All About the REIBC!

Fall 2019 | Volume 28 Number 3

Published Quarterly by the BC Notaries Association

28 years

Daniel Boisvert, Susan Antoniali, Brenda Southam, Wayne Braid Inside: All About the REIBC!

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PUBLISHED BY THE SOCIETY OF NOTARIES PUBLIC OF BC

The Scrivener: What’s in a Name? 4 PRESIDENT, BC NOTARIES ASSOCIATION Advancing Our Professions 6 Team BC Notaries “Ride to Conquer Cancer 2019” 30 Daniel Boisvert Friends, Feast, and Recognition 31 PRESIDENT, THE SOCIETY OF NOTARIES PUBLIC OF BC SHOWCASING THE WINNERS The Focus is on Real Estate! 7 OF THE PRESTIGIOUS DR. BERNARD W. HOETER AWARD Rhoda Witherly Year 2014: BC Notary Daniel Park, Vancouver EXECUTIVE DIRECTOR, THE SOCIETY OF NOTARIES PUBLIC OF BC Honouring Family Values 32 Change of Seasons 8 Fall Conference 2019 34 John Mayr HISTORY WITH HUMOUR INTERIM CEO, BC NOTARIES ASSOCIATION Trust Me! I’m a Notary 40 How Time Flies! 9 Professor Peter Zablud Wayne Braid BC Notaries Speak Your Language 41 KEYNOTE Welcome All RI Professionals! 10 Services a BC Notary Can Provide 23, 42 Val Wilson

Building Better Communities, One Grant at a Time Message from The Chair of The Notary Foundation 44 Tammy Morin Nakashima

www.wildmanphotography.com The Board of Governors 45 Congratulations Johanne Blenkin, New Director Theme: All About the REIBC! of UVic Access to Justice Centre for Excellence (ACE) 46 REIBC Vision, Mission, and Values 12 Dr. Susan Breau PART OF THE ACCESS TO JUSTICE MOVEMENT Education Options for RIs 13 Notaries’ Role in Access to Justice in BC 47 COVER STORY Chief Justice Robert Bauman Working Together for the Benefit of All 14 Announcing the Establishment Business to Business 19 of the The Right Honourable Beverley McLachlin Education is Everything! 20 Access to Justice Fund 49 Rudy Nielsen RI VIGNETTES Cindy Nesselbeck, Jason Grant 22 The Scrivener: What’s in a Name? Daniel John 23 Judi Whyte, Mandy Hansen 24 “A professional penman, a copyist, a scribe . . . a Notary.” Mercedes Wong 25 Thus the Oxford English Dictionary describes a Scrivener, the Tracy Wall 26 craftsman charged with ensuring that the written affairs of others flow smoothly, seamlessly, and accurately. Where a Scrivener must BC NOTARY VIGNETTES record the files accurately, it’s the Notary whose Seal is bond. David Watts 26 We chose The Scrivener as the name of our magazine to celebrate John Eastwood, Tammy Morin Nakashima 27 the Notary’s role in drafting, communicating, authenticating, REIBC and getting the facts straight. We strive to publish articles about Bev Greene, Senior Vice President, points of law and the Notary profession for the education and Property Management for Concert Properties, enjoyment of our members, our allied professionals in business, Receives George Whyte Award 28 and the public in British Columbia.

4 BC Notaries Association Volume 28 Number 3 Fall 2019 THE MiX

PRIVATE RECIPE Italian Plum Cake 29 Published by Laurie Salvador the BC Notaries Association EDUCATION Attend the 9th Canadian Elder Law Conference! 50 Krista James, Sara Pon Editor-in-Chief Val Wilson COMMUNITY Interim CEO G. W. Wayne Braid Uniting the Community through Music 52 Administrative Peter Brimacombe Assistant Christina Tang LAND TITLE AND SURVEY AUTHORITY UPDATE Courier Lightspeed Courier & Logistics The LTSA Introduces Web Filing to Meet Evolving Business Needs 54 Carlos MacDonald Photographer Wildman Photography Editor’s 55 Letters 55 The Scrivener STRATA MATTERS email: [email protected] Don’t Let Your CRT Case Go Up in Smoke – Marijuana Cases 56 Elaine McCormack website: www.notaries.bc.ca/scrivener call: 604 681-4516 GUEST COLUMN: THE ASSOCIATION OF BC LAND SURVEYORS Life as an ABCLS Board Member and an LTSA Employee . . . So Many Hats! 60 Dave Swaile, BCLS, CLS Send photographs to WILLS AND ESTATES [email protected] Executors’ Remuneration: When Do They Get Nothing? 62 Trevor Todd MEDIATION All rights reserved. Contents may not be WorkPeace: Conflict as a Catalyst for Transformation 65 reprinted or reproduced without written Lori Charvat permission from the publisher. HISTORY OF BC This journal is a forum for discussion, Major James Skitt Matthews: not a medium of official pronouncement. The Man Who Saved Vancouver’s History 66 The BC Notaries Association does not, in any sense, endorse or accept responsibility Ron Hyde for opinions expressed by contributors. THE PROFESSION OF PLANNING World Town Planning Day November 8 and the Role of the Town Planner 70 Michael Geller LEADERSHIP How to Develop Agile Leadership Skills 72 Carla Rieger CANADA POST: PUBLICATIONS MAIL TAXES AGREEMENT No. 40010827 So-Called Empty Homes Tax and Speculation and Vacancy Tax. Do you know the difference? 74 Postage Paid at Vancouver, BC Michael Geller RETURN UNDELIVERABLE CANADIAN TECHNOLOGY ADDRESSES TO CIRCULATION DEPT. Fall Tech 76 BC NOTARIES ASSOCIATION Akash Sablok BOX 44 HONOURS AND EVENTS SUITE 700 – 625 HOWE STREET PEOPLE 78 VANCOUVER, BC V6C 2T6 Where in the World Has The Scrivener Been? 78 [email protected]

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 5 PRESIDENT, BC NOTARIES ASSOCIATION Daniel Boisvert www.wildmanphotography.com Advancing Our Professions

©iStockphoto.com/avstraliavasin had the pleasure of being part of the REIBC has been advancing the interest of real estate professionals for over 50 years. In our Cover Story Interview, REIBC Cover Story Interview in this issue it was great to confirm that REIBC members hold the same of The Scrivener. values of honesty and integrity on which BC Notaries have I built their strong Tradition of Trust. I look forward to seeing the BC Notaries Association work closely with REIBC and others to enhance our brands. On the advocacy front, I am pleased to report we have made positive progress with Government. It has been recognized that BC Notaries have more to offer in terms of meeting the noncontentious legal needs of the public; the BC Government is committed to exploring that further with us.

… BC Notaries have more to offer in terms of meeting the noncontentious legal needs of the public; the BC Government is committed to exploring that further with us.

In fact, the Select Standing Committee on Finance and Government Services made a recommendation in its 2020 Budget Report to expand the Notary scope of practice in BC. While we still have much work to do to move that along, the recommendation is a great example of what strong Dan, Susan, Brenda, Wayne advocacy can do. Reflecting on that experience, I confirmed one of my At our recent BC Notaries Fall Conference in Kelowna, long-held beliefs: Not only does our BC Notaries Association we enjoyed another excellent continuing education program, need to be an advocate for our Notary members, we need high attendance, enthusiasm, and fun. A focus in the to advocate for the other associations in our industry. coming fiscal year for our Board of Directors will be to offer We are not alone in the goal of advancing our some alternative channels for our members to learn and profession. We have a greater chance of success if each earn education credits. association leverages the strengths of the others. The I wish to extend my thanks to Wayne Braid combined efforts of many advocates operating in the same for stepping into the CEO position on space are more effective than any one single organization. a temporary basis following the departure BC Notaries are, of course, real estate professionals. of Jacqui Mendes. Wayne has been working The people of our province trust BC Notaries to do the to advance several important projects, majority of the legal conveyancing work necessary when including our new website that will launch soon. a real property is bought and sold. We expect to begin interviews for a new CEO in October. s

6 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 PRESIDENT, THE SOCIETY OF NOTARIES PUBLIC Rhoda Witherly OF BC Photo credit: www.lonniewishart.com The Focus is on Real Estate! ©iStockphoto.com/miroslav_1 hese are my last musings price drop was slow to materialize. It is not yet in effect as the regulations Prices did finally dip in 2018 but, are not in place but, once enacted, to you as President of The for many buyers, a single-family home it will require further disclosure of the Society of Notaries Public was still out of reach. details of the principals of corporate T This year, prices have levelled and it entities who are owners of property. of BC because the final year is expected they will rise again in 2020. Other reports yet to come include of my term finished at the end the report of the public inquiry of September. into money laundering, the Cullen This year, prices have Commission of Inquiry into Money How fitting that this edition levelled and it is expected Laundering. Real estate is believed to features the Real Estate Institute of BC they will rise again in 2020. be a favourite parking spot for money and the work they do in identifying launderers. The government hopes issues and looking at real estate trends the inquiry will shed some light on the in the industry. Has anything happened to address magnitude of the problem and see this situation? if there is a link between increasing Much of the news in the past 2 to prices and money laundering activities. 3 years has been dominated by “Real The BC government began to feel Estate.” There have been changes in the pressure of unaffordable housing As we enter the fourth quarter regulations, interest rate changes, and and lack of affordable rental units of 2019, it is hard to predict where all surprises in the real estate industry. in the Lower Mainland. New legislation this will lead. There have been some It seemed that not a week went by was introduced in the form of the changes in the market but people without another prediction about the Speculation and Vacancy Tax Act. continue to move to BC, increasing real estate market and its state, the The Act is directed at persons or demand for housing. corporations who own residential real announcements of a new “green” Housing prices and rental rates estate and let it sit empty. • housing proposal, new taxes, and new in the Lower Mainland do not programs all relating to real estate. The tax applies only in certain appear to be dropping and are Let’s take a look. designated areas of the province that either holding steady or rising are feeling the housing pressure. in other regions of BC. Spurred on by ever-increasing Property owners residing in those prices in the housing markets across areas must complete an annual • New housing starts and Canada and increasing consumer declaration to claim an exemption from construction of affordable rental debt, in January of 2018 the federal paying the tax. The City of Vancouver units seem unable to keep pace agency Canada Mortgage and Housing has also implemented a similar tax with the growth in population. Corporation introduced a “stress test” with its “Vacancy Tax Bylaw.” It is • New ideas about housing options for home buyers looking for mortgages. hoped that many vacant properties and green housing projects are Despite the low mortgage rates, will become available for rental. It’s still in a beginning stage and not borrowers had to qualify for their loan not clear yet if that has happened . . . yet having an effect on the market. at a much higher rate of interest. and affordability remains an issue. One thing we do know is that The effect was immediate. The final shoe-drop was the as real estate professionals, our jobs Housing sales slowed across the introduction of new legislation called are not going to be static or boring. country. In BC the bottom dropped the Land Owner Transparency Act, Something new will always be on out of sales but the hoped-for given royal asset in May of this year. the horizon. s

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 7 EXECUTIVE DIRECTOR, THE SOCIETY OF NOTARIES PUBLIC John Mayr OF BC www.wildmanphotography.com Change of Seasons

©iStockphoto.com/Macrowildlife he arrival of Fall brings Saskatchewan, and pretty much of that amount used to fund real everywhere else in Canada. estate purchases in BC. We now look the return to school for It was those same teachers forward to the Cullen Commission of students young and old who on principle, after suffering Inquiry into Money Laundering that will T a provincial law that dismantled their examine, among other things, money and the inevitable shift in the contract by unilaterally increasing laundering through real estate. housing market. class size, appeared in the Supreme BC Notaries, real estate Court of Canada to argue the validity professionals, and mortgage brokers To market-watchers, it won’t be of that provincial statute. The are all subject to Canada’s Anti-Money a surprise that I say this year has been Supreme Court found the law was Laundering/Anti-Terrorist Financing unlike many others in our history. not valid and reinstated many of the legislation. All are required to comply While there is some indication the provisions (including class size) that with complex legislative requirements downward trend in the housing market the law had changed. including keeping detailed records is lessening, there are continuing of business relationships, discovering concerns regarding the world-wide source of funds, and reporting economy. It’s an uncertain time with Few would disagree that suspicious transactions. a Canadian federal election looming and the long runup starting for the teachers are an important… Lawyers, who are not subject US federal election. part of our education to AML/ATF legislation, are developing their own systems in response to the Elections are peculiar times. system, public or private. scourge of money laundering. Whereas parties set out their platforms It’s not just AML/ATF legislation and espouse various broad and global The Government in the majority that adds to the burden. Changing policies designed to appease all, stood by its law while the opposition lender requirements, tighter lending that is rarely the case. railed against it. Those same teachers rules, GST, PST, PPTT, and the Land I would look to the teachers were influential in the last provincial Ownership Transparency registry will in this province as an example. election and now, with the previous all add to the cost of real estate and Few would disagree that teachers opposition in the majority, find that not that cost will ultimately be borne by are an important—maybe the most much has changed. consumers. important—part of our education Teachers as professionals are not system, public or private. alone in this predicament. Indeed, Consumers rely on highly educated and trained professionals for the sound Teachers are the thread that the professionals who work in real advice they are provide. Regardless of binds the fabric of childhood through estate find themselves in a similar the profession, those individuals work the years of teenage angst to the situation. In this year alone, the hard every day to benefit their clients development of caring contributing German and Maloney Reports set forth through the provision of services. members of society. In BC, those staggering numbers related to money teachers, valuable as they are, laundering. Maloney found a total of One thing is for sure . . . the are paid less, in fact much less $46.7 billion was laundered through change of season will bring us even than their counterparts in Alberta, Canada’s economy with $5.3 billion more interesting times. s

8 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 INTERIM CEO, BC NOTARIES ASSOCIATION Wayne Braid www.wildmanphotography.com

How Time Flies!

©iStockphoto.com/DNY59 e have all heard Much of my day involves speaking I am often concerned I may not with members who most often open be as effective as I can be or perhaps that old saying the conversation with “I am sorry to I am not responding 110 per cent a thousand— bother you; I know you are really busy.” to situations in my work or my home W In my mind, we can never be too environment because I am distracted maybe two thousand—times! busy to speak with each other, listen by my thoughts about the many things to each other, and offer the advice that need doing. Time moves swiftly forward. or assistance that is being sought. Time was said to flyor fleeby the Here is a Wikiquote about In today’s connected world, Romans, for whom Tempus fugit was time management: “Good time a lot of our conversation takes place a well-known adage. To paraphrase a management enables an individual via email, Facebook, Messenger, and quote from Chaucer’s The Clerk’s Tale, to complete more in a shorter period texting. Our styles of communication For though we sleep or wake or roam of time.” or ride, time flies and for no man will are getting briefer, perhaps with it abide. In Ten Khun in 1710, Kaibaka the expectation that the fewer words Initially, time management Ekken noted, “Time flies as swiftly as we send, the faster the recipient referred only to business or work an arrow” and today we sometimes say will respond! activities but the term has expanded time flies when you’re having fun! to include personal activities. This past weekend at our Time has become The major suggestions in time- BC Notaries Association Annual a commodity. management literature include the Conference at the beautiful Delta following steps. Grand Hotel in Kelowna , that adage How can we understand came to me in many ways. the issues our colleagues • Create an environment conducive to effectiveness. I am back as the (Interim) are putting forth when CEO of the BC Notaries Association. we are in such a hurry? • Set priorities. Away 2 years, I realize time indeed does fly! Old friends, acquaintances, • Reduce time spent Time has become a commodity. many of our sponsors, and of course on nonpriorities. our Notary members have grown older. How can we understand the issues our colleagues are putting forth when Our Notaries have matured, changed • Implement goals. locations, travelled to different we are in such a hurry? provinces and other places around Are we listening less? Getting time Yes, time does fly. We spend much the globe, welcomed children and to slow down so we can listen more of our time trying to figure out how to grandchildren, and changed the way effectively is a real challenge; there manage the beast and grapple it to the they practise as a BC Notary. is just so much to do in a day! ground so we will have more time! s

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 9 KEYNOTE

Val Wilson Editor-in-Chief

Welcome All RI Professionals! www.wildmanphotography.com

ood business is Ken Sherk, BC Notary Input, the colourful and RI, West Vancouver REIBC magazine a team effort put forth “I have been an published three times by people who care RI since 2009 and just a year, ably fulfills G received my 10-year its mandate to keep about doing their jobs well Certificate. I have members in touch with and in harmony with others. been fortunate to have spent time issues affecting the on the REIBC Board and thoroughly real estate industry. Its timely articles It was a pleasure to interview enjoyed my experience. The annual address issues related to appraisal, Daniel, Brenda, Susan, and Wayne luncheons with interesting and sales, management, finance, and other for our Cover Story. They are all entertaining speakers and the Annual industry topics. Input is provided to successful and seasoned professionals Golf Tournament are highlight activities members free of charge. If you are who know their respective businesses each year. not an RI and would like to read the and share the values of integrity, magazine, please visit the REIBC collaboration, and hard work. “That said, my BEST experience website. www.reibc.org has been getting to know and Brenda Southam has associating with REIBC’s Executive Mercedes Wong, RI, been the Executive Officer Brenda Southam. Brenda’s reminds us of this Officer of the Real wonderful personality and strong memorable quote by Estate Institute of leadership skills have helped make Warren Buffet: “It takes British Columbia REIBC what it is today!” 20 years to build a for 12 years. reputation and 5 minutes Susan Antoniali, RI, to ruin it. If you think about that, you’ll do things differently.” CPM, was awarded “The “It takes 20 years Real Estate Management This issue also showcases many Council Member of the to build a reputation photos from the BC Notaries Annual Year Award” in 2011. and 5 minutes to ruin it. Conference in Kelowna. BC Notaries The award is presented If you think about that, certainly know how to make continuing by the Real Estate education FUN! s Council of Canada to an RI member you’ll do things differently.” who holds the property management Why Do We Say “BC Notaries”? designation and is considered to be one of the foremost supporters of the Terry Sidhu, BC Notary People who move to BC are Council and its respective designation. and RI, Abbotsford surprised to learn that a Notary in BC can assist with myriad Our theme section includes stories “I have been an noncontentious legal processes by RIs who were keen to write about RI Member for over . . . a lot more than simply what the RI designation means to 18 years. It has been witnessing documents. Please see them. Here are vignettes from two a great benefit because page 21 for the list of services BC Notaries who are RIs. it has allowed me to be more involved a BC Notary can provide. More vignettes follow the Cover Story. with the real estate community.”

