and social justice; Indigenous self-determination and reconciliation; and climate mitigation and adaptation. The winners of the individual awards were selected by a panel of past Chairs of REFBC’s Board of Governors.

STEPHEN HUI

Shutterstock/ Maz Day

Congratulations to all the 2024 Land Awards Winners and Finalists!

LAND CHAMPION

WINNER

Xtli’li’ye Lydia Hwitsum

Lydia Hwitsum has advocated for Indigenous and human rights locally, nationally, and internationally. Lydia is from the Quw’utsun Nation and served 10 years as elected chief of the Cowichan Tribes on Vancouver Island. She has 30 years of experience in Indigenous leadership positions and has served the community in many capacities. Currently, Lydia is Co-Chair of the BC-First Nations Water Table; Co-Commissioner of the First Nations Water Caucus; a member of the Watershed Security Fund Joint Executive; a BC Treaty Commissioner; and a Director for the BC First Nations Justice Council. A bridge-builder, she previously co-chaired the Cowichan Watershed Board, a unique partnership between First Nations and local governments that promotes collaborative stewardship of the Cowichan and Koksilah watersheds. Lydia also sat on the Indigenous Leaders Advisory Circle for the Healthy Watersheds Initiative. She speaks the Hul’q’umi’num’ language and is guided by Cowichan values and teachings.

EMERGING LEADER

WINNER

Maiya Modeste is the P’hwulhp (Garry Oak) Restoration Project Coordinator for the Stqeeye’ Learning Society. Stqeeye’ is an Indigenous-led organization undertaking land restoration and education around Xwaaqw’um, a Quw’utsun village site on Saltspring Island. Maiya’s work to revitalize once-thriving Indigenous food systems is guided by traditional teachings and Indigenous ways of knowing and being. A gifted speaker, she is passionate about educating Indigenous youth about traditional foods, such as Speenhw (camas), and hopes to feed Elders traditional meals. Maiya also sits on the Board of Directors for the Quw’utsun’ Cultural Connections Society.

Sulatiye’ Maiya Modeste

All photos: Sarah Race

LAND USE AND CONSERVATION

WINNER

WSÁNEĆ School Board (ṮEṮÁĆES Revitalization Project)

The ṮEṮÁĆES Revitalization Project has supported the reconnection of WSÁNEĆ people with their homelands in the southernmost Gulf Islands. These islands are known as ṮEṮÁĆES—meaning “Relatives of the Deep”—in the SENĆOŦEN language. Project partners include the WSÁNEĆ Leadership Council, Southern Gulf Islands Community Resources Centre, South Pender Historical Society, University of Victoria Living Lab Project, and Raincoast Conservation Foundation. Four films featuring Elders have been created. They are shown to students at the tribal school and have inspired Islanders to get involved in Reconcili-Action init iatives.

FINALISTS

y Lílwat Forestry Ventures (Qwelqwelústen/Mount Meager Landslide Restoration)

y Nadleh Whut’en First Nation, Stellat’en First Nation & Society for Ecosystem Restoration in Northern BC (Yun Ghunli [Defenders of the Land])

y Nature-Based Solutions Foundation (IPCA Conservation Financing for Endangered Ecosystems)

FRESH WATER

WINNER

Comox Valley Project Watershed Society (Kus-kus-sum: Unpave Paradise)

Kus-kus-sum is a former sawmill site in the K’ómoks Estuary that’s become a leading example of collaboration and reconciliation. In partnership with the K’ómoks First Nation and City of Courtenay, Project Watershed has ripped out steel and concrete to restore a tidal marsh. Once restoration is complete, the property will be returned to the K’ómoks First Nation and protected by a conservation covenant. The First Nation gave the name Kus-kus-sum (meaning “slippery” in Ayajuthem) to the site in remembrance of an ancient village.

FINALISTS

y Kingfisher Interpretive Centre Society (Conservation Through Education)

y Living Lakes Canada (Columbia Basin Water Monitoring Framework)

y Nature Trust of BC (Enhancing Estuary Resilience: An Innovative Approach to Sustaining Fish and Fish Habitat in a Changing Climate)

y Watershed Watch Salmon Society (Connected Waters: Working Together for a Resilient Floodplain)

BUILT ENVIRONMENT

WINNER

NUQO Modular & Squamish Nation (Esḵéḵxwi7ch tl’a Sp’áḵw’us Place)

Esḵéḵxwi7ch tl’a Sp’áḵw’us means “Gathering Place of the Eagles” in Sḵwxwú7mesh Sníchim. Located at Siyich’em, the 27-unit supportive housing development is a key step toward the Squamish Nation’s goal of housing every Squamish person within a generation. The complex was built quickly using sustainable construction methods, prioritizes accessibility, and provides affordable rental homes to Squamish Nation members—particularly vulnerable women and children. Managed by Hiyám Housing, it’s energy efficient and its construction provided jobs and training to members of the Nation.

FINALISTS

y BC Transit (Victoria handyDART Centre)

y Climate Caucus (Managing Natural Assets: Handbook for Local Governments)

y Kambo Energy Group (Empower Me)

y Pembina Institute, BC Non-Profit Housing Association, City of Vancouver & Metro Vancouver Housing Corporation (Reframed Initiative and Lab)

FOOD SOVEREIGNTY

WINNER

Nawalakw (Nawalakw Community Farm)

Nawalakw is a social venture that creates presence and environmental stewardship in Kwakwakaʼwakw territory—while reinvigorating the language and culture. Its name means “supernatural” in Kwakwala. The Nawalakw Food Security Program aims to empower Kwakwaka’wakw communities through access and control over healthy foods based on their cultural values. The Nawalakw Garden— located on ’Namgis land in remote Alert Bay—feeds Elders, provides seasonal jobs for youth, and serves as a place of training, mentorship, and healing.