10 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019

REIBC

REIBC Vision, Mission, and Values

n RI is a designated, WORKING TOGETHER The RI Designation: The Mark of a Qualified Professional educated, experienced, REIBC works with a variety of organizations and serves a and connected real diverse membership of real estate A professionals. estate professional. We are committed to the following. REIBC offers the recognized The RI designation sets a high • Supporting high industry Professional RI designation to real professional standard across the estate professionals from all sectors industry and provides an assurance of standards and professional accreditation of the industry who meet high excellence for clients and consumers. education and experience standards. Promoting standards of excellence VISION • in business practices A Professional RI designation A real estate sector comprised of is granted in recognition of the Facilitating ongoing professional professionals operating with the • achievement of rigorous standards education highest standards of integrity and of education and experience that expertise • Collaborating with industry leaders guarantee a high standard of real MISSION and educators estate knowledge. Only individuals who have met specific qualifications can To promote our diverse RI-designated • Contributing to provincial and municipal land policies and attain the RI designation and become members as distinguished Professional members of the REIBC. professionals who are trusted, programs educated, and experienced • Providing an objective perspective REIBC Professional members can be through independent research found working in all sectors of real VALUES estate and the business community • Integrity including the following. Trustworthy professionals who are honest, reliable, respectful, and REIBC works with a variety • Sales and Leasing always above reproach of organizations and serves • Investment and Finance • Expertise a diverse membership • Project and Land Development Continuous improvement of Property and Strata Management the depth and breadth of the of real estate professionals. • knowledge of our members • Appraisal and Assessment Diversity • Our Unique Role • Real Estate Consulting Professional, cultural, and • Notarial and other legal services geographic REIBC plays a unique role as the only professional organization whose • Industry Education • Transparency members come from every segment Proactive, open and honest of the real estate community. We Use an RI the next time you are communication bring together a diverse membership looking for one of these professionals. • Community of industry professionals across seven • Acquisition Manager Collaborative mindset that fosters provincial districts, offering special Administrator interaction, growth, and increased benefits for our Professional, Associate • professional expertise and Nominee members. • Analyst

12 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 REIBC

• Appraiser – ICI • Appraiser – Residential • Arbitrator Education Options for RIs • Architect • Assessment • Asset Manager • Association Executive • BC Notary • Banking – Loans officer, credit ©iStockphoto.com/Elenathewise analyst, retail mortgage banker • Construction Manager • UBC, Bachelor of Commerce The BCIT Marketing Management with a Major in Real Estate Diploma, Professional Real Estate • Consultant Option, qualifies for the RI designation, • UBC, Diploma in Urban Land • Developer as well. This 2-year classroom-based Economics • Engineer program challenges students to solve • UBC, Bachelor of Business problems encountered in real world • Financier in Real Estate scenarios. • Lawyer • BCIT, Marketing Management Two years ago, the REIBC was • Leasing (Professional Real Estate Option) pleased to qualify graduates from the Diploma Diploma in Real Estate at Langara • Manager College for an RI designation, providing • UBC, Post-Graduate Certificate • Mortgage Broker graduates meet the program’s work- in Real Property Valuation (PGCV) • Portfolio Manager experience qualifications. • Langara College, Diploma • Project Manager in Real Estate Professionals can • Property Manager • Ryerson University, qualify to become • Property Negotiator Real Estate Management an RI in a number of ways. • Property Tax Consultant • University of Guelph, • Real Estate Education Real Estate and Housing (REH) In addition to the above programs, • Reserve Fund Planner Professionals can qualify to future RIs come from qualifying become an RI in a number of ways. • Sales – ICI programs at the University of Guelph, The most longstanding of all the Ryerson University, and the University • Sales – Residential qualifying programs is the Diploma of Calgary. • Strata Property Manager in Urban Land Economics (DULE) from UBC. For those without specific • Student real-estate-program education, an The DULE consists of a Our Services executive entrance stream is available. comprehensive core component as Applicants provide specific information • RI Designation well as five specializations including to the Institute regarding their related • Input Magazine Real Property Assessment, Appraisal, real estate work including duration Real Estate Management, Real Estate of experience and responsibility and • Student Mentoring Development, and Brokerage. supervisory levels. • REIBC eNews The DULE is delivered online and Each case is reviewed by the • Weekly Bulletin is designed for busy adult learners. REIBC Governors for acceptance. • Career Opportunities The program can be completed in If the Governors find the qualifications as little as two semesters or can be suitable, applicants are invited to Insight: REIBC blog • extended over a number of years to attend a qualification interview • Members Seeking Employment s match the individual learner’s needs. before a decision is made. s

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 13 COVER STORY

Working Together for the Benefit of All

Dan, Susan, Brenda, and Wayne www.wildmanphotography.com By the early ‘80s, to become an plus associate members and nominee • Daniel Boisvert is President RI you still needed the Urban Land members. About 850 all together of the BC Notaries Association. Economics diploma that now includes . . . and some honourary members, five different specialties. REALTORS® of course. • Susan Antoniali is President do not need to be an RI to get a real THE SCRIVENER: Does your of the Real Estate Institute of BC. estate licence. membership number remain constant? • Brenda Southam is Executive BRENDA: Over the last 5 years, it has. Officer of the Real Estate REIBC offers frequent And as with every other “association” Institute of BC. online education sessions today, we are working hard to bring in • Wayne Braid is Interim CEO to help keep people new people to become engaged in the organization and with our diverse of the BC Notaries Association. stay on top of what's real estate professional members. happening in real estate. Recorded August 2019, THE SCRIVENER: Please tell us about In Conversation with Val Wilson, your RI education program. Editor-in-Chief of The Scrivener WAYNE: The Urban Land Economics BRENDA: UBC runs the Urban Land part of the program is still running Economics program that takes at UBC. Some of our BC Notaries THE SCRIVENER: Brenda, when did anywhere from 2 or more years to have qualified for the RI designation REIBC start up and why? complete. REIBC offers frequent online because they have taken the Urban education sessions to help people stay BRENDA: REIBC was Land program at UBC. on top of what's happening in real started in 1962 as a THE SCRIVENER: estate. REIBC provides education and way for people, mainly How many RI members industry update webinars during the REALTORS®, to acquire do you have? year; this year there were 10. more education for their licensing requirements. BRENDA: It's a Eighty to 90 per cent of our Individuals became RIs small community members are completing continuing when they took the Urban Land of professionals education because that's who they are. Economics diploma from UBC. with about 650 professional members They like to stay sharp and current.

14 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 THE SCRIVENER: Daniel, the Some other organizations in our province, about 380 are members BC Notaries Association was formed province still have not made that of the BC Notaries Association. recently. Why is it now a separate separation. THE SCRIVENER: Susan, you have been organization from The Society THE SCRIVENER: How many President of the REIBC since July 1, of Notaries Public of BC? commissioned BC Notaries are there 2019. How’s it going so far? DANIEL: There is a trend now? SUSAN: I've been on the REIBC in government to want DANIEL: We are still a very small Board for a number of years. I'm to see advocacy for an organization but have just surpassed looking forward to working with the organization’s members the 400-member mark! 11 Governors on our Board to do separated from the strategic planning and implementation organization’s THE SCRIVENER: That's great! and working with our membership self-regulatory participation over the next year. responsibility for public protection. With two separate organizations, Of the 400 qualified THE SCRIVENER: Do you have specific the possibility of conflict of interest BC Notaries ideas in mind for change? is negated. It makes good sense in our province, SUSAN: We will continue to have the advocacy focus on our to bring more Association side and the regulatory about 380 are membership value focus with The Society of Notaries members of the to the community, plus Public of BC, so neither is impeded BC Notaries Association. ongoing relevant by the other. education and industry WAYNE: Some of the WAYNE: Yes, it is great. When your trends and research. background for that organization is working to grow RIs are not all in the same business comes from a report its membership, bringing in more or primary disciplines but they do from the office of the members is certainly a good thing. share the same designation. Ombudsperson that Every year, over 1200 people enquire That provides great networking support advocacy and regulatory about becoming a BC Notary. Of the for information and business needed to be separated. 400 qualified BC Notaries in our opportunities.

2019 – 2020 REIBC Board of Governors Back row from left: Edwin Kwok Yu Yan, Doug Page, Geoff Radtke, Sean McGinnis, Mona Murray, Umesh Chand Front row from left: Cindy Nesselbeck, Susan Antoniali, Daniel John, Keith MacLean-Talbot Missing: Valeria Lifanova, Clayton Olson

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 15 THE SCRIVENER: Please tell us more THE SCRIVENER: Were you able to help For the past 4 years, I have been about the diversity of careers within make changes for homeless people Managing the Real Estate Services the RI designation. in the City of Vancouver? for the City of North Vancouver. We manage all the civic properties and SUSAN: Our RI members are at SUSAN: From 2008 for a number of years, I was a leader in providing assets. My responsibilities also include various levels of their careers. We real estate transactions, property have members from one-on-one the City of Vancouver with emergency shelters during extreme weather management, parking management, specialized services, technical security, and other opportunities. advisors, businessowners, and incidents. Sites were chosen for government employees. They include the demographics of the need When I worked for the City of and are not limited to BC Notaries, and the need changed each year. Vancouver, I don't remember seeing tax consultants, appraisers, The work was to turn the opportunity any citizen pick up garbage from the investment firm owners, chartered of generally vacant warehouses into street. In North Vancouver, many accountants, land surveyors, lawyers, warm and functional shelters in people walk toward a piece of garbage assessors, consultants, commercial less than 1 month. That included on the street, pick it up, and put it into brokers, mortgage brokers, sales abatement, permits, construction, a street container. People hold doors asset managers, project and land provincial agencies, nonprofit open for each other, complete with developers, property managers, providers, and health, fire, and “thank you” and a smile. engineers, and architects. final licensing signoffs. THE SCRIVENER: What’s new in the THE SCRIVENER: Please tell us more It was rewarding because the Lower Lonsdale area? about your own career, Susan. initiative sheltered up to 160 people from the cold. The third year, the SUSAN: The City of North Vancouver SUSAN: I served 38 years at the City contracting company we used was has recently opened “The Shipyard of Vancouver. In 2014 I completed comprised of a number of shelter Common” on Lower Lonsdale. my 19th job journey as the Manager users from the first year. It was It is very exciting for the people of Property Management and Business something special to see and the in the area. The amenities include Operations. operation was a success. a public spray park in the Summer

“The Shipyard Commons” at the foot of Lonsdale, North Vancouver

16 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 that converts into a public skating THE SCRIVENER: Dan, how would you enjoyed the services of that particular venue in the Winter. There is compare the BC Notaries Association Notary over the years. also the Seaside Boutique Hotel, with the REIBC? WAYNE: Our surveys support that. 85,000 feet of commercial space, DANIEL: I see the synergy of values Multigenerational clients are part a satellite campus for Capilano between our two organizations. of the Notary brand. I would say it’s University, and 140 public parking Members of both groups are educated part of the RI brand, too. BC Notaries stalls. Now added to the original Pipe and experienced and we all have are traditionally accessible in their Shop venue are the Tap & Barrel, integrity. When the two brands communities. For example, with Dan's the Polygon Art Gallery, and the come together, really one brand office, people can walk in off the new North Vancouver Museum of is supporting the other because street and most times probably get Archives featuring “Street Car #153.” both brands have the same value to see him right away. Public parking has been reinstated. system. If my clients see value in the THE SCRIVENER: Susan, are your RIs RI designation and I'm an RI member THE SCRIVENER: mostly sole proprietors? What a fantastic and a Notary Public, then I'm giving development! Brenda, that client even more confidence in SUSAN: We're about I noticed that on the believing he or she has chosen the 50/50 right now . . . REIBC website, the right professional. RIs are self-employed word “integrity” shows in corporate business up often. Your members A lawyer friend once or may work for various are a very professional group indeed, government agencies. with integrity. defined integrity as doing We have been successful in promoting the RI WAYNE: A lawyer friend once defined the right thing when designation to a number of employers. integrity as doing the right thing when nobody's looking. nobody's looking. WAYNE: As one of the speakers at the recent THE SCRIVENER: And it feels very WAYNE: When the public is looking 2019 BC Land Summit, good to do the right thing. at a BC Notary and that Notary also I was quite astounded has an RI designation, they see SUSAN: Recently, a couple of ladies following my added value that took discipline and asked me to sit down with them presentation on the a significant investment of time and at North Van City Hall. “We just Torrens system of land money to achieve. You know what want to thank you for having young, registration . . . a difficult subject, they've gone through to acquire intelligent people working at our based on the number of people who those professional designations. City Hall. We're just so thankful,” came up to talk to me and ask BC Notaries and RIs are likeminded they told me. I mention that moment questions; there was a lineup afterward. because in all my career, I've never people who want to show the public heard appreciation for courtesy they are interested in their profession. Do you know who they were? expressed like that. It's a career, not just a job. They were city planners and development officers from various DANIEL: In some WAYNE: Yes. It's good to know that levels of business. They'd never respects, we people like being part of a process heard about Torrens. There were BC Notaries still when it is done well. also a number of staff there from struggle to have the THE SCRIVENER: Brenda, how does some Government Ministries public fully understand your brand generate public confidence who had questions and provided all the services we can so people will choose to do business some information regarding their provide professionally. with an RI? various work focus involving Crown It’s the BC Notaries Association’s job Lands. Someone from Hydro said, BRENDA: The RI to deliver that message. That is also “You need to come talk to our staff.” designation brand the benefit of aligning ourselves with Quite a number of academic clients is very rounded and other organizations like the REIBC. were in attendance. encompassing and Together, we get the message out. it embraces a lot SUSAN: The Land Summit in BRENDA: Another shared quality of people. We work May was very successful with between our two organizations is trust. on our brand every day over 800 delegates attending. because it's so important to us. DANIEL: Absolutely. BC Notaries have It brought together the five member We let people know our members built a longstanding Tradition of Trust. organizations of the BC Land Summit are designated, educated, and And they care. They often have Society—The BC Association of experienced. We talk about what first-time homebuyer clients in their the Appraisal Institute of Canada, an RI is and why new people twenties whose parents, grandparents, The British Columbia Institute of would like to be an RI. and other family members who have Agrologists, The British Columbia

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 17 It brought together RIs who haven’t Social Purpose. We’ve never had so The other story is seen each other for a bit. The much feedback from a topic! The I've read every issue of your camaraderie was outstanding to see. response was unbelievable! magazine [The Scrivener] WAYNE: Cool! WAYNE: And it's not just the members of our own associations who are SUSAN: I have two Notary stories since 1993, cover to cover. reading our publications. We distribute I find it really interesting. to tell you. A few times I have heard that when people go to sell their over 10,000 copies of The Scrivener homestead, they think the Notaries each quarter and there are only 400 Notaries. Society of Landscape Architects, take the whole fee of the real estate The Planning Institute of British transaction. They don’t realize the real One of the offerings from REIBC Columbia, and The Real Estate estate transaction includes other fees that I saw and liked . . . and Brenda Institute of British Columbia. Those such as REALTOR® fees, property tax will correct me if I don't thank her organizations work to foster and adjustments, and legal-document fee properly . . . was the self-evaluation support multidisciplinary relationships adjustments. program you put together about an RI’s competency in his or her and enhance innovative programming The other story is I've read particular profession. for future conferences. every issue of your magazine since BRENDA: We have an 1993, cover to cover. I find it really BRENDA: The Competency Model. online session next interesting. REIBC past president Charles Johnstone was the driving force on week that I am really THE SCRIVENER: Thank you! excited about. that one. It was a really good program. Immigration lawyer SUSAN: More recently, Richard Kurland will talk I once chose a lawyer Brenda did an awesome about the unrest in from reading his articles job with the Strata Hong Kong and the people living in about Wills and Estates Council Governance Hong Kong who are holding Canadian online course. passports . . . about 300,000 people; in The Scrivener. He worked many have ties with BC. So what very fast and professionally WAYNE: Strata happens if they all come home? governance is It's a very interesting topic. for me and my family. important, but unfortunately it may go against people's primal human instinct Those are the kinds of timely . . . to get what they want. things we like to do for our members SUSAN: I once chose a lawyer from to keep them on top of what’s reading his articles about Wills and DANIEL: Strata councils happening. Some people might say Estates in The Scrivener. He worked are generally made up that's not a real estate thing, but it is. very fast and professionally for me of lay people. Providing If 300,000 people come home, it's a and my family. education on strata real estate issue in this city, for sure. Listening to our story, the lawyer governance and strata decided that a strongly worded letter legislation can be very WAYNE: Susan, how helpful in assisting would the City of North with a 24-hour deadline would be the plan. It would either send us to those bodies to better serve the strata Vancouver handle that owners. huge influx of people? a quick resolution or to a 2-to-3-year Where are you going legal battle. The letter was the right BRENDA: Strata governance is about to put them? They can thing to do and it saved thousands the whole, not just the individual. go to Sidney. We have of dollars. For a small fee, the law That’s the challenge. I love over 300 new condos coming on the firm provided an intelligent letter and governance. market within the next 18 months. closed all the issues that would have taken years in Court. WAYNE: It is important to note (LAUGHTER). that social purpose is entering our THE SCRIVENER: What else is WAYNE: Wow. All because of our marketplace. Real estate is turning happening at the REIBC, Susan? magazine. There you go, Val. itself around to realize there must be some sort of positive social purpose SUSAN: We also want to tie our THE SCRIVENER: That’s involved. actions into the community and have wonderful! (LAUGHTER) RI members even more involved. BRENDA: The Scrivener RIs and BC Notaries are valuable Recently we had the opportunity and Input magazines resources in our communities. to host a private tour of the TransLink are powerful vehicles for We must stay focused on how network. Due to security restrictions, education and change. we can do the very best job and it was limited to 15 members; the The Summer edition of Input magazine we must understand our purpose tour sold out in an hour. was focused on Social Housing and for doing it. s

18 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 BUSINESS TO BUSINESS

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Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 19 THEME

Rudy Nielsen

Education is Everything!

first got my real estate As I was selling real estate, the RI course and drop the ACI course. Once I achieved my RI certification, licence in 1964 at the age I made sure I had enough time to take both my RI and Nominee Certificates I was well on my way to success with of 24. and received both in 1972. To this experience, education, and motivation! I day, I find myself very fortunate to be In my 47 years of consulting In those days, it wasn’t common a professional RI. and appraising, my RI designation be a real estate agent at a young age qualifications have always been well ® because most REALTORS were a lot accepted and respected by my clients. older and more established. Despite In my 47 years Throughout the years, I have had the that, I never gave up; the situation of consulting and appraising, pleasure of appraising large properties provided me even more determination including the largest ranch in BC; to be successful. my RI designation a number of food-chain development My father was a trapper-turned- qualifications have always sites; high-rise apartment buildings; businessman in Northern BC and been well accepted and a great number of ranches, resorts, I always knew I wanted to be in the respected by my clients. and recreational properties; and real estate business, too, as it were potential subdivision properties. made for me. I worked very hard in My first job out of high school was the first few years, saving up some I initially enrolled in the cruising timber for BC Forestry so I can cash so I could slow down and ACI program as well, but after a appraise a lot of recreational properties take courses because I always felt disagreement on allowing depreciation for subdivisions and for potential I needed more education. on apartment blocks, I chose to stay on revenue of timber on the property.

20 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 In 1971 I started Yellowhead contains detailed information on every Realty and by 1976, had 6 offices with residential property in BC. Our cutting- 70 employees. In 1981, with interest edge technologies provide lenders and rates as high at 22 per cent, the big financial institutions and real estate crash hit. I lost a lot of money and had professionals the ability to make to make a deal with my creditors in decisions more efficiently, with Prince George that I would pay them increased accuracy and reduced risk. back $1.8 million in 4 years. While most Automated Valuation Because Prince George was Models use only multiple regression experiencing such desperate or variations of regression to provide conditions, I had to move to Vancouver market estimates, Landcor Data to be able to keep up my commitment Corporation’s analytical AVM tools because of its larger market. Here my use both multiple regression and RI certification saved me because for state-of-the-art algorithms to estimate cash flow, I was now doing residential current market value. appraisals again. I worked hard and Landcor’s AVM starts with hedonic appraised a number of properties regression that takes a broad look at throughout downtown Vancouver;

©iStockphoto.com/Siegfried Schnepf comparability. It defines sales as being that enabled me to pay my rent and Grand Trunk Bridge, Prince George similar and recent if they took place groceries and saved me from personal in a similar region, have sold recently, bankruptcy. and are a similar property type. In 1982 I was asked to appraise In the late ‘90s, my The formula then calculates statistical 260 properties, cruise and determine knowledge and skills weights and derives a market value timber values, and determine and, most important, indexed against recent sales prices subdivision potential. After the of similar properties. Considering appraisal was complete and because my RI Designation, took market conditions and neighbourhood I was a licensed REALTOR®, they me on a different path trends, Landcor’s Property Valuator™ asked me to find a buyer, which of appraising properties. tool provides property values that are I did. That earned me the largest updated to the day you order a report. commission I had ever made in the An independent review of our real estate business. The appraisal and put a value on an entire town. AVM came back with a very favourable took me 3 months to complete using I was given 60 days to appraise the response on its performance and helicopters, float planes, and trucks. town and to sell it. Not only did I have that we are one of the best in North to come up with a full appraisal, but If it weren’t for my RI Designation, America. a full marketing plan, too. After the I can honestly say I would have appraisal, I launched a marketing plan Not only does Landcor provide declared bankruptcy. I couldn’t let across Canada, targeting the media current valuations, we offer our down the people from whom I had TM with newspaper ads, TV, and radio. Historic Property Valuator that borrowed money or I owed money The marketing plan found a buyer provides previous residential to so my education is what gave me and I teamed up with one of my valuations, by month and year, going a way out. In fact, I was able to pay REALTORS® at LandQuest and we back as far as 2006. back my debts in 2 years instead were successful at putting together of my 4-year plan. Over the years, not only have a successful sale. we built one of the best formulas for In 1983 I started buying In the late ‘90s, my knowledge providing valuations, we have added all recreational properties myself and and skills and, most important, my real estate documents, including title within 10 years, I did 700 deals RI Designation, took me on a different searches, tax certificates, documents, and owned 450 properties. I did path of appraising properties. and plans, etc., to our online store that by using a system I developed so you don’t have to visit multiple In 1998, I was approached by called F.R.E.D. (Finding Real Estate websites to find what you need. Deals) and created my cash flow BC Assessment and asked to develop by selectively harvesting timber and an automated method to value and Today, with all my education, developing waterfront subdivisions analyze properties, so I formed one experience, and determination, of 5 to 10 acre lots. I also bought and of Canada’s top-tier online Automated I still have that passion and desire subdivided four ghost towns and sold Valuation Model (AVM) for real estate to learn and be innovative and am those lots. data analysis and valuation: Landcor still consulting on large projects. s Data Corporation! One of my most difficult Rudy Nielsen, RI, FRI, is President appraisals that always stands out with Through licensing with and Founder of the NIHO Group me is when I was asked to appraise BC Assessment, Landcor’s database of Companies.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 21 RI VIGNETTES

Cindy Nesselbeck, RI, Jason Grant, RI, Land Consultant specializing in Land Transactions President & CEO, BC Assessment Authority for Local Governments From the very I chose to pursue the beginning of RI designation in 1990 my career, after completing the Urban membership Land Economics program with the REIBC through UBC because the allowed me to designation reflects my make critical personal commitment business to professionalism, integrity, connections and knowledge in the pursuit and facilitated of a rewarding career. valuable mentorships; it helped me The real estate industry is comprised of many different effectively navigate a complex industry. sectors . . . valuation, finance, trading, development, Those connections and friendships endure servicing, management, and so on. There are thousands to this day, along with the credibility and of people in British Columbia who are involved in that opportunity the RI designation has always marketplace. The RI designation assures clients and provided. associates of the highest standards of education and experience. A regular attendee at RI-sponsored The Real Estate Institute of BC is an advocate educational events, I was always able to for education within the real estate industry and complement my on-the-job learning with continuously presents information on issues affecting relevant and timely education opportunities. its members. As a professional member of the REIBC, At those same events, connecting with I stay informed and current on a wide range of real other real estate professionals to discuss estate matters that affect my work. From webinars on common business issues proved invaluable. timely topics to research papers that explore policies, Volunteering as a Chapter Director the REIBC is a great resource to stay up-to-date on and eventually as a Governor with matters affecting the industry. REIBC provided me a window into the The REIBC also hosts many events throughout excellence in Board governance that has the year that provide great opportunities to meet directly benefitted my career. The unique and connect with other professionals who represent experience I gained while working in those excellence and competency in their chosen field. volunteer positions and ultimately as Whether I’m attending local events on Vancouver Island President of the REIBC prepared me for or larger provincial events on the Mainland, it’s always career promotional opportunities. a pleasure to join colleagues for interesting Those roles also allowed me to give presentations and engaging conversations. back to an organization that has benefitted Over the past 29 years, I have served on both me so much personally and permitted me the Victoria and Nanaimo Chapters of the REIBC and to play a small part in important decisions since 2017, I have been honoured to contribute to the that ensure the sustained relevance of the organization by way of participating on the Board of REIBC going forward. Most important, it Governors. The REIBC and the RI designation have gave me a much deeper understanding both contributed to and supported my professional of the incredibly talented and diverse development and personal growth. individuals that collectively make membership with the REIBC so valuable. The real estate industry is always changing but the commitment to excellence and the significance of being I continue to hold my membership educated, experienced, and connected is as important today because I truly believe the today as it was 50 years ago. I am proud of my opportunities it provides are as valuable RI designation and what it represents and I am excited and relevant as when I first entered the about the future of our organization. s industry close to 30 years ago. s

22 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 RI VIGNETTES Services a BC Notary Can Provide Notarization/Documents Daniel John, RI, Affidavits for All Documents required REALTOR®, Sutton Group – Seafair Realty at a Public Registry within BC Certified True Copies of Documents I chose to pursue the Execution/Authentications RI designation because of International Documents I wanted to differentiate Notarizations/Attestations of Signatures myself from other real estate Personal Property Security Agreements professionals in the industry Statutory Declarations and I had the education and Personal Planning experience to qualify. Estate Planning Health Care Declarations The designation was very Powers of Attorney important to me. I wanted Representation Agreements the designation to show high Wills Preparation standards of education, experience, and the overall Wills Searches mark of a real estate professional. Travel Through attending the REIBC events, I was able Authorization of Minor Child Travel to meet an incredibly diverse group of real estate Letters of Invitation for Foreign Travel professionals from all sectors of the real estate industry. Passport Application Documentation It is fun to network and discuss with members and see Proof of Identity for Travel Purposes the concerns and issues affecting other professions. Business Through that information, I was able to build my Business Purchase/Sale knowledge base and better forecast market trends. Commercial Leases As real estate markets change, I am able and Assignment of Leases to look at the market through different lenses. Contracts and Agreements With market changes, I am able to ask myself Property Matters how is this change going to affect Residential and Easements and Rights of Way Commercial Brokers? Appraisers? Property Managers? Insurance Loss Declarations Planners? BC Notaries? Developers? All levels Manufactured Home Transfers of Government employees? Mortgage Refinancing Documentation REIBC always looks for education and event Purchaser’s Side of Foreclosures opportunities for members and industry. There is a Refinancing constant drive to keep current with our ever-changing Residential and Commercial market; it is a top priority that members and the public Real Estate Transfers are kept up to date with the latest industry research. Restrictive Covenants and Builder’s Liens There are many opportunities to learn through Subdivisions and conferences, local events, luncheons, webinars, local Statutory Building site tours, and many more. The organization is also Schemes involved with helping the next generation of real estate Zoning Applications industry professionals; REIBC hosts “Meet the Pros” events to students at postsecondary institutions across Marine the province; students are able to learn about the Marine Bills of Sale and Mortgages different career paths they can pursue and they make Marine Protests important industry contacts. Some BC Notaries provide these services. I continue to hold my RI designation because being Marriage Licences part of this community is second to none. I’m proud of Mediation my designation and am thankful that I get to be a part Real Estate Disclosure Statements of a diverse network of industry professionals who are Over 400 BC Notaries to Serve You! as passionate about real estate as I am. Education is always important to me as I am always trying to grow For the BC Notary office nearest you, my knowledge and skillset and REIBC offers many please call 1-800-663-0343 opportunities for this. s or visit www.notaries.bc.ca.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 23 RI VIGNETTES

Judi Whyte, RI, Residential REALTOR® (Sales) Mandy Hansen, RI, Royal LePage Sussex West Vancouver Principal, Insight Specialty Consulting How has the REIBC I was introduced enhanced my time in to the REIBC through the Real Estate Industry? BC Assessment, my employer at the time. When I was originally It was recommended licensed in 1977, almost immediately as an avenue for I felt the need for advancing my career more education than as an Appraiser. the basic pre-licensing My education gained through the REIBC and its course set out at that approved courses was immediately applied at my time! The Urban Land Economics from UBC was job. I was responsible for residential, commercial, available. That level of education qualified me and development land valuations; the knowledge to apply to The Real Estate Institute, a highly I gained was used constantly in my role. respected designation that would avail me the ability to obtain my Associate Broker licence My practice remains aligned to real estate upon completion of the 4-year distance education and I continue to use my RI foundation in real (communication by snail mail with a $5 late fee estate appraisal in my work. Now I apply that on any tardy course response! There were quite knowledge in a more strategic way for my clients. a few!!) .) The REIBC prepared me for my role in Also at that time there was a senior level real estate and continues to keep me informed seminar being held annually that seemed to and educated on emerging issues in my field. morph into the REIBC annual meetings and The organization supports young professionals education, enabling those attending to meet and seasoned veterans with relevant and timely many other experienced practitioners, learn from information that can be immediately applied into their experiences, and make great contacts for practice. There are also many opportunities to gathering information and passing along referrals apply and hone leadership on committees, events, province-wide. I found over the years that many and on the Board of Governors. of those contacts became friends. The RI designation gives potential clients REIBC offers many opportunities to meet knowledge of the level of education and experience and build relationships. RIs come from all walks I bring to projects. It distinguishes me as a of the industry, not just residential real estate; professional . . . one who is willing and able they offer their knowledge freely, making a social to meet the highest standards of ethics and event a wonderful education about all that is knowledge in my field. happening and effecting the entire market. Over the years, you build an amazing bank of contacts My fellow RIs are strong leaders in their fields that are more than willing to help with pertinent of practice and I am proud to call each of them information and contact recommendations for any my peers. I value every opportunity where I can help you may be seeking! network with them and where we can learn from each other. The REIBC has the most amazing assortment of the industry’s highly qualified and respected The REIBC continues to host education members and it is an honour to rub shoulders opportunities throughout the year. These events, with them! It has been very beneficial and be they in person or via distance, give me insights appreciated to be able to call on their knowledge into the current market I use in my practice. and assistance. Sitting on the Board of Governors And more than that, the REIBC offers educational at all levels as well as being on the inaugural experience that speaks to the influences behind committee that established The BC Land our markets and the potential ramifications from Summit, including the BC Institute of Agrologists, a variety of perspectives. The wide range and Landscape Architects, Planning Institute, holistic viewpoint give me a broader understanding Appraisal Institute, and Real Estate Institute. of my work within the larger economy and global This is a fabulous collaboration and opportunity! s markets. s

24 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 RI VIGNETTES

Mercedes Wong, RI, CRE, CCIM, FRI, Vice President of International Development, Prominent Real Estate Services Most of my colleagues in commercial real estate have the RI designation. Watch for these We are a diverse group of BC professionals. Upcoming Courses! Through my membership, I have learned to know where I can find resources needed with others to work cle.bc.ca/course-list as a team so I can better serve my clients. Through networking and attending REIBC events, I have acquired knowledge of the industry, which is important as a REALTOR®. I love our camaraderie and the networking. After I attained my RI designation, I volunteered at the Real Estate Board of Greater Vancouver Access to Justice for Children Conference as a Director for 12 years and was the President of the Commercial Division – October 21-22 for 5 years. And for 26 years, I have mentored residential REALTORS® to transition to the commercial side of real estate. Some of my clients knew me as an accountant and trusted my advice; I was involved as a Vancouver Credit Union Director for 33 years. I respect the way the REIBC organization helps prepare people to perform well Canadian Elder Law in the marketplace through excellent education components and webinars through Conference – November 14-15 UBC. REIBC also contributes to the community. REIBC’s 2019 Annual Charity Golf Tournament was the 26th. Over the years, that charitable event has generated over $525,000 in support of worthy organizations, including Make-A-Wish®. This past year, the REIBC staff has organized a number of successful member events at several locations throughout the province with excellent response and attendance. The networking and education opportunities REIBC provides to RI members in their respective communities highlight the varied professional Administrative Law interests of REIBC members and help raise the profile of the organization. Conference – November 28 Here are a few of the REIBC working groups that were established to use the power of the membership. Publications • Working Group to Update the Education Matrix - Hot off the Press! • Task Force to Investigate Non-Dues Revenue Options cle.bc.ca/publications • Task Force to Research Best Practices for Incorporating Truth and Reconciliation REIBC has worked with many organizations over the years. One that comes to mind is SPRE. REIBC has partnered with SPRE (Social Purpose Real Estate) to do research on “Own, Rent, Lease” . . . professional real estate analyses on the rates and terms under which not-for-profits, social enterprises, and social purpose organizations secure space in the categories of “own, rent, and lease.” While the BC Family Practice Manual “social purpose” sector underpins much of the social and economic fabric of our society, there is no real data on the real estate scenarios of their operations. BC Probate & Administration Practice Manual The SPRE Table is a collaborative group that helps mission-driven organizations with their real estate needs. It is comprised of the Central City Foundation, City of Vancouver Cultural Services, Downtown Eastside Planning email [email protected] Group and Social Development, Real Estate Foundation of BC, Renewal Partners, phone 604.893.2121 Tides Canada, and Vancity Credit Union. toll free 1.800.663.0437 The focus of REIBC’s quarterly publication INPUT is land and real estate (in Canada) Issues in BC. The theme of the Summer issue (2019, Vol 47, Number 2), Building Community with Partnerships, featured articles on hot topics by local The Continuing Legal Education experts on social purpose real estate with illustrative case studies on buying, Society of British Columbia leasing, developing, and planning real estate. s

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 25 RI VIGNETTES BC NOTARY VIGNETTES