FINALISTS

y Rivershed Society of BC (sce:ɬxʷəyəm/Salmon River – Foodlands Corridor Restoration Program)

y Salish Sea Regenerative Farm Society (Salish Sea Regenerative Farm)

OFFICEWISE

We specialize in helping companies of all sizes merge, downsize, and close premises.

We are proud of our work— recycling/repurposing up to 98% of all office items, furniture/equipment/stationery. . . even whole floors of office buildings. When we are done, the office keys can be handed back to the landlord. We have diverted well over 10,000,000 lbs. from going to the landfill.

SALES

Our 4000-ft. showroom has just about everything you need for the ofﬁce—in good condition, at a fraction of the original cost. We sell/service copiers, shredders with a warranty and other business equipment.

REAL ESTATE

WINNER

(lelǝḿ)

lelǝḿ is a master-planned community being developed on Musqueam-owned land at the entrance to UBC Vancouver. Community engagement with Musqueam members and area residents informs the mixed-use development—that integrates Musqueam art and culture as well as district energy and rainwater gardens. lelǝḿ features market and nonmarket housing, a community centre, daycare, wetland, and forest paths, and has its own community events.

FINALISTS

y BC Northern Real Estate Board (Water and Land Sustainability Issues Webinar Series)

y Greater Vancouver Realtors (Diversity, Equity and Inclusion Campaign)

y Real Estate Institute of BC (Advancing Excellence Initiative)

STEPHEN HUI is Communications Manager at the Real Estate Foundation of BC, a philanthropic organization working to advance sustainable, equitable, and socially just land-use across BC. refbc.ca.

Musqueam Indian Band & Musqueam Capital Corporation

DNA in Estate Litigation

Î The Deoxyribonucleic acid (DNA for short) is the genetic code found in the nucleus of each of our body cells and is increasingly used in estate litigation. Because each person's genetic code is unique, it is like a genetic "fingerprint." Our individual DNA literally defines us.

Initially DNA evidence was used largely only in criminal proceedings. There it had proven an extremely valuable investigative tool used both to prove the identity of the perpetrator and to eliminate potential suspects who were innocent of the crime.

Two of the notable traits of DNA are that it does not significantly degrade over time and is also very sensitive to testing.

DNA evidence is useful, however, far beyond criminal investigations. Because our DNA is a combination of the genes we inherit from each parent, it can be very helpful in civil disputes involving questions of paternity, maternity, or other biological relationships.

The Courts will generally order DNA testing, provided sufficient evidence is put before the Court to warrant an order for its production. DNA is regarded as part of the discovery process and is very persuasive evidence although not necessarily determinative, depending upon the reliability of the samples.

Case Law

Rule 30 Supreme Court Rules: Order for Medical Examination

(1) if the physical or mental condition of the person is an issue in an action, the Court may order that the person submit to examination by a medical practitioner or other qualified person, and if the Court makes such an order under this rule, the Court may also make,

(2) an order respecting any expenses connected with the examinat ion, and

It is necessary to prove that the appropriate person was the source of the sample and that the chain of continuity of the sample was mai ntained.

Rule

a) an order that the result of the examination be put in writing and that copies be made available to interested parties of record.

30(4):

Order for Inspection and Preservation of Property

4) Where the Court considers it necessary or expedient for the purpose of obtaining full information or evidence, it may

a) order the production, inspection and preservation of any property, and

b) authorize

For example in the infamous OJ Simpson murder trial in 1994, the DNA evidence was overwhelmingly against the accused but the jury still acquitted him on the basis of “the glove didn’t fit.”

DNA can be conducted with any sample containing nucleated cells. That would include cells such as hair and bodily fluids.

Both those elements must be established if the Court is to find that the test results relate to the person in question.

Rule 30 of the Supreme Court Rules has been interpreted as giving the Supreme Court discretion to order the furnishing of DNA samples from an individual, usually by a mouth swab. Such orders are most often granted in civil cases to determine the paternity or maternity of an ind ividual.

1) samples to be taken or observations to be made of the property, or

2) experiments to be conducted on or with the property.

An early British Columbia decision relying on Rule 30 directed DNA samples be provided is Bowman v. Kovacs (1968) 10 BCLR (2d) 218 ( C.A.).

TREVOR TODD

Shutterstock/Adisak Riwkratok

In that case, the plaintiff, a married woman, believed another man to be the father of her child. After her marriage ended in divorce she brought an action against that man, claiming child maintenance and applied for an order under Rule 30 requiring that he submit to blood testing.

The Supreme Court of British Columbia made such an order and it was upheld by the Court of Appeal.

The BC Court of Appeal confirmed an order that DNA blood samples be provided in D. (J.S.), KS v. V. (W.L.) (1995) 3 BCLR (3d) BCCA 380.

The Court confirmed that while there was no specific legislation governing the obtaining of samples for DNA testing to determine biological paternity, the Court followed the reasoning of Bowman v. Kovacs and stated that an order may be made under Rule 30(1), requiring a person to provide the necessary samples for such testing where biological paternity must be determined in order to resolve a disputed claim.

The Appeal Court stated that DNA profiling provides evidence of a highly reliable kind when determining biological parentage, and that the interests of justice will generally be served by obtaining such evidence that the truth may be ascertained.

In Schubert v. Cahoon Estate 1994 BCJ 2752, the issue was whether the plaintiff was the son and only child of a deceased person who left a Will giving his estate to his two nephews. The plaintiff brought a Wills Variation proceeding and applied for an order that the nephews and another relative of the deceased submit to a blood test to determine the paternity issue. That application was granted.