Tracy Wall, RI, David Watts, Deputy Assessor, BC Assessment Authority, Kelowna Office BC Notary and RI, Vancouver I first heard about the Real Estate I’ve been an Institute of BC during my first job RI member of the in the real estate field. Real Estate Institute of British Columbia Selling residential properties gave since 2009. me the opportunity to meet and work with people that were part of this There are two industry . . . appraisers, BC Notaries, RI events I look developers, lawyers, mortgage brokers, forward to each year. property managers, and assessors. The first happens Having decided that the RI designation in June . . . the was the best way for me to reach my goals at the time, I joined annual Real Estate Institute Golf Tournament. the REIBC as a student member. I wanted to pursue further I’ve enjoyed playing almost every year since education and obtain my credentials to appraise property and becoming an RI. The field is filled with industry increase my profile in the sales sector. partners such as REALTORS®, mortgage brokers, I also wanted to apply for my real estate agent’s licence appraisers, and developers as well as suppliers so I could open my own real estate firm, which I did in Terrace such as people from insurance companies where I managed my team of Realtors and sold real estate. (property and title), ASTs, and members from After a few years, I sold the business. I was able to change education, often UBC Urban Land participants. direction and move into fee appraisal work. During that time, It’s a wonderful networking opportunity. I appraised residential properties on Haida Gwaii where I had What also makes the tournament moved with my husband and baby son. special is REIBC always runs it in support From there I moved on to BC Assessment as an appraiser of Make-A-Wish®. The tournament raises lots in the Terrace office. I have been with BC Assessment for 25 of money and each year, participants get to years and have had the opportunity to appraise many different meet a Make-A-Wish family and hear how our property types and work in many locations around the province. contributions have made a difference. There are Having my RI designation helped me seek out promotions; I am some remarkable stories and not too many now Deputy Assessor in the Kelowna office for BC Assessment. dry eyes in the room during that part of the During the time I was building my career, I was a very active posttournament dinner. member of the Real Estate Institute of BC. I participated as The second is the annual Presidents Chapter Chair and Governor for both the North Region and the Luncheon held in a banquet room in a Okanagan Region. Those activities introduced me to excellent downtown Vancouver hotel early each December. education from the conferences and the meeting presentations. Again, there are outstanding networking I was able to network with many interesting people, both within opportunities in a room filled with leaders from the organization and outside it. I found those interactions very the real estate industry and education, as well beneficial for raising my profile and increasing my circle of as those in roles of regulators, advocacy groups, contacts. and foundations. Comparing notes on our view My RI education and designation helped me learn and of the local and provincial market from the understand the industry and helped me choose my career with various different perspectives always leaves me BC Assessment. Within BC Assessment, my RI gave me an with more insight than before the event. REIBC advantage in applying for promotions . . . I have been given has excellent speakers each year . . . authorities many opportunities. I am still an active RI member today. on the top of the real estate realm in our region. I will say to anyone thinking about a career or wanting I’ve always felt proud to call myself to change jobs within the real estate industry that having an an RI. It’s a great group. I would definitely RI designation and being involved in the Institute will provide suggest that other BC Notaries take a look great career-development opportunities. You will meet and at the opportunities available with REIBC interact with many experienced and knowledgeable members membership. While the two events I mentioned who will help shape you and enrich your life. are quite big, the Real Estate Institute has Having my RI and being involved in the Real Estate Institute local gatherings for their members throughout of BC is something I am very proud of achieving. s the province year round. s

26 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 BC NOTARY VIGNETTES

John Eastwood, Tammy Morin Nakashima, BC Notary and RI, Delta BC Notary and RI, Richmond I had a great father- Upon my taking the BC Notaries’ in-law, Larry Bagshaw, Presidency, my mentors Akash Sablok, with whom I worked John Eastwood, and Wayne Braid briefly many years ago. each personally encouraged me We had both just to look into an RI designation through started second careers REIBC membership. in real estate in I am glad I did. Just as they said, Winnipeg; he had retired I discovered valuable access to diverse from a successful career information so I can keep apprised as owner of restaurants of what is happening in fields related and I wanted to work to my industry and remain relevant. with him. Larry had a passion for ongoing education and convinced me to join him in taking The leadership shown by REIBC’s highly capable the 4-year Urban Land Program at the University Executive Officer Brenda Southam is absolutely top notch! of Manitoba. Brenda is personable, knowledgeable, and very professional! She is a true asset to the organization. I was later transferred to Vancouver. Shortly after settling into work in real estate To be a more effective professional requires being more management in Vancouver’s Westside, I learned engaged. That engagement is enhanced by way of an REIBC of the Real Estate Institute of BC through membership through learning from colleagues about the issues another REALTOR®, Julie Gillanders, who was they face and where the issues intersect with our own BC Notary on the Real Estate Institute Board and later profession. From that awareness springs collaboration and change its President; she told me I needed to join with a view to better serving the public. For example, when the the REIBC. The University of Manitoba Urban new Speculation Tax was introduced recently, BC Notaries were Land Program met the education requirements, informed by our Society about related concerns and given best- so I joined REIBC as an RI. practice tips to avoid pitfalls when closing a deal. That was back in the 1980s and I’m REIBC creates industry synergy that facilitates Notaries and privileged to have been a member since then, our allied professionals to dialogue with each other and present ® to have served on its Board of Governors, and additional tips, ideas, and recommendations to the REALTORS as President (1988 to 1989). and businesspeople with whom they work. A bonus of course, is to enjoy the camaraderie of other RIs. I believe the greatest benefit of my RI membership was becoming acquainted That leads me to share one particular occasion. I had with so many leaders in various disciplines of the fortune of attending the Valuing Diversity Conference in real estate in Vancouver. Over the years I have Tigh Na Mara. A variety of speakers shared information on a received advice and assistance from them number of topics including Succession Planning and Mentoring; as I progressed in my career goals and made Google Earth Technology and its benefit for our everyday work longlasting friendships. applications; understanding Strata Governance; the new Strata Depreciation Reports; and Emerging Economic, Demographic, While I am still involved in real estate, and Real Estate Trends. I am now a BC Notary with a legal practice in Ladner/Delta in association with my lawyer- That education has been invaluable and, at that event, I had daughter Lisa Eastwood. My Notary practice has the pleasure of mingling with fellow RIs. Soon after, I became branched out into many areas of noncontentious executrix for a couple of estates that each contained real property. law but I started with a primary focus on real I did not hesitate when I needed to contact an excellent appraiser. estate. The associates and friends I have made I had already established my trust and confidence in Daniel Jones through my RI membership have contributed from Campbell Pound. greatly to my personal achievements. Not only have I been able to confidently point my clients in I am privileged to be an RI. the right direction for the additional services they seek, I have had By the way, that great father-in-law had referrals from fellow RIs, thereby increasing my business, as well. a great daughter, Bryanne, to whom I have been Being an REIBC member contributes to keeping me educated, married for 51 years! s engaged, connected, and successful. s

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 27 REIBC

Bev Greene, (L) and Judi Whyte, RI Bev Greene, Senior Vice President, Property Management for Concert Properties, Receives REIBC’s George Whyte Award

day-to-day operations of Concert’s resented each year at the FORMER GEORGE WHYTE property management team across golf tournament of the BC, Alberta, and Ontario. Whether AWARD RECIPIENTS Real Estate Institute of BC devising strategies to nurture resident 2018 Ashley Cooper P relationships or navigating the impacts 2017 Todd Mikl by Judi Whyte, RI, the George of changing legislation, Bev proudly 2016 Wayne Braid, RI Whyte Award recognizes an embraces Concert’s core values 2015 Nathan Worbets, RI and was named one of Canadian 2014 Judi Whyte, RI individual who demonstrates Apartment Magazine’s Women 2013 David Podmore, RI exemplary professional of Influence in 2013. 2012 Scott Ullrich, RI 2011 James Harrison conduct, has recognized Bev has golfed in the REIBC golf tournament for many years. 2010 Dan Jones, RI achievements in the real estate We are pleased to honour her with 2009 Randy Brown this award. s 2008 Tim Callaghan, RI profession, and supports the 2007 Steve Mullock, RI objectives of the Institute. Brenda Southam 2006 Cal Ross, RI is Executive Officer 2005 Betsy MacDonald, RI Involved in the property of the Real Estate 2004 Charlotte Ciok, RI management industry for 44 years, Institute of BC. 2003 Daniel Stewart, RI Bev has been with Concert Properties 2002 Lorne James, RI for over 16 years and oversees the 2001 Roger Cheng, RI

28 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 PRIVATE RECIPE

Italian Plum Cake 6 plums, preferably firm 1 tsp. xanthan gum (optional and slightly underripe. Italian prune but needed in gluten-free version) plums are best in this recipe. 1 cup almond meal Juice of half a lemon 1 tsp. baking powder 2 tbsp. brown sugar share our 1 tsp. apple pectin ½ tsp. baking soda 3 ⁄4 cup white sugar 1 tsp. cinnamon Commitment ½ cup butter ¼ tsp. fennel pollen 1 tsp. vanilla (substitute 1 tsp. toasted 2 eggs fennel seeds) The Animal Welfare Foundation ½ cup gluten-free flour (use regular 1 tsp. fresh ground ginger of Canada aims to improve the cake flour if gluten is not an issue) (substitute powdered ginger) lives of animals by allocating donor funds to worthy animal Preheat oven to 340° F. welfare charities conducting innovative educational, research Grease the inside of an 8" cake pan and line it with parchment. and public outreach initiatives. Cut the plums in half (remove pits) and place flat-side down in a nice pattern. Sprinkle with juice of half a lemon, some brown sugar, and apple pectin You can share in this commitment powder if you have some. The pectin will help the plums become jammy. through a donation or bequest to Cream together the sugar and butter. Add the eggs and vanilla. AWFC. To learn more, please visit Continue to cream mixture in a stand mixer until light and fluffy. www.awfc.ca. Sift together the dry ingredients then add them to the butter mixture a little at a time, until they are well incorporated. Pour gently over the plums, ensuring the batter covers the entire pan. Bake for 40 to 50 minutes, testing with a toothpick at 40 minutes. It is done when it springs back and the toothpick comes out dry. Let cool and invert onto a flat cake plate. AWFC Sprinkle with berry sugar if the plums were tart. THE ANIMAL WELFARE FOUNDATION OF CANADA FONDATION DU BIEN-ÊTRE ANIMAL DU CANADA Gluten Free/Dairy Free. Serves 8 ANIMAL WELFARE FOUNDATION OF CANADA Suite 643, 280 Nelson St. Vancouver, BC V6B 2E2 Softer, sweeter varieties of plums will give your dish lovely taste and colour but please use a little more lemon juice www.awfc.ca with sweeter, riper fruit. s Charitable registration number BC Notary Laurie Salvador practises 11878-7290-RR0001 at Salvador Davis & Co. in Sidney.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 29 BC NOTARIES Team BC Notaries “Ride to Conquer Cancer 2019”

iding our bicycles a little over 220 kilometres Rin the sometimes wet, sometimes hot conditions was hard—but nowhere near the pain that people living with cancer go through on a daily basis. Thanks to the generous sponsors Stewart Title and Dixon Mitchell and generous donations from BC Notaries and our other donors, our little Team BC Notaries raised just over $15,500 this year. You made our Ride possible. You were the reason we helped the BC Cancer Foundation raise a total of $9.1 million. And now we start training for 2020! We would like BC Notaries and friends and family of BC Notaries to join our 2020 team. Please write for more information. s [email protected]

30 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 BC NOTARIES Friends, Feast, and Recognition

Retired BC Notary George Tanco is the traditional host of the annual Summer gathering of the Vancouver Non-Chapter. This year the event was held at the new home of BC Notary Mary-Ann Mustonen and her husband Billy Hinds. Host Billy Hinds cooked all day to create this bountiful This happy group attended the dinner. seafood buffet for the event.

BC Notaries sponsored a hole in the Canadian Mortgage Brokers Association Golf Tournament at Whistler in July.

BC Notary Greg Litwin, in practice for 34 years, was delighted and honoured when citizens of the South Okanagan and Oliver voted him the Silver Medal as “Best Notary of the South Okanagan” and in Oliver, as well. The first place Gold Medal for the South Okanagan was awarded to a lawyer who was entered in the “Lawyer/ BC Notaries David Watts (L) and Dan Boisvert reading the Notary” category. rules for the Golf Tournament

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 31 PROFILE OF A BC NOTARY

Daniel Park

Showcasing the Winners of the Prestigious Dr. Bernard W. Hoeter Award YEAR 2014: BC NOTARY DANIEL PARK, VANCOUVER Honouring Family Values

io de Janeiro, As a kid, my dream was to be a Major in the community through a position League baseball pitcher but my skills recognized for integrity was always a Los Angeles, never matched my aspirations! huge draw for me. After I married in or Vancouver: 2009, the decision to begin my own R BC Notary journey was an easy one. After the Korean War, my grandfather was looking to relocate his young family. For whatever reason, those three cities were popular options at the time for emigration from South Korea. Due to logistics, he travelled on his own to Los Angeles with the plan to sponsor the rest of his family after he was settled. Believe it or not, a Wiener schnitzel franchise initially financed our family’s move to North America. My parents met as young adults and married in Los Angeles. Ultimately, our entire family moved to Vancouver. I was born and raised in Burnaby and attended the Future MLB Star in the making With my wife Ella Kwak University of British Columbia for my The Scrivener: Why did you choose undergraduate studies . . . a Bachelor to become a BC Notary? The Scrivener: You were the winner of Arts (Double Major in History and Daniel: My father Shinil Park was of the Year 2014 prestigious Bernard Sociology) in 2009. Soon after, I took W. Hoeter Award in recognition of the MA ALS postgraduate program commissioned as a BC Notary on June 7, 2001. He was the first achieving the highest marks on all at Simon Fraser University for the the Notarial Statutory Examinations. purpose of qualifying to become a BC Notary of Korean descent. Like many others with relatives in What motivated you to achieve that BC Notary. I earned my Master of Arts outstanding level of academic success? in Applied Legal Studies in 2014. the profession, I was introduced to the roles and duties of a BC Notary Daniel: For the majority of the MA ALS The Scrivener: What did you want early on. During Summer breaks as program, I had never put any serious to be when you grew up? a high school student, I remember thought toward the awards. I was just Daniel: In 1993, a movie called helping out my father with routine focused on balancing my family/work/ Rookie of the Year was released and tasks like bank runs or trips to the academic life and trying to get through the Toronto Blue Jays had won back- New Westminster Land Title Office. the challenging Notary education to-back World Series in ‘92 and ‘93. The notion of being able to help people program in one piece.

32 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Who Will See Your Ad in The Scrivener? BC Notaries Lawyers Land Surveyors of BC Real Estate Professionals Real Estate Boards and Associations Study group still in action! Less studying, more eating. Age-Friendly Designates When Sidney Notary Laurie myself trying to play at least one round MLAs and MPs in BC Salvador announced at the Graduation a week. I also enjoy music. As a child, Life Insurance Brokers Luncheon that I had received the I was forced to learn the piano by my 27th Annual Dr. Bernard W. Hoeter parents. Although I hated it then, I now and Agents Award, I was truly shocked. If I had to appreciate the fact that I can play. Accountants give a reason for my academic success, My wife and I have a 6-year-old Managers of Financial I can only thank my fellow classmates. West Highland Terrier named Terry. Institutions During the MA ALS program, a group Although his fur sheds terribly in of classmates and I started a study Spring, he has brought us endless joy Investment Management group. Being able to bounce off ideas and happiness and is truly a member Agencies and learn together proved invaluable of the family. Provincial and Federal and no doubt contributed to my own academic success. Court Judges The Scrivener: What aspects of your Registrars Notary work do you enjoy the most? Mayors Daniel: It never gets old seeing the Government Ministries smiles on the faces of first-time homebuyers after they sign the last Libraries: Public and Private, document for their home purchase. including Law Society, Legal Some clients even ask for me to take a Services, Education Facilities picture of their signature on the legal Chambers of Commerce document. Whatever it may be, just being able to play a small but important BC Housing role in an individual’s most significant BC Assessment purchase is always rewarding. BC Buildings Corporation The Scrivener: Are you a mentor? Daniel: At this point, unfortunately no. Having been commissioned in 2014, my initial focus was for the positive development of my own practice Terry the Westie and reputation. Mentored by several The Scrivener: What is most important Notaries in the past, I recognize the to you in life? Winter value of mentorship and look forward to the opportunity to give back as Daniel: Family is most important Advertising a mentor going forward. in every decision I make, either in my Space Deadline personal or professional life; my centre The Scrivener: What are your is always my family. Although my plan November 10 personal hobbies and interests? may not always be perfect, I keep Daniel: I enjoy the outdoors and a positive mindset for all aspects physical activity. These days, I have of the health of my family—physical, [email protected] been quite obsessed with golf and find emotional, and financial. s www.notaries.bc.ca

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 33 BC NOTARIES

Fall Conference September 20 to 22, 2019

he BC Notaries Education for members Notaries rotated among 15 tables included a wide variety to participate in facilitated discussions. Association hosted of topics. The Land Title The 15 leaders presented information another great conference and Survey Authority’s about their respective subjects, T Carlos MacDonald answered questions, and provided at the scenic Delta Grand Hotel outlined changes to the tips for implementing practice in Kelowna. Carlos way legal practitioners improvements. will be filing documents MacDonald Topics included Member in the coming year. Some 275 members, guests, Regulation; Association Initiatives; and speakers attended the event Kelowna lawyer Geoffrey Practice Standards; File Reports; for education on matters important White provided a look Trust Accounting; Capacity and Undue to them and their clients; to network at the importance Influence; Personal Planning; Fee and get to know each other better; of Digital Estate structuring; Recognizing Scams and and to have fun at our 1920s’-inspired Planning for clients Cyber Fraud; Understanding Real Gala. Partners and family members and members, given Estate Appraisals; Ask the Land Title enjoyed a creative guest program Geoffrey White the wide-ranging Registrar; News on the Upcoming including wine tours and a visit to information stored on Land Ownership Transparency Conference Photos: www.wildmanphotography.com a kangaroo farm. The annual golf digital platforms. Registry; The Apostille; Title tournament, a fan favourite, was Insurance; and Practice Advice. held at Tower Ranch Golf Club. Wayne Braid, BC Notaries Captive BC Notary Jackie Kinsey Insurance Company was recognized with the Managing Director, Todd McKendrick award and Quang Duong of for “notetaker” of the MacKenzie Fujisawa year, as recommended Wayne Braid LLP gave their by The Society’s always-popular Risk Jackie Kinsey practice inspectors. Management advice Tammy Morin while The Society’s Nakashima won the General Counsel Ron award for the member Usher wowed the crowd with the highest number with his unique delivery of education credits of Practice Tips from earned in the past the Practice Advice Line practice year. Quang Duong (PAL). Tammy Morin Nakashima As part of the lineup A new feature this year was of events, the BC Notaries Association our “Notaries of the Round Table” and The Society of Notaries Public education event that focused on of BC held their respective Annual a variety of topics of importance General Meetings. to clients and practitioners. Valerie and Marvin Hawke

34 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Members and guests attended the Saturday President’s Reception and Gala Evening in colourful costumes representing the 1920s’ era. Best-costume prize went to Prince George Notary Marvin Hawke (our official bagpiper) and his flapper wife Valerie. We were so fortunate to have Professor Peter Zablud, Director of Notarial Studies at Victoria University, Melbourne, Australia, give a keynote speech entitled Peter Zablud “Trust me! I’m a Notary” and a seminar on foreign- document authentication. A big thank you to BC Notaries Association Interim CEO Wayne Braid and Nicola Fawcett and their team for another memorable Annual Conference Nicola for the Notaries of BC. Fawcett Thanks and appreciation to our sponsors DoProcess, Stewart Title, Dixon Mitchell, Marsh Canada, Chubb Canada, FCT, Chicago Title, LandCor, Central File, BDO, Appraisal Institute of Canada, LTSA, and ProSuite Software Ltd. Sunday afternoon saw the installation of Directors and officers of both The Society of Notaries Public of BC and the BC Notaries Association. Professor Peter Zablud delivered a stirring presentation on the History of Notaries, “From Quill to Qwerty.” The session was impactful and relevant; Peter took us from the origins of the Notary profession in the Roman Empire right up to 2019! Our 2020 Conference will be held in beautiful Victoria, October 3 and 4, at the iconic Empress Hotel. s

Kelowna Notary Nick Aubin and his daughter Katelyn sold 50/50 tickets at the Conference. She helped Bill Binfet do that at an earlier Kelowna Conference!