The Court stated that Rule 30 was part of a scheme of the discovery process that is created by the Rules of Court. Once matters are put in issue before the Courts, the avenues for discovery provided by the Rules should be employed to ensure that all litigants obtain access to all relevant evidence

and information in order to allow the litigation process to prescribe answers to the questions in issue between the parties.

In I.M. v K.M. 2003 BCSC 678, the putative father brought an action seeking a declaration that he was the biological father of one of the defendants. The plaintiff’s paternity was generally disputed and he wanted a declaration for “his own peace of mind and for estate-planning pu rposes.”

The siblings brought a Court application requesting the son and brother to provide saliva samples for DNA testing to determine whether the son was in fact a child of the brother.

The Court ordered the son and brother to provide DNA samples for paternity testing, as there was prima facie merit in using DNA testing to determine the paternity issue. The Court found jurisdiction to order the brother, as a nonparty to the Court decision to provide the samples under the inherent jurisdiction of the Court. The Court determined that no harm would flow to the brother if he were ordered to provide the samples and he was not very far removed from the dispute.

The Appeal Court stated that DNA profiling provides evidence of a highly reliable kind when determining biological parentage, and that the interests of justice will generally be served by obtaining such evidence that the truth may be ascertained.

In a more recent decision, Hyslop v. Banks 2024 BCSC 1848, the defendants in a Wills Variation action applied for an order requiring the plaintiff to submit to a DNA test to determine whether she was a biological daughter of the deceased. The defendants claimed she was not biological or adopted and thus had no standing to seek a variation of t he Will.

The Court ordered the plaintiff to provide a DNA sample, despite the frailties in the evidence, largely because it could provide highly probative evidence about the material factual issue for trial.

There was no DNA sample available from the deceased for comparison to the plaintiff; that is the most reliable form of DNA, as opposed to a relative. In fact the person who offered to provide a DNA sample was a purported halfbrother of the deceased.

The Court ordered that DNA samples be provided from the minor child.

In a Manitoba decision Nandwani v. Nandwani 2011 CarswellMan 501, the deceased immigrated to Canada with his purported son who was 5 months old. The mother and the purported son did not follow the deceased to Canada and the mother instead married the deceased’s brother who raised the son as his own.

The DNA report stated that it is at least 9 billion times more probable that 2 of the known sons of the deceased were related than a randomly chosen Caucasian male, and it was 25 times more probable that the half-uncle is related versus a randomly chosen Caucasian man.

In opposing the application, it was argued that the relatively small likelihood of 25 times more likely, as opposed to the very high likelihood of

9 billion times if they were true siblings as supposed to half-brothers, was insignificant and therefore no useful purpose is served by her submitting to a DNA test.

The same expert had testified in a criminal case that the cutoff for finding moderate support in criminal trials for statistical proposition in a DNA test is one in 1000, R.v. Alec 2021 BCPC 227 at para. 78.

The Court in Hyslop refused to assess what weight should be given to the expert’s opinion without his explaining various points to the Court. His opinion could not be dismissed out of hand on the statement attributed to him and the reasons for judgment given in the crimina l case.

The Court held that submitting to a DNA test is only a minor inconvenience for the plaintiff, as it is a noninvasive procedure. Given its potential benefit to resolving the factual issue for trial, and the time and cost savings that would generate for all, it was reasonable to order a DNA test.

The Court stated that while it was not clear on the face of the experts report that a DNA test of the plaintiffs biological connection to the half-brother would necessarily prove whether she is the deceased’s biological child, that was a matter that should be addressed at trial.

The Court specifically stated that the order state that the DNA testing would not determine the paternity issue, as it was the Court that would do so, and experts could then provide evidence at trial on issues such as the probability of a DNA match. The Court stated it was particularly important to emphasize that fact in light of the uncertainties arising from the use of a purported half-brother’s DNA rather than the deceased’s.

The Family Law Act of Presumption of Parentage

In Hyslop v. Banks , the plaintiff further argued that DNA should not be ordered until the defendant rebutted the

presumption of parentage that arises where, as in this case, the putative father is identified as such on the child’s birth certificate or where he was married to the biological mother at the time of the child’s birth.

Section 26(1) Family Law Act provides as follows:

1)on the birth of a child not born as a result of assisted reproduction, the child’s parents are the birth mother and the child’s biological father.

2)for the purposes of this section, a male person is presumed, unless the contrary is proved or subsection (3) applies, to be a child’s biological father in any of the following circumstances:

a) he was married to the child’s birth mother on the day of the child’s birth;

e) he, along with the child’s birth mother, has acknowledged that he is the child’s father by having signed a statement, under section 3 of the Vital Statistics Act

The Court disagreed with the plaintiff’s argument, and stated that while the defendants would need to rebut the presumption of parentage at trial, they need not rebut the presumption at the time of the application for DNA testing, and the testing may rebut or help rebut the presumption.

Conclusion

It is not surprising that the Courts are willing to order DNA tests to be provided by even a nonparty to litigation if the Court feels the DNA evidence will be determinative of the issue before the Court. Modern testing is more noninvasive than previous blood samples and generally is obtained by a swab from inside the mouth.

The Courts recognize that the samples obtained may vary widely in their probabilities, but that finding is a question of weight to be given to

them by the Court at trial and not on an application under Rule 30 for DNA production.

TREVOR TODD restricts his practice to estate litigation. He has practised law in Vancouver for 50 years.

Strata Corporations with Sections:

Cancelling Sections

Î The most complicated strata corporations have “sections.” Sections are separate legal entities created by strata bylaw. Bylaws creating sections may be filed in the Land Title Office while the developer is the sole owner of the complex or may be passed by the owners at a general meeting and filed by council.

Sometimes the complications of running a strata corporation with sections are not worth the benefits. This article provides some insight into the process of cancelling sections. Like winding up a strata corporation, cancelling a strata plan, and selling the land to a developer, the Strata Property Act provides a basis for how to “cancel” the legal entity, but it is necessary to take further steps during the process to make sure the interests of the owners are protected.

As cancelling sections is becoming a common topic in the strata community, I have written this article to explain some basic information about sections and to outline matters that need to be addressed to properly cancel sect ions.

Sections can be created to recognize different interests of owners in the complex. For instance, owners of residential and nonresidential strata lots can each create sections, as well as owners of nonresidential strata lots used for significantly different purposes. For residential strata lots, those that are apartment-style, townhouse-style, and detached houses can each form their own sections.

The main reason to have sections is that doing so allows for a certain amount of independent decision-making and financial separation. For instance, owners of strata lots within a section have their own section executive and can vote on and file bylaws for matters that relate solely to the section.

Sections also have annual general meetings and vote on their own yearly budget and can also have special general meetings.

Sections establish their own operating fund and contingency reserve fund for common expenses of the section, including expenses relating to limited common property designated for the exclusive use of all strata lots in the section. In addition, the strata corporation must also be properly governed.

For some strata complexes, the added time and expense involved in having sections outweighs the benefits. Having sections means extended administrative time, extra expenses, and more complicated governance.

For instance, if the complex is professionally managed, each section must enter into a separate management agreement with the strata management company. It can be difficult for the individuals that serve as both council members and section executive members to make sure they are separating-out the financial and legal obligations of each entity correctly. For example, sometimes matters that should be dealt with at a section executive meeting are dealt with at a council meeting.

In developing a process to cancel sections, I considered section 193 of the Strata Property Act that provides as follows.

Creation or cancellation of sections by strata corporation

193 (1)To create or cancel sections, the strata corporation must hold an annual or special general meeting to consider the creation or cancellation.

(2) The notice of meeting must include

(a) a resolution to amend the bylaws to provide for either the creation and administration of each section or the cancellation of the sections, and

(b) any resolutions to designate limited common property, in accordance with section 74, for the exclusive use of all the strata lots in a section or to remove a designation in accordance with sec tion 75.

(3) The resolution referred to in subsection (2)(a) must be passed

(a) by a 3/4 vote, and

(b) by a sectional 3/4 vote.

(3.1) In this section, "sectional 3/4 vote" means a vote in favour of a resolution in relation to a proposed or existing section by at least 3/4 of the votes cast by eligible voters in the section

ELAINE T. MCCORMACK

who are present in person or by proxy at the time the vote is taken and who have not abstained from voting.

(4) On the filing in the Land Title Office of a bylaw amendment creating a section, a section is created bearing the name "Section [number of section] of [name of strata corporation]."

(5) On the creation of a section, the registrar may establish a general index for the section.

As a result, the guidance given in the Strata Property Act regarding cancelling sections is limited to amending the bylaws and potentially re-considering designations of limited common property. Drafting the appropriate resolutions, however, is only one of many tasks that need to be accomplished to properly cancel sec tions.

The cancellation of sections involves transferring the assets and liabilities of

each section to the strata corporation. As a result, each section should enter into an agreement (referred to as a “Succession Agreement”) with the strata corporation. The Succession Agreement carefully sets out the process and timing for transferring the assets and liabilities of the section to the strata corporation.

Examples of assets that need to be transferred are the operating fund, contingency reserve fund, and monies owing to the section, such as strata fees and special levies. An example of a liability that needs to be paid prior to the cancellation of the section or transferred to the strata corporation is a repair expense incurred by the section. A section may have other legal obligations, such as obligations to pay a service provider under an agreement; those obligations need to be transferred to the strata corporation or ter minated.

Strata corporations that have bylaws creating sections but do not actually run separate sections may not have

an operating account, a contingency reserve account, or have incurred liabilities. If a sectioned strata corporation has never set up the governance of the sections, the documentation to cancel them may be simplified.

Those council and section executive members who find that having sections no longer serves the purposes of their strata community should consider retaining legal counsel to advise on the pros and cons of cancelling sections. Incurring the one-time cost involved in cancelling sections may be more attractive than incurring the longterm increased administrative time and costs of having sections.

A previous version of this article was published in Strata-sphere Magazine.

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

Philanthropy and a Sense of Belonging: Recipe for Well-being

Î In an age of disconnection, everyone, especially women, has a role to play in bringing our communities together.

Late last year, the World Health Organization declared loneliness a “global public health priority” and launched a commission on social connection.

It noted that “anyone, anywhere, can be lonely or socially isolated. Across all ages and regions, loneliness and social isolation have serious impacts on our physical and mental health, and the well-being of our communities and society.”

These days, our ways of connecting to people and the world around us are more varied than ever, with the help of our multiple screens at any time of day. The way we use those connections is a personal choice. They can be a force for good or they may leave us feeling a lack of belonging, feeling lonely, wondering where we fit in our communities, our neighbourhoods, cities, or the wider world.

Our belonging and well-being are tied to our community. Each relies on and benefits from the other.

Our belonging goes beyond the connections made on our social media channels. Real and authentic person-toperson connections are vital—even in the digital age. That is how we experience the essence of human relationships and our place in fostering well-being for all; it is crucial to demonstrating empathy and support for each other and how, working together, we can create something greater than we can do alone.

This sense or lack of belonging also impacts the human and financial resources used to fuel a philanthropic ecosystem that nurtures well-being in our commu nities.

More Disconnection Equals Less Giving.

A recent report by CanadaHelps reveals a deep layer of disconnection—one that might surprise you. It speaks to a loneliness that has large implications for the philanthropic sector.

Disconnected Canadians are less likely to give time and money.