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 35 36VolumeTABLE 28 Number OF CONTENTS 3 Fall 2019 The ScrivenerBC Notaries | www.notaries.bc.ca/scrivener Association Volume 28 Number 3 Fall 2019 1 2 Volume 28 Number 3 Fall 2019 The ScrivenerBC Notaries | www.notaries.bc.ca/scrivener Association VolumeTABLE 28 OFNumber CONTENTS 3 Fall 201937 38VolumeTABLE 28 Number OF CONTENTS 3 Fall 2019 The ScrivenerBC Notaries | www.notaries.bc.ca/scrivener Association Volume 28 Number 3 Fall 2019 3 Special Presentation by Professor Peter Zablud On several occasions at Australian and New Zealand College of Notaries Conferences, I have received some very special gifts from Wayne Braid on behalf of BC Notaries. This is a chance for me to reciprocate. This is a 100-year-old First Edition of a book, “The Canadian Notary,” I would like to present it to that I have had in my library at home Wayne Braid. If I may say, a rare book for something less than 100 years. for a very rare individual.

4 Volume 28 Number 3 Fall 2019 The ScrivenerBC Notaries | www.notaries.bc.ca/scrivener Association VolumeTABLE 28 OFNumber CONTENTS 3 Fall 201939 HISTORY WITH HUMOUR

Professor Peter Zablud

Trust Me! I’m a Notary Extract from the luncheon speech on Saturday, September 21 at the BC Notaries Fall Conference

ven though Australia “No I’m not,” said Johnnie’s father, of actually being Notaries. The notariat “I’m a Notary . . . but how do you was very much a club for the boys. is God’s own country explain that to a 6-year-old.” The first female Notary and is actually the centre It will be of some help to those in the British Empire E seeking to know more about Notaries was Mary Kitson of of the world—we are 24 hours to look it up the Oxford dictionary. Adelaide in South away from everywhere, You will see that the word “Notary” Australia. She was it is always a particular pleasure appears between the words “lunatic” the first female law and “parasite.” Mary Kitson graduate in South to be in British Columbia. Australia and the first woman to be admitted to legal practice Even more so, when I have the “For a woman to dream in that State. opportunity to catch up with some longstanding colleagues and friends, of being associated Mary Kitson’s first application many of whom I am delighted to see with a Notary foretells to be appointed to office as a Notary here at this Fall Conference. she will rashly risk her was rejected by the Supreme Court of South Australia on the ground A sense of delicacy precludes reputation in gratification that the word “person” in the South me from discussing hockey of foolish pleasure.” Australian Public Notaries Act of 1859 and the Canucks’ performance could not be construed as including last season so I will confine my a woman. remarks to a subject about which It will also be of some guidance we can communicate sensibly and to consider a little-known but Following the passage of the Sex Disqualification (Removal) Act dispassionately. important fact about the notariat. in 1921 by the South Australian One hundred and twenty years ago, I’ve heard it said the word parliament (that mirrored the 1919 th at the turn of the 20th century, “Notary” is the 50,000 -least-used Sex Disqualification (Removal) Act people used to dream about Notaries word in the English language. I don’t of the United Kingdom), Mary Kitson and about being Notaries. know about that. I do know that most was appointed to office as a Notary. people and most lawyers haven’t the That is definitely true. In the best- Fortunately, women are now vaguest idea what a Notary is or what selling self-help book, 10,000 Dreams recognized as persons throughout a Notary does. Interpreted, published in 1901, Australia and throughout Canada, In that regard, I am reminded we are told in no uncertain terms, although it did take until 18 October of the story of little Johnnie at school “For a man to dream of being a Notary 1929 for your Supreme Court to at “Show and Tell, asked by his is a prediction of unsatisfied desires declare that women were persons for teacher, “What does your father do?” and probable lawsuits” and “For a the purposes of Canadian Law. (I have Johnnie said, “My father is a piano woman to dream of being associated no reason to suppose that momentous player in a brothel.” with a Notary foretells she will rashly event caused the American Stock risk her reputation in gratification That night at a parent/teacher Market Crash a week later that of foolish pleasure.” meeting, Johnnie’s teacher said to triggered The Great Depression.) Johnnie’s father, “I understand that At the time the book was As we all know, the nations of the you are a piano player in a brothel” published, women did not dream world have great difficulty agreeing

40 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 on anything, no matter how simple. In the United States, a new breed Despite major and often intractable of Notary emerged, a ministerial BC Notaries differences among nations, the officer with minimal training whose need for Notaries is understood main function is to certify the genuine Speak Your Language internationally and today the office nature of signatures. BC Notaries around the province of Notary exists in one form or another Today, there are more than in virtually every country on earth. 4,500,000 commissioned Notaries offer a great many noncontentious We Notaries in the West trace our in the USA—an absolutely staggering legal services (see pages 23 and 42) history back to the time of the Roman number. in an impressive variety of languages. Republic when Cicero’s secretary Tiro To put it into perspective, there are invented a new system of shorthand more Notaries in the United States than ENGLISH known as Notae that gave rise to the the entire population of New Zealand. AFRIKAANS word “Notary.” ARABIC Fast-forward to medieval times when the Notary had become a In the articles of clerkship BULGARIAN CANTONESE central figure within the legal systems of a London Scrivener of Europe. Let’s have a look at the CROATION qualifications required for appointment Notary, the prospective DUTCH to office in France. Scrivener was forbidden FARSI According to one official source “to play at cards, dice, FILIPINO in 15th century Paris, candidates for tables or any other unlawful FLEMISH the office of Notary had to be “Worthy FOOKIEN and suitable men, experts in their field, games.” He was not and outstandingly knowledgeable.” allowed to “haunt taverns FRENCH They were required “to be dressed or playhouses.” GERMAN respectably and not wear immoral GUJARATI clothing” (whatever that may mean) HINDI and not to play “forbidden games.” I understand they notarize a ITALIAN billion documents a year for domestic They had to “Lead an honest JAPANESE life and not be in dissolute company purposes and an unknown but very or in scandalous places.” large number of documents for KOREAN MALAYSIAN It makes you wonder how the international use. French ever found anyone qualified Sometimes I worry about our MANDARIN to be a Notary. American cousins. PERSIAN The truth is things weren’t that Thomas Fugill was the first person POLISH much different in England. In the in the 13 English colonies to be PORTUGUESE articles of clerkship of a London appointed a Notary Public. He was PUNJABI Scrivener Notary, the prospective appointed to office on October 25, ROMANIAN Scrivener was forbidden “to play 1639, by the General Court of New at cards, dice, tables or any other Haven in what is now Connecticut. RUSSIAN SERBIAN unlawful games.” He was not allowed Seven years later, in 1646, he was to “haunt taverns or playhouses.” dismissed from office when caught SHANGHAIESE Interestingly, there were no falsifying financial records for his SPANISH similar limitations on the activities own advantage. There is no record of SWAHILI of prospective general Notaries in what happened to Fugill afterward, SWATOW England and Wales. but according to Dante in The Divine SWISS Comedy, there is a special place in Unlike would-be French Notaires SWISS GERMAN and London Scriveners who, as we hell reserved for falsifiers. have seen, were strictly forbidden Today, uniquely in the United TAGALOG TAIWANESE to enjoy themselves, aspiring general States, in the State of Kentucky at Notaries weren’t limited in their the time of appointment, a new Notary TAMIL extracurricular activities by their must swear on the Bible, “I have not TAOSHAN articles of clerkship. They were fought a duel with deadly weapons TELEGU therefore allowed to spend time nor have I ever accepted a challenge URDU in pubs and brothels and otherwise to fight a duel nor have I acted as a lead dissolute lives. second in carrying out a challenge.” VIETNAMESE

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 41 In fairness, I should say that in In medieval Florence, evidence Services a BC Notary Kentucky, every state official from the of consummation was formally taken Can Provide Governor down has to make a similar by the Notary from the bride’s father oath on taking office. I’m not sure and brothers who were required by Notarization/Documents what that tells us about what goes on law to be witnesses to the event. Affidavits for All Documents required in Kentucky, other than horse-racing The husband also gave evidence. at a Public Registry within BC and frying chicken. Even though the bride was also a Certified True Copies of Documents participant, in Florence she was never Execution/Authentications In some states, including asked to give evidence to the Notary. of International Documents Florida, Notaries are authorized to Notarizations/Attestations of Signatures solemnize marriages. A specialist in In today’s world where trust Personal Property Security Agreements that area in Tampa Bay, Florida, is in government and in institutions Statutory Declarations Marc Seligman, The Nude Notary. and in expertise has become an increasingly rare commodity, Personal Planning in a world where celebrity is confused Estate Planning Public confidence and trust with wisdom, and where Dr. Google Health Care Declarations don’t just happen; they are rules the roost, why should members Powers of Attorney of the public trust me or indeed any Representation Agreements extremely hard to develop of us, just because we are Notaries? Wills Preparation and maintain and all too Wills Searches easy to lose. The answer is we are unlike any Travel other functionaries within the world’s Authorization of Minor Child Travel legal systems. As the Lord Chancellor According to an article I read Letters of Invitation for Foreign Travel of England Lord Eldon said over online, nudists throughout the United Passport Application Documentation 200 years ago and it is still true today, States find particular problems when Proof of Identity for Travel Purposes “By the law of nations, the word seeking the services of a Notary of a Notary has credit everywhere.” Business Public. They don’t want to get dressed This is because the public Business Purchase/Sale to drive to a Notary’s office. Commercial Leases and governments then and now Those issues do not exist in and Assignment of Leases had confidence and trust in Notaries Tampa Bay, Florida, because nudists Contracts and Agreements and in what we do. in that region can call on the nude Public confidence and trust Property Matters Notary to do their notarial work. Easements and Rights of Way don’t just happen; they are extremely The nude Notary concept Insurance Loss Declarations hard to develop and maintain and all has caught on. When you google Manufactured Home Transfers too easy to lose. “The Nude Notary,” you find a link Mortgage Refinancing Documentation What is it that we and our to “Naked Dan the Handyman” Purchaser’s Side of Foreclosures predecessors in office have done over (with photographs). Refinancing many years to earn public trust? Involvement in marriages is not Residential and Commercial More important, what is it we a new activity for Notaries. In medieval Real Estate Transfers must all do to maintain trust in us Europe, Notaries prepared marriage Restrictive Covenants and the unique public office we hold contracts that included detailed and Builder’s Liens . . . and pass it on to our successors? Subdivisions and particulars of the bride’s dowry. A good place to start is on the Statutory Building The Notary’s duties didn’t stop front page of the BC Notaries’ website Schemes with certifying the agreed dowry and where we read the following. Zoning Applications drawing up the marriage contract. Marine It was of the absolute essence “Throughout history, Notaries Marine Bills of Sale and Mortgages that a marriage be consummated, have been recognized as individuals Marine Protests otherwise the groom couldn’t get his of impeccable integrity, practising in a Tradition of Trust.” Some BC Notaries provide these services. hands on the dowry. There had to be proof of vera copula and who better That’s right. At the heart of the Marriage Licences to certify consummation than our old office of Notary, there is now and there Mediation friend the Notary. has always been one essential quality: Real Estate Disclosure Statements Often enough, it was the Notary Integrity. Over 400 BC Notaries to Serve You! who stood by the matrimonial bed When it comes to discussing the For the BC Notary office nearest you, and was an official witness to what concept of integrity, nobody has put please call 1-800-663-0343 is described in the literature as it better than the former American or visit www.notaries.bc.ca. “the bedding ceremony.” Senator from Wyoming Alan Simpson

42 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 who simply said, “If you have integrity, nothing else matters. If you don’t have integrity, nothing else matters.” Of course, there is more to it than having integrity. There are two other key factors in building and maintaining NOW SELLING public confidence and trust in us and in what we do. IN AMBLESIDE, They are “knowledge” and “professionalism.” If I may say, both WEST VANCOUVER those factors are clearly in evidence here in British Columbia. To become a Notary in British Columbia, you undergo rigorous training and education, including obtaining a Master of Arts in Applied Legal Studies degree from Simon Fraser University. In the context of the notariat, “knowledge” is not just education and knowing things. Knowledge is also about excellence and the pursuit of excellence. Real excellence requires more than developing a quality skillset; it requires a genuine commitment to professional service . . . something we all expect of each other and something we all share. It is an unending habit and commitment throughout all our A unique community of 4 homes professional lives. to sq. feet A principal aim of the BC Notaries Association and its successive Boards of Directors and staff members is to lead Notaries in British Columbia in the continuing pursuit of excellence. Conferences such as those you conduct and those we in Australia conduct—including our Conference in The Hague next year to which you are all invited—help Notaries to develop excellence. As with all conferences, this Conference enables us to improve our skills and learn from each other. In addition, and most important, conferences allow us to socialize, meet old friends, and make new friends. We should never play down or denigrate those aspects of a conference. The MAJORRUSHMEWS.COM collegiate nature of the notariat is one of its greatest strengths. s 778.997.9980 Professor Peter Zablud, AM, RFD, is an Australian Lawyer and Notary and the Director of Notarial Studies, Victoria ANOTHER DEVELOPMENT University, Melbourne, Australia.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 43 Tammy Morin Nakashima

Building Better Communities, One Grant at a Time

MESSAGE FROM THE CHAIR OF THE NOTARY FOUNDATION Tammy Morin Nakashima

ith my time as methods to distribute useful literature Recently we had a request in the Access to Justice visions for for a grant regarding gender equality. Chair of The Notary indigenous people, we’ve had a very That request would not have been Foundation coming busy year. understood 25 years ago and not W thought of as part of Access to to an end, I can reflect on • I am pleased to report our revenues hit $3,858,170 this year. Justice. this experience as being • Our contribution to the Legal Today it is a very relevant concern. very educational and most Services Society was over There are people struggling to have rewarding. $2,121,994, notwithstanding identification documents that correctly the slow-down in the real reflect their gender. Can you imagine Good relationships are forged estate markets that are the key how restricting it is for an individual when people work together for a generating source of money in who wants to travel but does not have common goal; serving on The Notary BC Notaries’ Trust accounts. the appropriate ID to do so?! That is Foundation Board of Governors has • Grants to community-based a basic need. Through The Notary been no exception. organizations were $259,434. Foundation, we help people on that kind of grassroots level. The purpose and goals of many excellent organizations in Good relationships are Happily, the fine work of The British Columbia are to provide Notary Foundation will continue as the necessary legal services to people forged when people work next Chair steps in for her term with who need help—advocacy for those together for a common the Board of Governors. The Strategic whose voice needs to be heard; goal and serving on The Planning Session will soon take place assistance for individuals who are and I am excited about what the experiencing misfortune; or guidance Notary Foundation Board future will bring. to help lift men and women who of Governors has been no are marginalized—out of their current I extend my thanks to the Board circumstances. exception. of Governors and our Executive Officer The Notary Foundation Governors Wayne Braid for their dedication and have the privilege of meeting four It’s interesting to me that when caring service. times a year to consider and extend we meet with the ACLF (Association of And I offer a shout-out to the Grants to such applicant organizations. Canadian Law Foundations) to share members of The Society of Notaries Thereafter, we have the pleasure of information and experiences, all across Public for their great work. The reading the impact reports on the Canada we find we are facing similar interest earned in their Trust accounts resulting tangible benefits to those challenges. generates the revenue for The Notary organizations and people. • What challenges are communities Foundation’s excellent efforts in our From advancing scholarships and experiencing in this day and age? province. bursaries, to funding for advocacy for • What are the best avenues to avail young single women and children so And finally, thank you to all people to Access to Justice? they have a fighting chance of building the Financial Institutions that work a better life together, to joining the • How broadly encompassing are the with us to provide the revenue from Law Society in funding innovative words “Access to Justice”? BC Notaries’ Trust accounts. s

44 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Building Better Communities, Jessie Vaid One Grant at a Time $54,741,235* Tammy The Board of Governors of The Notary Morin Foundation of BC is comprised of Nakashima • 8 members of the Board of Directors of The Society of Notaries Public of BC; • 1 representative from the Attorney General’s Kate Manvell Office in Victoria*; 40 MILLION • 2 Directors-at-Large, appointed by the Attorney General**; and • the Executive Officer. Rhoda The members from The Society are elected Witherly by the Directors of The Society from among their ranks, for a 3-year period. 30 MILLION Susan Tong The Foundation Governors Tammy Morin Nakashima, Jessie Vaid Chair Kate Manvell 24 MILLION Rhoda Witherly Susan Tong Linda Manning * Lisa Nakamura Linda David Watts ** Deborah Nelson Manning Akash Sablok ** Jas Rehal *Lisa 18 MILLION G. W. Wayne Braid, Executive Nakamura Officer of The Notary Foundation, is responsible for the administration of the office and 12 MILLION staff and the diverse investment funds of The Foundation. David Wayne Braid The Board of Governors meets Watts quarterly to consider applications **Deborah 6 MILLION for funding from various organizations and to set Nelson policy, review The Foundation’s financial status, and provide direction for the administration of The Foundation.