Yes, you read that correctly. "The Giving Report 2024 : From Disconnection to Collective Action" notes a strong link to philanthropy: More than 80 per cent of those with many close friends donate, while just over half of those with very few close friends donate.

The report underscores the importance of building—in fact, rebuilding—connections that might be lost behind our screens, helping foster community involvement while sharing our passions for causes that matter.

The saying that “a rising tide lifts all boats” is often associated with the idea that improvements in the general economy will benefit all participants within it. For those working in the charitable sector, community building is key to lifting the tide. Through collaboration and sharing of knowledge, resources, and perspectives, nonprofits can strengthen their resilience and adaptability.

Fostering a sense of community extends to staff, volunteers, donors, and beneficiaries of the service—creating a deeper connection to the mission and values of the cause. In turn, the charitable sector thrives through enhanced volunteer and donor engagement.

That relationship is critical given the major impact the nonprofit sector has on our economy. About 85,000 charities in Canada employed almost 11 per cent of the full-time workforce in 2021 and nonprofits represented 8 per cent of Canada’s GDP in the same year.

SARA NEELY

Despite that, for the 12th year in a row, the number of Canadians claiming charitable donations on their tax return declined from about 23 per cent in 2010 to 17 per cent i n 2022.

That is troubling, given the impact that charities have across Canada, particularly for nearly a quarter of Canadians who expect to rely on their services for basic needs, not only for housing, education, and food security, but areas like health care, preserving parks and waterways, and addressing gender and racial inequa lities.

They are causes Canadians care about and yet their rate of participation in giving is declining.

The downward trend can be seen in financial constraints, cost of living, less affiliation with religious institutions, and a change in the sense of obligation to others. Even with the rise and fall in the economy, and housing inflation over the last 12 years, there has been a steady decline. Service usage is at an all-time high with more than half of charities unable to meet current levels of demand.

There's no doubt that disconnection—stemming from the pandemic, the rise of social media and streaming, online giving, working remotely—is leading to a decline in giving and volunteerism.

The disconnection becomes far more personal.

The CanadaHelps report reveals that only 22 per cent of Canadians report having six or more close friends in 2022. That’s down from 37 per cent in 2013—a steep decline.

The findings demonstrate the importance of social networks, not only for the meaning they bring to our lives but also for how they will impact future giving trends. They impact the way we engage in community and the causes that are important to us, along with what we give and when.

Women are the Future of Philanthropy and Community Well-being.

Despite those unnerving trends, there is a segment of the population better equipped with the resources to bring a greater sense of belonging back to the forefront of our commu nities.

Women are the powerhouses for community well-being through their deep engagement in charities and nonprofits, personal financial and human resources, and their many social connections.

Philanthropy is upheld by everyone, men and women alike, but women hold a particular role in bringing everyone together.

As inheritors of family values and, ultimately, likely most

Pirate Nigella Benny & Dudley

A 2023 report from TD Wealth called "Trust and Transformation: Canadian Women and Philanthropy" says, “Fundamentally, women are propelled to help others through a sense of social responsibility and a belief that citizenship imposes an obligation on everyone who is able to set aside some time, effort and personal resources to help build a community that is just and equitable.”

of the family’s financial resources, women are well positioned to fuel community well-being through their philanthropy in transformative ways.

A 2023 report from TD Wealth called "Trust and Transformation: Canadian Women and Philanthropy" says, “Fundamentally, women are propelled to help others through a sense of social responsibility and a belief that citizenship imposes an obligation on everyone who is able to set aside some time, effort, and personal resources to help build a community that is just and equitable.”

That report followed TD Wealth’s 2014 report that prompted a nation-wide discussion on the prominent role of women in philanthropy; together, the reports reveal some significant data.

Direct engagement with the charitable sector demonstrates the ways women contribute and are served.

y 77 per cent of nonprofit employees are women; they represent the majority of volunteers at organizations serving families in Canada.

y $4.3 billion was donated by women in 2021, compared to $2.7 billion a decade earlier.

y Women are also users of the services; unfortunately, for example, 52 per cent are clients at food banks.

Along with an increase in accumulated wealth and income, women as surviving spouses are expected to benefit disproportionately in the forecasted transfer of wealth of $1 trillion over the next decade. Simply put, women live longer t han men.

Building Social Networks for Everyone

On Vancouver Island, we may be doing better in our region with the Victoria Foundation’s 2024 "Vital Signs Report," showing that about three quarters of respondents feel connected to the community and just over one third say their friends and family are high on the list of the best things about living here.

That said, there is always more work to be done. Here are some of the ways to help people combat loneliness and create a sense of belonging.

y Join giving circles to learn about the community’s needs.

y Volunteer on community initiatives.

y Talk with family and friends about your passions.

y Meet people through shared interests.

y Enable connections for newcomers through your local intercultural centre.

y Engage in culturally based prog ramming.

y Show a random act of kindness—at a ny time.

We have an abundance of opportunities to connect with others in this beautiful region of our country. In many ways, we are truly fortunate. The social networks we create are key to the future of our families and the wider community.

Let’s all work together to help those among us feel that strong sense of belonging—for themselves and for the wellbeing of our communities and society.

SARA NEELY is the Senior Director of Philanthropic Services at the Victoria Foundation.

Top 10 Tips for Effective and Compassionate Communication with Vulnerable Clients

Î Have you ever found yourself in a conversation where words seem to float in the air, but the true meaning— the heart of the message—seems just out of reach?

In our interactions, especially with those who find themselves in vulnerable positions, the bridge to understanding and empathy is not just helpful, it's imperative. The art of communication, particularly with individuals who might feel exposed or at risk, requires a blend of sincerity, patience, and a genuine desire to connect.