The Governors of The Foundation have the responsibility of guiding The Foundation Akash in its mandate to disperse the funds generated Sablok by interest on BC Notaries’ Trust Accounts. **Jas Rehal

The Notary Foundation funds are used for the following purposes. 1. Legal education 2. Legal research Funds earned to date from 3. Legal aid BC Notaries’ Trust Accounts. 4. Education and Continuing Education for BC Notaries and applicants who have enrolled to become BC Notaries *Total revenue 5. Establishment, operation, and maintainance of law libraries in BC to August 31, 2019, 6. Contributions to the Special Fund established since inception under the Notaries Act of BC

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 45 Dr. Susan Breau

Building Better Communities, One Grant at a Time Congratulations Johanne Blenkin, New Director of UVic Access to Justice Centre for Excellence (ACE)

his appointment collaborative way, in particular with In her role as Director, respect to developing and collecting was made possible Johanne will be responsible data standards that can be shared by funding from the across the sector and developing T for advancing ACE’s metrics to better measure services. Law Foundation of BC, objective of actively This work will be in the context of The Notary Foundation of BC, engaging the law school advancing access to justice related to the delivery of legal services at both and the BC Ministry of Attorney with the justice system a provincial and national level. in a collaborative way… General. Jerry McHale, I am pleased to announce the QC, founder of appointment of Johanne Blenkin as ACE and a leader Director of the UVic Access to Justice in justice reform, Centre for Excellence (ACE). will remain on Jerry McHale the ACE Faculty Johanne has a BA and an LLB Advisory Committee. from the University of Alberta and Lam Chair Robert an MLS from McGill University. Lapper, QC, Lam Chair She has extensive experience working in Law and Public in the province’s justice sector as Policy, will join the legal counsel and in legal information Advisory Committee. management. Between 2004 and ACE will build on the 2017, she was Chief Executive Officer Robert Lapper outstanding work done of the BC Courthouse Library Society, to date by Jerry McHale working closely with justice sector and his colleagues at ACE. partners to manage the increasing role of technology in access to, and the Johanne’s term started August 1, integrity of, legal information. 2019. She will be located within the In that capacity she led the Law Library, room 270b. She can be development of Clicklaw, the public reached at [email protected] and Johanne Belkin legal education website and the 250 472-4850. first Board and worked closely with the LawMatters program with public I would like to thank Jerry McHale, Law Society of BC and others to make libraries, Johanne was a founding QC, for his work to secure funding BC legislation freely available online. member of Access to Justice BC for, and advancing the work of, ACE. As legal counsel, she worked primarily (A2JBC) and a member of the I would also like to thank the selection in family law with an emphasis on secretariat supporting the Executive committee members Jerry McHale, mediation and collaborative law. Committee, the Planning Committee, Michelle Lawrence, and Tim Richards and the Measurement Working Group In her role as Director, Johanne for their work. s of A2JBC. will be responsible for advancing ACE’s Johanne was a Director on CanLii’s objective of actively engaging the law Dr. Susan Breau is Dean of the Faculty (Canadian Legal Information Institute) school with the justice system in a of Law, University of Victoria, BC.

46 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Chief Justice Robert Bauman

Building Better Communities, One Grant at a Time

PART OF THE ACCESS TO JUSTICE MOVEMENT Notaries’ Role in Access to Justice in BC

n June 12, 2019, the disturbing, too many don’t turn to the There are various complex justice system in the first place with BC Notary Foundation reasons why people their legal problems. Ojoined more than have difficulty accessing And by justice system, I mean 50 other justice system to include not just the Courts, the family and civil but all services, institutions, and organizations in signing onto justice system. organizations that support people the “Access to Justice Triple to get the skills, knowledge, resources, and services they need to manage Aim.” legal problems. It most certainly includes BC Notaries. In doing so, The Notary Foundation confirmed its commitment There are various complex reasons to being part of the solution to the why people have difficulty accessing the access to justice problems in this family and civil justice system. Legal aid province. funds, for example, are reserved largely for use in criminal matters. What is the Triple Aim? It is one aspirational goal with three interrelated Even where legal aid is available elements: for family and civil cases, most people do not meet the income (1) improving access to justice requirements. To qualify, a one-person at a population level; household must make $18,960 or (2) improving the experience less per year; a four-person family of the users (people who have must make $41,640 or less per year. legal problems); and Most people make too much money (3) improving costs—not just to qualify for legal aid. Yet most people spending money to better effect do not make enough money to afford in the justice system but also to hire a private lawyer at $200 to reducing costs in other sectors $450 per hour. by improving access to justice. What do people do? In some cases The Triple Aim was adapted from they decide to represent themselves in the health sector to the justice sector Court. At the Court of Appeal, at least by Access to Justice BC, a coalition 40 percent of the litigants in family law The Honourable Robert Bauman of people and organizations within and appeals are self-represented. In other outside the justice system working Committee on Family and Civil Justice cases they may walk away from their together to promote concrete change. Report, A Roadmap for Change. legal problems, abandoning legal rights. I am Chair of Access to Justice BC and That report summarized some of the Those most affected are often the most have occasionally blogged about its difficult facts we’ve known for many vulnerable members of our society, activities on the group’s website. years: Too many ordinary Canadians in particular Indigenous people. Access to Justice BC started struggle with their interactions with As Chief Justice of BC, I am as a response to the National Action the justice system and, even more deeply troubled by this situation.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 47 Chief Justice Bauman delivers remarks at the Triple Aim signing event.

The rule of law demands that all of us must be held to the same Signatories of the Triple Aim legal standards. While the rule of law remains strong in Canada, improving the experience of “the it is threatened by ordinary people’s user.” Looking at the justice system inability to access the justice system. BC Notaries’ work is to assist from the user’s perspective can We are failing if people can’t afford people with legal problems. transform the way you do business. to enforce their rights or if obtaining It is a profession with There may be technology to better justice means financial ruin. a tradition of service to the deploy, collaborations to pursue, or BC Notaries’ work is to assist innovations to adopt in how services people with legal problems. [See public and preservation are delivered. pages 23 or 42.] It is a profession of the rule of law. If being part of the solution calls with a tradition of service to the to you, I encourage you to take a look public and preservation of the rule at Access to Justice BC’s Framework of law. Notaries are an integral part On a side note, I wish him all the best for Action, Measurement Framework, of our economy’s fabric and play an in his well-deserved retirement. I have and User Guide for ideas on how you important role delivering services, been proud to work alongside Wayne can make a difference. often at rates the average person and the various other stakeholders to is more likely to be able to afford. try to gain traction on access to justice Signing on to the Triple Aim in our province. was an important step signifying Therefore, it is no surprise that commitment to a common goal Notaries have a keen interest in Which brings me back to the of improving access to justice in access to justice issues, exemplified Triple Aim and a challenge to all the BC and to action to pursue that by Wayne Braid, Executive Officer readers of The Scrivener: How do you goal. Now is the time to follow of The Notary Foundation, in his see yourself and your organization that commitment with concrete and participation with Access to Justice BC contributing to access to justice? meaningful change. s from its inception. I commend Wayne’s It is hoped that the Triple Aim leadership on access to justice can provide some guidance on how The Honourable Robert Bauman issues, too many to enumerate here. to make progress, particularly by is Chief Justice of British Columbia.

The Chief Justice, the Attorney General, and other guests Signatories and guests at the Triple Aim signing event at the Triple Aim signing event

48 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Building Better Communities, One Grant at a Time Announcing the Establishment of the The Right Honourable Beverley McLachlin Access to Justice Fund

new fund created to honour the legacy About the Governing Council of Canada’s longest-serving Chief of The Right Honourable Justice, The Right Honourable Beverley Beverley McLachlin A Access to Justice Fund McLachlin, was launched in mid-September. Founding Members of the Council Named The Right Honourable Beverley McLachlin • The Rt. Hon. Beverley McLachlin, Access to Justice Fund (the “Fund”), it is intended to P.C., C.C., LL.D. (Chair) help support greater access to justice for all in Canada, a cause dear to the former Chief Justice. • The Honourable Bruce Cohen • The Honourable Thomas Today, the Governing Council of the Fund is Cromwell, C.C., LL.D. (Secretary) pleased to announce receipt of a $5 million one-time grant from the Government of Canada. • Virginia Engel, Q.C. “This Fund will support innovative ways to improve • The Honourable L. Yves Fortier, access to civil and family justice,” said The Honourable P.C., C.C., O.Q., Q.C., Ad.E., LL.D. Yves Fortier, a member of the Council. “We invite those • The Honourable Myra Freeman, interested in promoting better access to civil and family C.M., O.N.S., M.S.M justice at all levels of the justice system to apply, when • Brandt Louie, O.B.C., LL.D., the application process is formally launched.” FCPA, FCA “Access to justice is the cornerstone of a modern • Sheila M. MacPherson democratic society,” said The Honourable Bruce • Peter MacKinnon, O.C., Q.C., Cohen, another member of the Council. “This Fund will LL.D. help the most marginalized people have greater access • The Honourable John Manley, to justice.” P.C., O.C. The Fund has received additional donations and • Jason D. D. McLean pledges from the Federation of Law Societies of Canada, leading Canadian law firms, and interested • Richard Pound, C.C., O.Q., Q.C., Canadians, putting the Fund in the position to soon Ad.-E., FCA meet its $10 million goal. The donors include Bennett • H. Sanford (Sandy) Riley, C.M., Jones LLP; Blake, Cassels & Graydon LLP; Borden O.M., LL.D. Ladner Gervais LLP; Federation of Law Societies of • Mark D. Wiseman Canada; Gestion Cabinet Woods Inc.; Goodmans LLP; The Governing Council of the Fund McCarthy Tétrault LLP; Norton Rose Fullbright; Osler, has arranged for the Vancouver Hoskin & Harcourt LLP; Power Corporation of Canada; Foundation to be the trustee of Stewart McKelvey, Stikeman Elliott LLP, and Torys LLP. The Right Honourable Beverley Visit https://www.vancouverfoundation.ca/ McLachlin Access to Justice Fund. mclachlinfund for further information or to donate. s

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 49 EDUCATION THE MiX Krista James (L) Sara Pon Attend the 9th Canadian Elder Law Conference!

his Fall the Canadian of Canada, will share his views For those who cannot make on access to justice issues facing the event, our event partner, the Centre for Elder Law older adults. Continuing Legal Education Society (CCEL) hosts the Consistent with our past of BC, may broadcast a recording Tth conferences, sessions are of the event in 2020. 9 Canadian Elder Law presented by experts from diverse The best way to experience the Conference, the only regular fields, including law, social work, event, however, is in person. There are national Canadian conference medicine, research, and community. always exciting conversations to have The conference also features with other attendees over lunch and dedicated to legal and policy a number of presenters who share between sessions. issues related to aging. their lived experience of disability or dementia in relation to legal issues. Below we highlight some of the The theme of this year’s speakers and panels that will be part conference is “Bridging the Gap: of this year’s conference. The best way Elder Law for Everyone.” The theme Cannabis Use in Long-Term Care speaks to a desire to break down to experience the event, Based on past evaluation forms, barriers and silos. We strive to offer however, is in person. an opportunity for rich conversations one of the most popular elder law that bring together stakeholders with There are always exciting conference sessions is the debate different experiences and expertise conversations to have with . . . always a mix of humour and education. This year’s debaters tackle to tackle some of the most challenging other attendees over lunch legal issues associated with aging. the resolution: Be it Resolved that and between sessions. Long-Term Care Residents Should be In this vein, the 2019 conference Permitted to Use Cannabis in their includes presenters speaking to Homes. The interdisciplinary debating their experience in Indigenous The 2-day event will be held in teams include two criminal lawyers and smaller rural communities; Vancouver on November 14 and 15, who have presented on cannabis use a number of panels are designed 2019. Participants can sign up for issues, John Conroy, QC, of Conroy to bring elder law and disability 1 day or both. and Company in Abbotsford, and Kyla perspectives together to enhance our A live webinar option is also Lee of Acumen Law, as well as elder understanding of issues. available. A limited number of law conference alumni Al Jina, CEO We are thrilled that The registration bursaries are available of Park Place Manor, and Dr. Jennifer Honourable Thomas A Cromwell, for people who cannot afford the Baumbusch, who teaches in the UBC formally of the Supreme Court registration fee. School of Nursing.

50 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Other topics to be covered The workshop will cover This is a great session at the conference include elder abuse information on the for enhancing your and neglect, advance planning, undue influence, aging and dying in prison, knowledge a person needs understanding of how and human rights for people living with to mediate a dispute… when the OBSI route might dementia, and the intergenerational be helpful to your clients. workplace. Elder Mediation Workshop Agenda details are available This year’s elder law conference Luncheon with the Ombudsman on the CCEL conference website. will feature a 3-hour elder mediation for Banking Services and Investments workshop led by Vancouver lawyers (OBSI) and mediators Joan Braun and Vivian Day 1 of the conference features a You can find interviews with Kerenyi. The workshop is being presentation by OBSI Chief Executive a number of our conference presenters developed as part of their research Officer and Ombudsman Sarah on the CCEL blog. We are adding project that seeks to translate Bradley who is based out of Toronto. a new interview every week leading elder mediation research and best OBSI is a not-for-profit organization up to the conference. practices into Canadian jurisdictions. that investigates disputes between a <> that sets out core competencies services firm when the consumer is for practitioners of elder mediation. BC Notaries and lawyers can get unable to fix a problem on his or her continuing professional development The workshop will test some of this own. OBSI offers an alternative to the (CPD) credits at the conference. material. The elder mediation workshop legal system, working informally and is an interactive session that will be of confidentially to find a fair outcome Sponsorships to Fund Bursaries interest to lawyers working in elder law for consumers who feel they have been All sponsorship revenues are applied who want to develop mediation skills, mistreated. This is a great session to fund bursaries for conference as well as to trained mediators who for enhancing your understanding of participants who could not otherwise want to develop their knowledge and how and when the OBSI route might attend, including students, seniors, skills in elder mediation. be helpful to your clients. health care professionals, and The workshop will cover information nonprofit organizations. on the knowledge a person needs to At the date of writing, we thank mediate a dispute involving older adults, To register for the our first sponsors for kicking off the provide hands-on training on how to conference, visit the CCEL’s sponsorship campaign. Our Gold level convene an elder mediation session, conference website. sponsors are Clark Wilson LLP, the and provide training on how to deal Public Guardian and Trustee of British with ethical issues specific to elder Columbia, and the BC Securities mediation. Space in the mediation Understanding and Assessing Commission. Silver level sponsors workshop is limited. Interested readers (In)capacity: A Practical Overview are the BC Notaries Association, the wishing to reserve a seat should email of the Process Alzheimer Society of British Columbia, [email protected]. Mental capacity is a complex topic. and CARP. In 2017 we were able to The Gregory K. Steele Capacity standards for different offer 20 bursaries. Student Paper Prize in Elder Law activities or decisions vary and capacity is not determined by disability alone. Please contact CCEL National The Gregory K. Steele Student Prize Director Krista James if you in Elder law is awarded at each This session with Dr. Deborah would like to be an event sponsor. conference to a Canadian university O’Connor of the Centre for Research [email protected]. student for an academic paper on on Personhood and Dementia at UBC a topic related to law and aging. aims to demystify mental capacity Registration The winning student is invited to and explain how mental capacity To register for the conference, visit present the paper at the conference. for different kinds of decisions is the CCEL’s conference website. The prize was established in 2006 to assessed. This session should help https://www.bcli.org/ccel/canadian- honour Greg’s contribution to the field attendees to identify circumstances elder-law-conference of Elder Law. This year’s prize is being where it would be appropriate to See you at the conference! s awarded to Anne-Isabelle Cloutier, an recommend that a client or a family LLB candidate at the McGill University member has his or her mental Krista James is the Faculty of Law, for her paper on why incapability for certain kinds of CCEL National Director. a guardianship tribunal is needed in decisions assessed by a professional Canada. This year’s prize is sponsored and better understand how to interpret Sara Pon is a by Clark Wilson LLP. assessment findings. CCEL Legal Research Assistant.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 51 COMMUNITY

Peter Brimacombe

Uniting the Community through Music Show November 30 The Reach! Diverse-City Singers performing at the World Refugee Day commemoration, Victoria City Hall. Retired former BC Notary Susan Mercer, (in blue, back row, third from right). Artistic Director Anne-Marie Brimacombe in front, (left, hands up)

t has been said that of its groups. The Reach! Diverse-City Singers include new and established disunity underlies many Canadians from more than 15 of the significant problems different cultures. “The camaraderie I and enthusiasm are amazing,” in our community and world. says Susan, “and when we start Louis Armstrong’s song by saying A dynamic nonprofit in Victoria is ‘It’s A Wonderful World’ in over a effectively counteracting that through dozen languages, it’s really touching.” the power of music. Established in 2017, West Coast Reach Association (WCRA) was “The camaraderie and established to celebrate diversity enthusiasm are amazing,” of ages, cultures, and abilities through says Susan, “and when we the performing arts. Already it is offering four unique programs, bringing start Louis Armstrong’s song together very diverse groups of people by saying ‘It’s A Wonderful through music. World’ in over a dozen Susan Davis Mercer, languages, it’s really former President touching.” of The Society of Notaries Public of BC, is on the Board Susan is also a member of the of WCRA and actively Our Place OutReach Singers that Reach Performing Company members participates in two bring together members of the street in rehearsal

52 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 community with the greater community through music. Held in partnership All WCRA programs and groups help participants with the Our Place street shelter, develop music and/or performing skills but they all have this group also leads the singing in the annual CBC reading of Dickens’ a greater purpose, as well . . . to bring meaning, healing, A Christmas Carol in Victoria. and unity into the lives of participants and the community. Another outstanding WCRA group is the Reach! Performing Company. “Half the members overcome significant disability Anne-Marie to participate in Brimacombe this group,” says Artistic Director Anne-Marie Brimacombe, “and a number of members are professional performers. The calibre of performance is amazing; audience members are often up singing along, dancing, beaming, and wiping away tears all at the same time.” Reach Performing Company These three groups perform at numerous community events in Greater Victoria and host the “We Are One” benefit concert each year to commemorate World Human Solidarity Day and the International Day of Persons With Disabilities. The show this year also features a number of amazing guest performers and will be held in Victoria at 7 pm on Saturday, November 30. www.westcoastreach.org/ The fourth program offered by WCRA is “Music and Movement Are Magic,” an early childhood learning program at the Inter-Cultural Association (ICA) PreSchool in Victoria for children of new immigrants Our Place OutReach Singers performing at the Our Place street shelter block party and refugees. “Some of these children have been truly traumatized by war in their countries, and music is such a loving way of coaxing them out of their pain,” says Brimacombe. All WCRA programs and groups help participants develop music and/ or performing skills but they all have a greater purpose, as well . . . to bring meaning, healing, and unity into the lives of participants and the community. At a time when we are all facing considerable disunity and stress in our lives, this is truly a welcome and joyful initiative. s Peter Brimacombe is a volunteer with “Reach” as administrator and music arranger. Reach Performing Company in performance