The essence of these tips lies not in the complexity of techniques but in the simplicity and purity of intent. From understanding the underlying emotions, to encouraging an open and safe environment for dialogue, each point guides us toward a more inclusive and supportive interaction.

They remind us that at the core of every conversation is an opportunity to not just exchange information but to connect on a human level, to acknowledge and validate, to listen and understand, and ultimately to empower and uplift.

1. Understand the Underlying Emotions

Vulnerable clients often have underlying emotions of fear, uncertainty, embarrassment, or a feeling of loss of control.

Some may fear being taken advantage of due to their vulnerability, while others might be embarrassed about their situation, blaming themselves for the challenges they face.

y Acknowledge and validate emotions. Every emotion is a clue to the client's needs.

2. Active L istening

Active listening is the foundation of trust.

y Make them feel heard.

y Give them your undivided attention. Listen more than you speak.

y Let them express their concerns and fears without inter ruption.

3. Use Simple Language

Simplicity ensures clarity.

y Speak their language. Avoid jargon. Instead, use plain and clear language.

RHONDA LATREILLE

y Repeat or rephrase if needed and ask open-ended questions to ensure under standing

4. Encourage Q uestions

Questions are gateways to understanding that promote a sense of agency and ensures they're following along.

y Encourage questions.

y Let them know it’s okay to ask questions and ask for clarif ication.

5. Be Patient and Empathetic Patience and empathy build trust and rapport.

Vulnerable clients may take time to process information or make decisions.

y Show patience. Don’t rush them or make them feel pressured.

6. Establi sh Trust

Trust is the cornerstone of any relat ionship.

y Cultivate trust daily.

y Be transparent about any actions or decisions made on their behalf.

y Reassure them that their best interests are always a priority.

7. Use Visual Aids

Visuals enhance understanding and bridge the gap between words and comprehension.

Visual aids can help clients grasp information that might be difficult to understand through words alone.

y Incorporate diagrams, charts, and graphics when explaining complex topics.

8. Repeat and Summarize Key Points

Repetition solidifies understanding.

Summaries reinforce key ta keaways.

y At the end of the discussions, review the main points discussed.

y Reiterate any decisions made and the next steps to ensure clarity.

9. Create a Safe Env ironment

Safety fosters open communication.

y Cultivate an environment where clients feel they can speak freely.

y Ensure the client feels comfortable sharing their concerns, fears, and aspirations. That means both physical safety (a private, quiet space for conversations) and emotional safety (a judgment-free zone).

10. Empower Decision-making

All clients have agency. Agency in this context means feelings of control over their actions, the consequences of their actions, and options for thei r lives.

y Support them in making informed decisions.

y Provide all necessary information and options.

y Respect their autonomy and support their choices, while ensuring their protection.

In closing, let’s consider the profound impact our words and actions can have on those around us, particularly those in vulnerable states.

The 10 tips are not just strategies; they speak to the power of empathy, patience, and understanding, in transforming conversations and connections in all personal and professional setti ngs.

Introducing The Common Law Association of Notaries

Î In 2009 in the beautiful town of Henley-onThames, UK, Notaries from Ireland, England, Wales, and British Columbia gathered to talk about joining forces to promote the work of common law Notaries. Ken Sherk and Wayne Braid represented BC!

By 2010, a solid group had coalesced. The World Organisation of Notaries (W.O.N.) was formed in Dublin with Ken Sherk as inaugural President.

In 2019, W.O.N. was renamed The Common Law Association of Notaries. There has been renewed zeal to move the organization forward with growth and expanded offerings. In 2022, the British Columbia Notaries Association (BCNA) President Notary Daniel Boisvert and I joined the C.L.A.N. Board as BC’s representatives. In 2023, our BCNA Treasurer Jacqueline Tait replaced Daniel as our second representative.

KATE ROOME

Jacqueline Tait

Wayne Braid

Daniel Boisvert

Ken Sherk

The Common Law Association of Notaries Board and their guests at the Leander Club, Henley-on-Thames, UK, May 2024

While individual memberships to C.L.A.N. are available, if you are a BCNA member you are automatically a C.L.A.N. member.

In May 2024, I was elected President of the organization at the famed Leander Club in Henley-onThames. To mark the occasion, I was given the most beautiful book about the history of The Faculty of Notaries Public of Ireland. During my time in Henley this past Spring, we conducted our AGM and entertained members of The Notaries Society of England and Wales.

It is a tremendous honour to serve as the organization’s President and my sincere intention to advance C.L.A.N.’s mission with the same vigour and enthusiasm of our first Past President Stewart Germann of New Zealand. I’m very proud to be the organization’s first woman President and to be a British Columbia Notary in this leadership role.

C.L.A.N.’s mission is to bring Common Law Notaries together to foster understanding and unify and elevate the standard of notarial work across the globe. We accomplish that by hosting conferences, publishing our member magazine Notary World , producing educational webinars, and via

our website. Future plans include hosting another conference so Notaries from across the globe can enjoy education and fellowship in person.

Thus far in 2024, we have welcomed member jurats from The Notaries Society of South Australia, Gambia, Nigeria, Guernsey, Jersey, and Northern Ireland. On November 20, we held our first Zoom Board meeting with representatives of the new-member jurats. It was exciting to see their faces and hear their perspectives. Growth will continue to be a theme over the coming months, with ongoing outreach to African, Asian, and Caribbean nations.

The ever-increasing complexity of notarial work done across countries necessitates that we, as a profession, have opportunities to learn from one another. As Notaries we must be committed to continuing education and united against fraud at home and abroad.

The alignment between the work of the BCNA and C.L.A.N. is clear. The provision of ongoing education, fellowship, and a unified voice for Notaries is as important here in British Columbia as it is across the globe. BC Notaries can be very proud of their collective leadership and involvement.

KATE ROOME’S Notary Practice, Heartwood Notary Group, is located in Duncan.

This event is organized by

Seeking a Career as a British Columbia Notary Public?

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

Some of the Requisites for Becoming a BC Notary

• Undergrad degree with a CGPA not less than 3.0

• Interest in the practice of law

• Strong entrepreneurial spirit

• Strong communication and people skills

• Dedication to community and serving the public

• High degree of honesty and integrity

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

2024 Tour de Cure Congratulations: Team BC Notaries - You Did It!

Rain, sleet, or snow would not stop us. Fortunately, there was no sleet or snow, but we did have rain, flat tires, a bent chain guide, a loose handlebar, and some hungry riders.

All that didn’t matter as we were riding over 200 km over 2 days for a single purpose—to raise funds for cancer research. And we did . . . raising over $41,000 with our little team of 12. We placed in the Top 20 Teams for fundraising!

Team Members

Rimpy Sadhra, Zahra Walji, Quang Duong, Roman Svirshchevs'kyy, Mark Jiles, Akash Sablok, Grant Sauer, Raman Sadhra, David DeNeire, Gary Parmar, Darnelle Moore, Wendy Sinclair

Starting at 7 a.m. in Cloverdale (Surrey), BC, the highlight for us all—firsttime participants and veteran riders, was crossing the finish line in Hope, BC, the next day, in the afternoon. We crossed as a team, with our families, friends, and fur kids cheering us on. Tears fell down our cheeks from the sheer joy at having completed one of the most memorable experiences we will have.

Team BC Notaries wishes to thank all our donors, friends, families, and mentors for their support. We definitely could not have done it without you! Thank you BC Notaries Association and Chicago Title for your sponsorship.

Creating Legacy Gifts 101

Î The process can feel mysterious, but planning your estate and your charitable giving are really important parts of your life.

What are the easiest ways to create your legacy to impact a cause that you hold dear?

y A clause in your Will

y Completing the designation form for your registered financial account or pension

Designated registered financial accounts and pensions will be paid to your beneficiaries quickly. Your Will can direct the proceeds from your undesignated registered financial accounts or pension to your benefic iaries.

If your Will is contested, however, through the Wills Variation Act in BC, the funds may not actually benefit your beneficiaries the way you originally intended.

When you designate your registered financial accounts, remember to consider the taxes on your estate assets. All taxes are paid by the estate; you may want to apportion the taxes among all beneficiaries. Charities

provide donation tax receipts that may be used to obtain a refund of taxes paid to bolster your estate residue.

Once you have decided to include a charity in your legacy and estate planning, a little light-lifting begins.

y Have you a favourite charity that has shown you their results and the impact of your support?

y What causes are most important to you . . . children, animals, health care, education?

Once you have a few charities in mind, contact them for their annual report or regular publications where their stories showcase good work accomplished to help you feel assured that your hard-earned money will be used effectively.

Most larger charities can assist you with options for your legacy gift to make its impact when received at a future time or to create a lasting source of assistance such as an endowment. An endowment will allow your legacy to keep on giving through its annual earnings.

y Your BC Notary or lawyer should draft your Will because their

HILARY BEARD

If your Will is contested, however, through the Wills Variation Act in BC, the funds may not actually benefit your beneficiaries the way you originally intended.

expertise is vastly superior than if you write your own Will and independently select your favourite causes from the Internet.

y Legal professionals also will be able to discuss your questions around your executor/alternate executor, inheritance pitfalls, and ways to avoid unintended consequences that arise when important facts are overlooked or mishandled. A dollar today is worth 10 tomorrow in legal fees concerning your estate.

y Ensure that you provide your BC Notary or lawyer with the correct legal name and charitable registration number of the charity.

y If applicable, ensure that you provide clear details on why some of your children will not receive as much from your estate as they

believe they are entitled to. Because the Wills Variation Act in BC allows your Will to be contested; include relevant information in your Will to support those who will defend your wishes when you cannot.

Your advisor can help you make decisions by exploring the benefits or challenges associated with various estate-plan options. Make a check list of

y your assets,

y your concerns about a beneficiary’s ability to handle money,

y your favourite charity,

y family dynamics, and

y the pros and cons of choosing an individual executor or a corporate executor.

Contact an experienced gift planner to learn more about estate-administration experiences from the charity’s point of view.

If you procrastinate about making a Will and you pass away intestate, then the rules around intestacy (dying without a legally valid Will) will govern your assets, including the exact order of who will receive a share—spouse, then children, and so on.

In addition, a variety of legal issues need to be addressed in your Will and you will require professional legal assistance. Take time to think now, then complete the most important legal document for your loved ones to use after you have passed: Your Legal Will.

HILARY BEARD self-leads daily in her role as Director of Gift & Estate Planning at BC Children’s Hospital Foundation.

Who Will See Your Ad in The Scrivener?

BC Notaries

Lawyers

Land Surveyors of BC

Real Estate Professionals

Real Estate Boards

and Associations

Age-Friendly Designates

MLAs and MPs in BC

Life Insurance Brokers and Agents

Accountants

Managers of Financial Institutions

Investment Management Agencies

Provincial and Federal Court Judges

Registrars

Mayors

Government Ministries of

Libraries: Public and Private, including Law Society, Legal Services, Education Facilities

Chambers of Commerce

BC Housing

BC Assessment

Ministry of Citizens’ Services: Real Property Division

Liens 6. Subdivisions and Statutory Building Schemes 7. Zoning Applications

B. PERSONAL PLANNING 1. Wills Preparation

2. Powers of Attorney

3. Representation Agreements

4. Advance Directives 5. Wills Notice Searches

6. Estate Planning

C. NOTARIZATION/DOCUMENTS

1. Affidavits for All Documents required at a Public Registry within BC

2. Certified True Copies of Documents

3. Execution/Authentications of International Documents

4. Notarizations/Attestations of Signatures 5. Insurance Loss Declarations 6. Personal Property Security Agreements

7. Statutory Declarations

8. Authorization of Minor-Child Travel

9. Letters of Invitation for Foreign Travel 10. Passport Application Documentation

D. BUSINESS

1. Business Purchase/Sale

2. Commercial Leases and Assignment of Leases

3. Contracts and Agreements

E. SOME BC NOTARIES PROVIDE THESE SERVICES.

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

5. Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca.