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 53 LAND TITLE AND SURVEY AUTHORITY UPDATE

Carlos MacDonald The LTSA Introduces Web Filing to Meet Evolving Business Needs

onveyancing is central to need for offline PDF form templates. service team to ensure conveyancers Web Filing forms will be prepared have a smooth and easy experience. the work of BC Notaries online using the myLTSA portal Web Filing will feature and other legal or through conveyancing software comprehensive form and package C integrated with Web Filing. Juricert validation with more contextual help professionals. will continue to be a key component available within the forms themselves. of system security, with Web Filing Customers can eliminate redundant For over a decade, the LTSA has forms electronically signed using administered the province’s land title data entry by saving templates for a Juricert certificate saved in the reusable form data. Legal description and survey systems, including the myLTSA portal. registration of applications submitted is auto-populated based on the Parcel by BC Notaries, lawyers, and land Identifier (PID). surveyors. Recently, the LTSA has Over the coming months, For customers using conveyancing been consulting with conveyancing the LTSA will begin software such as ProSuite, the LTSA professionals on a new iteration of the is working with software vendors to electronic filing system with a view to introduce Web Filing… assist with integrating modernized to updating the system to ensure electronic filing capabilities into their land title submissions reflect changes Customers are a key focus for software packages. Those customers in business, technology, and policy. the LTSA’s business and strategic can continue to prepare land title Amendments to the Land Title direction. To minimize disruption forms as they do today; software Act (and consequential changes to customers’ business and reduce providers will provide updates on any to the Land Act and Property risk associated with rapid change, functionality changes. Transfer Tax Act) will come into force the LTSA now plans to introduce Following the introduction of Web November 15, 2019. improvements more slowly. Filing, new system capabilities will continually be made available. Future Most notably, Part 10.1 of Web Filing will be introduced developments include streamlined and the Land Title Act, which governs in several phases. The first phase aligned processes for the submission electronic filing, is being repealed will pilot Web Filing forms with a small of survey plans and datasets and and replaced to simplify the group of customers to ensure the additional data validation and auto- legislation. The new Part 10.1 will changes are easy, clear, and complete. population to further minimize defects. retain and simplify the current Once the pilot phase is successful, Once customers have had sufficient electronic filing scheme and enable the first set of Web Filing forms will time to transition to Web Filing, the streamlining of various forms of be available to all customers on the PDF form templates will be retired. electronic filing to provide flexibility myLTSA portal, likely early in 2020. The LTSA is committed to for future changes in technology and Subsequent phases will include processes. Over the coming months, making the transition to Web Filing the release of additional forms, with the LTSA will begin to introduce a successful one for its customers. all Web Filing forms expected to be Web Filing, increasing efficiency and To stay up-to-date on changes ready for use by Summer 2020. accuracy and maintaining a secure being introduced, please visit Throughout this period, the LTSA and reliable electronic filing system. LTSA.ca/web-filing. s will assist customers transitioning Built to minimize defects and from PDF forms to Web Filing forms Carlos MacDonald is the Director support future system capabilities, with how-to videos, articles, and of Land Titles for the Land Title Web Filing forms will eliminate the support from the LTSA’s customer and Survey Authority of BC.

54 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Editor’s Prefer Paperless? We will notify you by email when the magazine is posted ©iStockphoto.com/Poula Thorsen online, quarterly. Please email Summer 2019 | Volume 28 Number 2 Published Quarterly by The BC Notaries Association [email protected]. 27 years NEXT ISSUE Winter 2019 Wealth

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I want to express my appreciation for The Scrivener. The magazine exudes the highest quality, exactly what we as Notaries wish to portray to those with whom we interact. The topics covered in this first-rate publication are timely, informative, and very interesting. In the past as a Director on the Board, I was involved $ with the very early editions and Article Deadline have enjoyed seeing The Scrivener grow and flourish. As BC Notaries, November 1 we are very proud to give these Advertising Deadline excellent magazines to our clients November 15 . . . and people like to receive them! Every BC Notary should be To Send Photographs delighted to make The Scrivener to the Magazine available to clients and the allied Email your images to professionals in our communities. [email protected]. Best regards, Please send photos at the original Roy Cammack, size. Do not reduce or retouch. MBA, CPCA, is a BC Notary in Surrey/ [email protected] White Rock at Telephone: 604 681-4516 Cammack Hepner www.notaries.bc.ca/scrivener Notary Corporation

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 55 STRATA MATTERS

Elaine McCormack

Don’t Let Your CRT Case Go Up in Smoke – Marijuana Cases

he Civil Resolution The change in federal and …this article focuses provincial laws regarding ingesting, Tribunal (“CRT”) has on tips for being successful cultivating, and processing cannabis decided several cases are likely to result in CRT cases T at the CRT… dealing with other bylaw enforcement relating to smoking marijuana issues revolving around nuisance and and bylaw enforcement. language. For the purpose of this cannabis. Eventually, the CRT may be article, I choose to use the terms dealing with cases about the following. interchangeably. The legalization of marijuana in a. Indoor air quality Canada is likely to exacerbate tensions In some strata corporations, b. Safety of children and pets among residents in strata corporations the strata councils are addressing if cannabis is grown outdoors who will look to their strata council complaints about marijuana smoking to decide, through bylaw enforcement, interfering with other residents by c. The disposal of pesticides and which behaviours are acceptable enforcing the nuisance bylaws. the safety of individuals and in the complex and which are not. Other strata corporations have both the environment specific bylaws that prohibit smoking While the facts of the CRT cases d. Electrical and fire hazards altogether in the complex or limit it to reviewed in this article involve smoking certain areas and nuisance bylaws and e. Radiation hazards marijuana, this article focuses on tips the strata council must enforce both. from UV-emitting lamps for being successful at the CRT for any For that reason, many strata bylaw enforcement matter. Nuisance bylaws are “catch all” bylaws that address the unreasonable corporations have enacted bylaws Whether you are acting for the interference in a person’s right that address the growth and cultivation strata corporation or acting for yourself to enjoy a strata lot, the common of cannabis in a strata lot and as an owner or tenant, it is important property, or limited common property elsewhere in the complex. to follow the correct procedure to by another individual. For more information, you be successful at the CRT. Sometimes council members may wish to review the March It is also important to know that ask me for a definition of what a 2018 document from the National following the correct procedure is a “nuisance” is, perhaps hoping for Collaborating Centre for Environmental necessary but not a sufficient condition an exhaustive list of items that are Health entitled “Growing at Home: to be successful. In other words, the prohibited nuisances. Trying to define Health and Safety Concerns for facts or details of what happened nuisance by providing an exhaustive Personal Cannabis Cultivation.” matter to the tribunal, as well. list of behaviours would go against the http://www.ncceh.ca/documents/ Lawyers use the term “factual matrix” whole concept of a legal “nuisance.” evidence-review/growing-home- when they want to emphasize the facts health-and-safety-concerns-personal- A legal nuisance includes those in a case are detailed and important, cannabis-cultivation items that can be anticipated, and they often are in strata cases. including smoke in a strata complex I will go over some of the points I note that the term “marijuana” that impacts other residents, as well as made by CRT tribunal in two decisions is used by the CRT as opposed to those items that cannot be anticipated. that dealt with marijuana smoke and “cannabis,” the term commonly The categories of how we as human discuss some procedural requirements used in legislation. I expect the beings can interfere with one another, pointed out in those decisions. term marijuana is being used by the especially when we are sharing It is important to realize that CRT because its goal is to use plain common spaces, are never closed. CRT cases do not constitute binding

56 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 legal precedent, so tribunal members do not have to follow previous CRT The tribunal found the decisions. They often refer to them, strata council did not have however, and adopt the reasoning used in previous cases. pre-dispute knowledge…

A. Owner/Tenant Must Request The tribunal found the strata a Hearing Before Filing council did not have pre-dispute Complaint at CRT knowledge of at least some of the LLP MACKENZIE FUJISAWA LLP owner’s claims. The tribunal further Prior to an owner or tenant making found that the hearing requirement of BARRISTERS & SOLICITORS a request that the CRT resolve a section 189.1 of the Strata Property Act dispute, the owner or tenant must have was not met and it was not appropriate requested a strata council hearing, to waive the hearing requirement. Since unless the CRT finds that requirement the owner had not requested a hearing Proud to be serving does not apply. The requirement is before council, the dispute was not set out in section 189.1 of the Strata in the tribunal’s jurisdiction and must The Society, BC Notaries, Property Act. remain unresolved. In the case of Ball v. The Owners, and Their Clients with Strata Plan EPS 3286 Date Issued: The decision provides that the July 26, 2019 File ST-2018-008640, owner can file a fresh dispute after the CRT considered the relief sought meeting the requirements of section • Motor vehicle accident by an owner against the strata 189.1, subject to limitation periods. corporation. Since the owner was not successful, claims; there was no order for reimbursement Part of the CRT decision provides of tribunal fees. as follows. 12. The Dispute Notice and owner’s 1. Tip for Owners and Tenants • Real estate litigation; submissions set out several Except in exceptional circumstances, claims related to strata bylaws owners and tenants should ensure and his use of medical marijuana. they have requested a hearing before He seeks the following. council prior to filing a CRT Complaint. • Probate of estates; a. A declaration that the owner Also, although not specified in is not breaking any bylaws and/ the Strata Property Act, it is generally or that for medical reasons, reasonable for the owner or tenant • Estate litigation; he is permanently exempt from to wait the 4-week period for council applicable bylaws about smoking to hear the application and also wait and nuisance; 1 week for the decision as specified in b. A declaration that the strata section 34.1 of the Strata Property Act • Contract disputes. cannot remove him from his home prior to commencing CRT proceedings. due to medical marijuana use; 2. Tip for Council c. An order that the strata must disclose complaint letters it has If an owner or tenant commences received against him; a complaint at the CRT without having requested a hearing, the council . An order that the strata must d should consider contesting the claim conduct air-quality testing on on the basis that the owner has not four floors of the strata building; complied with section 189.1 of the e. $5000 in damages. Strata Property Act, as well as on any The strata corporation argued it other relevant basis. had not fined the owner or taken other QUANG T. BRIAN C. B. Tribunal Orders Owner to Cease enforcement procedures against him. DUONG POSTON The strata corporation also submitted Smoking on Common Property that the owner did not request and Limited Common Property a hearing before the council or inform but no Fines Awarded 1600 – 1095 West Pender Street council about his claims before filing In the case of The Owners, Strata Vancouver, BC V6E 2M6 the dispute with the CRT. Neither Plan BCS 2211 v. Bernard, 2019 Phone: (604) 689-3281 party requested that the CRT waive the BCCRT 796 Date Issued: July 3, 2019 Fax: (604) 685-6494 requirement for the owner to request File: ST-2018-008975, the tribunal www.macfuj.com a hearing. considered the following,

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 57 a. whether the owner should be and drinking occurring on the owner’s The owner advised that she did ordered to comply with the strata balcony and marijuana smoke coming not want to receive special treatment corporation’s bylaws; and from her strata lot and balcony. There but did not want to be treated were other complaints about the owner unfairly. The resident advised the b. whether the owner should be smoking in other prohibited locations. CRT that she intended to continue ordered to pay the $750 in fines The council from time to time advised to breach the bylaws. claimed by the strata corporation. the owner about the complaints. The The tribunal considered that the The strata corporation had bylaws council imposed fines and the owner owner admitted she smoked and drank that prohibited an owner, tenant, was advised of the fines. on common property and limited occupant, or visitor from using a strata common property, as prohibited by lot, common property, or common the bylaws. The tribunal found the assets in a way that caused a nuisance The owner admitted owner had the objectively reasonable or hazard or unreasonably interfered she smoked and drank expectation that the strata’s bylaws with the rights of others to use and would apply to all residents. enjoy the common property, common on her balcony but denied assets, or another strata lot. she did so during the times The tribunal took into account that there was no indication the strata The strata corporation also had cited in the complaints. had received complaints about the a bylaw that prohibited an owner, smoking activities of other residents. tenant, or occupant from smoking or The owner admitted she smoked As a result, the tribunal did not find consuming alcohol on limited common and drank on her balcony but denied the owner was treated in a significantly property or common property. she did so during the times cited in unfair manner. The tribunal ordered The smoking and alcohol bylaw was the complaints. The owner advised that the owner “…comply with the later changed to remove the reference the CRT that other residents smoked strata’s bylaws and, in particular, to to alcohol and to simply prohibit and drank on their balconies and immediately cease smoking on CP smoking on limited common property that some of the individuals doing so or LCP, including her balcony.” or common property. lived in close proximity to the person The fines were another matter. The strata corporation received a the owner suspected was making the The strata corporation had not followed number of complaints about smoking complaints about her. the procedure under section 135

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58 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 that requires the council to give the pay fines. There is no way of taking owner or tenant the particulars of the The CRT may find a “short cut” in the process. complaint and a reasonable opportunity that the council’s obligation In fact, bylaw enforcement often to answer the complaint, including a to enforce bylaws, times involves much more than hearing if requested, before imposing following the basic process under fines or otherwise enforcing the bylaws. particularly in nuisance section 135 as outlined in this case. The tribunal found that each matters, is complaint-based. In certain instances, council has complaint must be communicated an obligation to perform significant to the owner and she must be given investigations. are not subject to bylaw enforcement an opportunity to respond before proceedings, particularly if no Council may also have an a fine is imposed regarding that complaints have been made about obligation to consider how to complaint. The tribunal further found those other individuals. accommodate a resident with a the owner was not provided with a physical or mental disability, including reasonable opportunity to answer the The CRT may find that the exchanging information with the complaints and to request a hearing council’s obligation to enforce bylaws, resident and working with him or her before each fine was imposed. particularly in nuisance matters, is to explore proper accommodation. complaint-based. Owners and tenants As a result, the tribunal dismissed must realize the CRT considers all C. Conclusion the strata corporation’s claim for fines. the facts before making a decision. Councils and owners can look to the The owner was ordered to pay the Holding one card, such as the fact CRT decisions involving marijuana strata corporation’s tribunal fees and that some other residents may also smoking for basic guidance about how dispute-related expenses. be breaching the bylaws, usually does the CRT is likely to deal with bylaw 1. Tip for Owners and Tenants not make for a winning hand. enforcement matters. For legal advice 2. Tip for Council about a particular matter, a lawyer Owners and tenants will likely not should be consulted. s be successful defending themselves Councils need to follow the process at the CRT by pointing out to the under section 135 of the Strata Elaine McCormack is a lawyer, CRT that other individuals are also Property Act if they want the CRT mediator, and arbitrator with breaking Scrivenerthe same half page_environment.pdf bylaw they are 1 2019-03-11 and 9:29:42to AMorder that an owner or tenant will Wilson McCormack Law Group.

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Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 59 GUEST COLUMN: THE ASSOCIATION OF BC LAND SURVEYORS

Dave Swaile, BCLS, CLS

Life as an ABCLS Board Member and an LTSA Employee . . . So Many Hats!

Reprinted with permission from The Link magazine, published by the Association of BC Land Surveyors, August 2019.

e land surveyors like a subdivision application. a position around the Board table We maintain the confidentiality of speaking for the LTSA. are used to playing of our clients’ projects, while freely Certainly, I do have some sharing our boundary evidence with a few different roles specialized knowledge because W professional colleagues to get to the of my position that sometimes . . . “wearing different hats” . . . right boundary decision. brings additional context to Board from time to time. discussions, but I am in no way there to represent the LTSA’s interests. We impartially maintain the survey I am not an LTSA I try to be mindful of the various fabric of the province, while perhaps representative on the ABCLS discussions and consider whether taking a bit of an advocate role in Board; rather, I am a Board I should recuse myself or abstain representing our client on something member who happens to be from voting on items that could be perceived as a conflict with my an employee of the LTSA. position at the LTSA. All Board Liaisons to ABCLS In my 9 years with the LTSA, committees wear a unique hat: I’m tasked with wearing quite a We are nonvoting members responsible number of additional hats: Statutory for being the conduit for information decision-maker; agent for the Crown; to and from the Board. I’ve tended to sounding board and dispenser of be someone who likes to be an active advice to land surveyors and provincial participant in the discussions on staff; and LTSA Liaison to ABCLS committees, despite my Board Liaison committees, to name a few. role and nonvoting status. Other Board Now that I’m also on the members may choose to play more of ABCLS Board of Management, my an observer role on their committees, hat collection continues to grow. which is fine, too. I thought it might be interesting and I’ve just taken on the role of Board enlightening to write about the hats Liaison to the Continuing Professional worn by my Board colleagues and the Development Committee and look unique role in which I find myself. forward to supporting the great work I am not an LTSA representative that committee does. on the ABCLS Board; rather, I am I have a very unique—perhaps a Board member who happens to complicated—role on the Survey Rules be an employee of the LTSA. To me Committee (SRC). With the recent that is a very important distinction. introduction of the Survey and Plan My fellow Board members are very Rules and the corresponding Survey

60 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 position as Senior Deputy Surveyor We have not had a rule change General with the LTSA means that Despite my vast and growing request make its way to the Board I am a member of the committee but collection of hats, I find the since the new procedure came into I have no Board Liaison role to play; force, but I’ll have an interesting Mark Mason capably wears the Board involvement in both the LTSA decision to make when the first hat there. and the ABCLS board very one does. As a Board member who For those who don’t know, the rewarding and challenging, also plays a central role in the rule- change request process, I expect ABCLS is empowered under section although I do sometimes 75 of the Land Surveyors Act to make I will likely abstain from voting on rules (technical requirements) for wish I could trade in all the any Board decision for a rule change. surveys and plans that are filed in hats for a simple, well-worn I may sometimes need to consider, depending on the nature of the rule the Land Title Office or Crown Land ball cap and survey vest Registry. “The Survey and Plan Rules” change, whether I recuse myself from is the document maintained by the and just go cut line and turn the discussion completely. ABCLS that contains all the technical some angles. Despite my vast and growing requirements. Requests for changes collection of hats, I find the involvement to a rule may be submitted by any Deputy Surveyor General is to work in both the LTSA and the ABCLS member or stakeholder. with the Practice Advisory Manager board very rewarding and challenging, After due consideration by the at an early stage to gather and provide although I do sometimes wish I could SRC, referrals to affected stakeholders feedback as appropriate, depending trade in all the hats for a simple, well- and approval by the Board of on the nature of the rule change. worn ball cap and survey vest and just Management, an Order issued by the If the rule change is deemed by go cut line and turn some angles. s Surveyor General under section 75(3) the Practice Advisory Manager as of the Land Surveyors Act is required worthy to proceed to the committee, Dave Swaile, BCLS, CLS, to bring the rule into force. I am free to actively participate in is Senior Deputy Surveyor General Upon receipt of a rule change committee discussions but I do not with the Land Title and Survey request and long before it makes its speak on behalf of the Surveyor Authority of BC, and elected member way to the SRC, my first task as Senior General at the committee level. to the ABCLS Board of Management.