Note: Not all Notaries provide all services listed. Please check with your Notary before making an appointment for services.

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To find out more, visit: realestate.ubc.ca/CPD tel: 604.822.2227 / 1.877.775.7733 email: cpd@realestate.sauder.ubc.ca

BC Notaries

Speak Your Language

EXCITING OPPORTUNITY FOR GRAD NOTARY

Surrey

BC Notaries around the province o er many noncontentious legal services in an impressive variety of languages.

English Afrikaans

Arabic

Bengali

Bosnian

Bulgarian Cantonese

Chinese

Croatian

Danish

Dutch Farsi

Fijian

Filipino

Finnish

Flemish

Fookien

French

Fujian

German

Gujarati

Hebrew

Hindi

Hungarian

Italian

Japanese

Korean

Malaysian

Mandarin

Persian

Polish

Portuguese

Punjabi

Romanian

Russian

Scottish

Serbian Shanghainese

Spanish

Swahili

Swatow

Swedish

Swiss German

Tagalog

Taiwanese

Tamil

Taoshan

Telegu

Turkish

Ukrainian

Urdu

Vietnamese

“Knowledgeable and Capable” 604-538-3388 CammackHepner.ca #106 – 1656

Normatec Elite

Î Normatec Elite is a recovery tool option for sore leg muscles. The Normatec Elite machine is a state-ofthe-art recovery device designed to enhance circulation, reduce muscle soreness, and speed up recovery.

Initially developed for athletes by a doctor, it is now used widely by people who want to improve their overall health and wellness. The system uses air compression therapy to target muscles and improve circulation, offering numerous health benefits.

Whether you are a weekend warrior or have a sponsorship printed on the back of your jersey, recovery is just as important as the activity itself.

At the end of day one of a 2-day extensive bike ride for charity, we chilled out in our hotel room where one of our teammates set up his Normatec. At first glance, the machine looked like big, black socks. We are now convinced it is the best way to recondition sore legs.

The Elite unit is portable, fitting into a small bag. Each leg has its own control unit; a smartphone app can operate the whole system. It runs quietly and is less noisy than the previous version, so you can use it in bed without disturbing anyone.

After setting the unit for 20 minutes of compressive massage, my legs felt as good as new. The immediate relief provided by the Normatec Elite was a comforting reassurance that swollen feet would be ready for tight cycling shoes the next day.

AKASH SABLOK

The Normatec Elite machine is a compression-therapy device that supports muscle recovery. The device consists of inflatable sleeves that wrap around the legs, then inflate and deflate in a rhythmic pattern. The machine uses dynamic air compression to massage the muscles, promoting blood flow and aiding the body’s natural recovery process.

It is often used by athletes after intense training sessions or competitions, but its benefits extend to anyone seeking muscle relief, enhanced flexibility, and improved circulation. The process also helps clear out metabolic waste such as lactic acid that builds up during exercise. By promoting better circulation, the device aids in quicker muscle recovery, allowing athletes to train more frequently and intensely without the prolonged recovery periods typically required after a workout.

An added benefit was an increased range of motion. A tight right hip meant we did not have full-force during a pedal stroke on the right side of the body. After using the Normatec Elite, those muscles were more relaxed.

The unit is relatively expensive but convenience and performance make up for the high initial investment.

It’s great to use after training or after simply walking around a busy office,

grocery shopping, and picking up the kids from school. With all my extra time and flexibility, I might sign up for a dance class!

HYPERICE.COM MSRP: $1399.

AKASH SABLOK is a BC Notary and a Technology/Automotive Journalist for TV, Print, and Online.

Wonderful Non-Chapter Dinner

Vancouver non-Chapter BC Notaries and friends gathered at the home of retired Notary George Tanco for a most enjoyable meal and visit!

BC Notary’s Mother: Women’s Baseball Pioneer

Evelyn Wawryshyn Litwin Moroz, dear mother of Roving Notary Greg Litwin, is in the National Baseball Hall of Fame in Cooperstown, New York.

A special exhibit honours the women pioneers of the sport. Evelyn played in the All American Girls’ Professional Baseball League formed in 1943 by Chicago Cubs’ owner, chewing-gum magnate Philip K. Wrigley.

More than 500 women from Canada, the US, and Cuba played in the League that had 10 teams at its peak. A League of Their Own was based on the League; the film’s theme is the song the girls used to sing.

Back then, the men had gone to war, so women were the sports stars. Evelyn was ahead of her time. She is in the Manitoba Sports Hall of Fame and the Brandon and Philadelphia Halls of Fame. There is an Evelyn Moroz baseball card! The Summer 2014 Scrivener published her impressive sports history. Sadly, Evelyn passed recently.

Gary Wildman, longtime photographer for the BC Notaries and his wife Jinny, taking a sailboat holiday on the BC coast.

Back row: Esther Chiu, Susan Tong, Charles Mow, Pauline Jang, Lucinda Ning, Adrian Wong, Alex Ning Front row: George Tanco, Eileen Smith, Mary-Ann Mustonen-Hinds, Billy Hinds

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

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