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Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 61 WILLS AND ESTATES

Trevor Todd Executors’ Remuneration: When Do They Get Nothing? credit: Matthew Chen Matthew credit: Photo

A. Executor is Fiduciary If the estate suffers any losses as …the Court must a result of the executor’s action or t is trite law that an estate be satisfied that the inaction, the executor is obliged executor/trustee has a to repay the estate, with interest. compensation claimed The interest is calculated pursuant Ifiduciary duty to act in the “bears some reasonable to the Court Order Interest Act, unless best interests of the estate relationship to the work and there is a finding that the executor has used estate monies for his or her and its beneficiaries. responsibility involved”… own benefit. In that circumstance, In that regard, whether a the executor may be required to pay professional or nonprofessional, That statutory provision will compound interest (see Waters’ Law an estate trustee must exercise the prevail unless a contrary statement of Trusts in Canada, 3rd Edition, standard of care employed by a person is contained in the Will. at paragraphs 1228 to1229). of ordinary prudence in managing his The law is clear, however, D. When The Executor Gets No Fees or her own affairs (Fales v. Canada that the percentages stipulated Where an executor’s compensation Permanent Trust Co. (1977) 2 SCR in section 88 of the Trustee Act 302 at paragraph 315). is reduced or denied, this is done not are not necessarily to be applied in for the purpose of imposing a penalty on An executor, being a fiduciary every calculation of remuneration. him or her for committing a breach of in relation to the beneficiaries, cannot The percentages provide a rough guide trust, but on the ground that he or she deal with the estate in a manner to assist in appropriate computation has not properly performed the services that is adverse to the interests of the of the executor’s remuneration. for which compensation is given. beneficiaries (Cowper-Smith v. Morgan In the end, the Court must be 2017 SCC 61 at paragraph 41). There are several examples satisfied that the compensation of situations found in the case law Throughout this article when claimed “bears some reasonable where the executor has been awarded I refer to executor remuneration, relationship to the work and no executor fees whatsoever. I also include fees for the dual role responsibility involved” (Re. La Chance of being trustee of the estate. (1955) 15 WWR 141 BCSC). 1. A Long-Running Botch-up B. Section 88 Trustee Act C. Factors to Consider In Re. The Estate of Lilian Lai Lien When Assessing Fees Lowe, 2002 BCSC 813, the executor In British Columbia, section 88 was a lawyer. After a hearing before of the Trustee Act governs executor’s As per Re. McColl Estate, (1967) 65 the registrar as to what fees she was remuneration. WWR 110 BCSC, the various factors entitled to for acting as executor, the An executor is entitled to to be considered when determining registrar recommended $500. the appropriate executor’s fee include (a) a maximum of 5 per cent On an appeal to the Supreme (a) the magnitude of the estate; of the gross aggregate value Court, the registrar’s decision was of the estate; (b) the care and responsibility reversed and the executor was denied (b) a maximum of 5 per cent involved; any fee. (c) the time occupied in the of the income earned during the The beneficiaries presented administration; administration of the estate; and an extensive list of criticisms that (c) an annual care and management (d) the skill and ability displayed; and demonstrated that the executor failed fee of 0.4 per cent of the average (e) the success (or lack thereof) to administer the assets of the estate market value of the assets. achieved in the administration. properly and in a timely manner.

62 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 The list included everything from raised what is often referred to, in an agreement for sale of land with unacceptable delays to an improper allegations of breach of fiduciary duty, the deceased. The agreement for sale accounting, refusing to produce as carrying with it the “stench of represented a significant estate asset. backup documentation, and ultimately dishonesty.” On the face of it, the executor’s charging the maximum 5 per cent fee The Court found the executor on top of her unacceptable conduct. dual capacity represented no conflict conducted himself secretively and of interest or any particular problem, The Court found that all the misleadingly, such as not providing so long as he simply made the criticisms were legitimate and that his sister with notice of his application payments specified by the agreement there was ample reason to apply a for probate and having no receipts for sale. At a fairly early stage, substantial reduction to the fee that or accounting records, so it was however, it became apparent that the executor claimed. The reduction impossible to conclude what funds it might be mutually advantageous was from the 5 per cent claimed to were used for his mother’s benefit and to commute the agreement for sale, 0 per cent. what funds were for his own use. which he did. The Court found that the executor That immediately raised the 2. None of Your Business had conducted himself contrary to his question of conflict of interest, given obligations as executor and trustee, In Robillard v Robillard Estate, 2015 it was in his personal interest to keep both before and after his mother’s BCSC 1417, the Court denied the the commuted payment as low as death, treating the deceased’s bank executor any fees. The Court found the possible, whereas it was his duty as account as substantially his own. executor had failed to administer his executor to obtain the best possible mother’s estate in accordance with the 3. Unresolved Conflict of Interest price for the estate asset. For nearly law and also failed to account, even In Valencia v. Yaghdjian, 1996 10 years, that problem and apparent testifying under cross-examination conflict of interest remained unresolved. that he felt his actions as executor of CanLII 8536 BCSC, the Court denied the estate were his personal business the executor any fee for gross dereliction The Court found the conflict and had nothing to do with anyone of duty over a period of 10 years. of interest that had been ongoing else. He refused to produce relevant The executor was an old friend for so many years was a gross documents during the course of of the deceased. He was also, jointly dereliction of duty to the extent that litigation and his conduct throughout with his wife, the purchaser under no executor fees were allowed.

It starts with collaboration Our communities are in our hands

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 63 4. Helping Yourself In Aragona v. Aragona, 2012 ONSC 1495, the Court was “shocked” by the conduct of the executor who had literally helped himself to many thousands of dollars from his mother’s estate, at a time when she had Alzheimer’s Disease and was unable to look after her own affairs. He treated the money in the estate as if it were his own. The Court denied him any compensation on the basis that as guardian of the property, he had adversely affected the estate. He had helped himself to large amounts of money and the investment account had been reduced to a fraction of its original size, with no convincing explanation. The Court followed the decision of Zimmerman v. McMichael Estate, 2010 ONSC 2947, where no compensation was awarded because significant amounts of money had disappeared from the estate without adequate explanation. E. Conclusion The amount of executor remuneration, unless specifically stated to be a certain amount in the Will, is subject to review by the Courts when a Proudly helping the BC legal community complete beneficiary demands that the executor pass his or her accounts. As previously discussed, executors sometimes have a sense of entitlement + both before and after death. In such situations, as well as others, there 150,000 are Court decisions as precedents real estate transactions every year where the executor is awarded no compensation. That will particularly be the case if the estate assets were endangered or suffered actual harm. Given an increasingly aging and wealthy population, the vulnerability of the elderly and incapable to the Powerful and ﬂexible conveyancing, greed of some executors and trustees designed by and for BC legal professionals will undoubtedly result in more judicial interpretation on the issue of remuneration of executors and trustees, including when it might be improper to award anything. s www.doprocess.com/prosuite Trevor Todd restricts his practice to estate litigation. He has practised law in Vancouver for 46 years.

64 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 MEDIATION

Lori Charvat WorkPeace: Conflict as a Catalyst for Transformation

he Challenge: View conflict as an to de-sensing and being absent, where we close off and shut down. Then we deceive ourselves and others opportunity to create better relationships until we reach destruction. What keeps us on this path and a better workplace. of destruction is a closed mind or willful ignorance, T a closed heart or greed, and closed will or fear. Maybe that sounds like a story of apple pie and Sound familiar? motherhood, but I have seen relationships transformed through mediation. Repeatedly. Connection The process of working through the mess of conflict can In contrast, the path to connection begins with seeing and provide insight about ourselves and a deeper understanding looking at the situation with fresh eyes. It requires curiosity and appreciation of the people with whom we work. and an open mind. It requires compassion all around. From seeing, we move along the U to sensing . . . that asks Theory U, developed by Otto Scharmer and colleagues us to be empathic and to be in the present. When we are at the Massachusetts Institute of Technology (MIT), offers fully present with the new information and insight about self a framework for approaching positive change and a useful and others, we can move upward along the path of the “U” way to look at conflict. trying new ways of interacting until we find improved ways to be in the relationship. The “U” refers to the visual We then ascend along construct of Scharmer’s the far side of the We might come up with commitments for how we will theory that asserts we make “U” where we can talk to each other or make promises to stop doing things sense of what is going on take conscious that are annoying or hurtful. We exercise our good will around us as we descend actions, rooted in toward each other. That enables us to co-create a new into the base of the “U,” what matters and chapter of the relationship. where we can become U the intentions we Theory U, Applied present with what matters. have for results. The next time you find yourself in a conflict or mediating the conflict of others, try on Theory U as an organizing According to Theory U, we humans have multiple daily framework for moving forward in a positive way. choices to make about how we move through the world, • Lead with curiosity to open your mind. alone or with others . . . choices that take us either along Ask what you can learn. a path of destruction or a path of connection. What new or different information can you take in? Of course, most of us never choose a path of What assumptions are you making? destruction, but we get there sometimes because of our • Flex your compassion muscle. habits of thought and action. The way to get on the path Allow compassion to eclipse judgment. of connection is to be mindful and intentional. Step into the “other’s” shoes. Let us look at those paths and the choices we can make • Have the courage to do things differently. in relation to conflict. Make an offer. Make a request. Destruction Try on a new way of being. s The path of destruction begins with denial. “Not me. Lori Charvat is an organizational development consultant, It’s all her fault. Fake news!” From denial, we move mediator, and leadership coach.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 65 HISTORY OF BC

Ron Hyde

Major James Skitt Matthews: The Man Who Saved Vancouver’s History

ames Skitt Matthews At age 20, he sailed to North America, One day the Hastings Sawmill called arriving in San Francisco. Moving north to enquire if the station had gasoline (mother’s maiden name along the west coast, he stayed briefly that could be used in automobiles. was Skitt) was born in in Tacoma, Seattle, and Victoria where The office boy replied they had J he met his future wife Valentia Maud three kinds of gasoline: Baume for Wales on September 7, 1878, Bascawen. cleaning ladies’ gloves; deodorized and moved with his family After their marriage, they moved stove gasoline used in plumber’s firepots for heating soldering irons, at an early age to Auckland, to Vancouver and fell in love with the city. In 1899 Matthews began and Benzine used in salmon canneries New Zealand. his 20-year career with Imperial Oil, for dissolving lacquer and to prevent working as a clerk, travelling salesman, the cans from rusting. After graduating from grammar and manager of various aspects of A 4-gallon can of Baume gasoline school, he worked as a timber clerk. their provincial operation. was sent to John Hendry, manager of the mill, the first gasoline ever sold in British Columbia for motor car use. After their marriage, In 1900 the Matthews family they moved to Vancouver doubled with the arrival of twin and fell in love with the city. boys James and Herbert and a year later, their third son Hugh was born. Matthews fell ill with typhoid fever Imperial Oil, British Columbia’s in 1902 and spent 3 months in first oil company, opened Canada’s Vancouver General Hospital. first gasoline station in Vancouver in 19 07. During his stay, he met the woman who would later become his second A strange-looking vehicle called an wife. In 1911 he built his family home automobile had arrived in Vancouver. at 1343 Maple Street, just north of Cornwall Street. CVA 389-217 CVA Young James Matthews, Canada's first service station Major Matthews’ home circa 1888 234 Smythe Street at Cambie, Vancouver 1343 Maple Street, Vancouver

66 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 After his recovery, his work with Unfortunately Hugh was killed at work Imperial Oil took him out of town as in an elevator accident 2 years later. did his involvement with the Duke Matthews closed the towing business of Connaught’s Own Rifles that he in 1924 and briefly managed Canadian had joined in 1903 as a Private. Western Cordage before retiring. An Officer with DCOR described him Major Matthews maintained his as a holy terror. Matthews was later association with the B.C. Regiment commissioned and served on militia and devoted himself to collecting duty in 1913 during the miners’ strike and recording Vancouver’s history. in Nanaimo, BC. He also served as the Director of the Arts, Historical and Scientific Canadian soldiers in the trenches in France Society, predecessor to the Vancouver City Museum. He was a natural-born collector, acquiring pieces of history His development his whole life. of the Fire Cubes For 4 decades he collected and was used by the catalogued artifacts, interviewed early British Army and resulted Vancouverites, solicited donations in an invitation for tea of papers and photographs, wrote historical narratives, and compiled at Windsor Castle. 40 publications related to Vancouver’s history. As his collections grew, he developed his own cataloguing Returning to Vancouver in systems for the more than 500,000 1918, Matthews was greeted by an photographs and hundreds of civic estranged wife. Prior to their divorce, records and personal papers. he persuaded Maud to accompany him on a tour for the Federal Government Every available space in his promoting the sale of Victory Bonds. Kitsilano home was filled with City Two years later, he married his second memorabilia and photographs. wife Emily Eliza Edwardes, his nurse He finally obtained some space in Major James Skitt Matthews 20 years earlier at the Vancouver the attic of the old City Hall, a room General Hospital. referred to as The Deserted Chamber. When war broke out, the 4th Canadian Infantry Division was formed For many years, Matthews and in 1916. Matthews volunteered for the Library Board argued over the overseas service, was transferred to ownership and organization of his the 102nd Battalion, and served in collections of documents. Europe from February 1916 to May 1918 as Company Commander in the rank of Major. He became something of a hero, leading the first and second waves of a trench attack near Ypres. Recovering from war wounds in a London Hospital, Matthews came up with the idea of compressing sawdust and paraffin wax into walnut-sized pellets that when ignited generated enough heat to boil a quart of water; he called them “Fire Cubes.” The Army’s Commander-in- Chief Earl Haig ordered Matthews to make enough Fire Cubes to supply one army to test in the trenches. 1918 Federal Government His development of the Fire Cubes Victory Bond Poster

was used by the British Army and After the war, Matthews began his PuP56 Leonard Frank Photo CVA resulted in an invitation for tea at own business with his young son Hugh Early City Hall Windsor Castle. as a scow owner and tug operator. in Holden Block (1936)

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 67 The City took the position that their Emily Eliza Edwardes recognition of the archives in 1932 Emily Eliza Edwardes was a and Matthew’s honorarium of $30 a 1902 graduate of the Vancouver month gave ownership of the materials General Hospital. She served as to the City. Matthews disagreed and a nursing sister in England during his collection moved to his home. After World War I and was mentioned in weeks of wrangling, Matthews was dispatches for her services. Prior appointed the City Archivist and he to her marriage in 1920, she had her moved the collections back to City Hall. own business as a nurse therapist. The City Archives grew with Following her marriage to the donations from families and Major Matthews, she assisted organizations in Vancouver, along and supported him in collecting, with Matthew’s own collection and cataloguing, and preserving his transcriptions of the countless Vancouver documents, memorabilia, interviews with native leaders and and artifacts of Vancouver, the start European settlers. of the City’s Archival collection. As a result of his tireless work over After a battle with breast the years, Vancouver was the first city cancer, Emily Matthews passed in Canada to construct a Municipal away in 1948 at age 73. Archives centre in a beautiful semi- Major Matthews designed and submerged building in Vanier Park. commissioned a stained glass Major Matthews passed away in 1970 window in her memory for Christ at age 92 and the Archives were Church Cathedral, where her funeral named in his honour. took place. The Nurse Window, The Archives are now part of the completed in 1950, stands as a City Clerk’s Department and contain tribute to nursing in Vancouver original records of the City since 1886 and a vibrant memorial to Emily’s along with papers and photographs passion for caregiving. Matthews’ donated over the years by individuals, design shows the top of the organizations, and prominent families. window with the crest of the Royal It is a treasure trove for those Canadian Army Medical Corps. At researching architecture, genealogy, the bottom left is the family crest of neighbourhoods, and social issues. Major Matthews and at the bottom right is the crest of the Vancouver General Hospital.

The new Vancouver Archives in Vanier Park Major James Skitt Matthews • Awarded Freedom of the City in 1954 • Kitsilano Citizen of the Year July 1959 • Named Vancouver’s Good Citizen for 1957 by Native Sons of B.C. Post 2

• Vancouver City Archives The Nurse Window, Bust of Emily Matthews named after him Christ Church Cathedral at City of Vancouver Archives

68 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 The City of Vancouver George E.H. Cadman, Q.C.* Archives acknowledges 604 647 4123 | [email protected] Emily as a co-founder and features a large With over 30 years’ experience, George bronze bust in her image, makes the complex simple to resolve along with her husband. your real estate or corporate disputes.

The City of Vancouver Archives *Member of the Notaries Public Board of Examiners acknowledges Emily as a co-founder and features a large bronze bust in Uniquely West Coast™ her image, along with her husband. This 21-inch bronze head of Nursing Sister Emily Eliza Edwardes Matthews, by British Sculptor Sydney March, honours her as co-founder, with her husband Major James S. Matthews of the City Archives of Vancouver. RESOURCES Mercedes Wong, CRE CCIM FRI RI https://bcbooklook.com Mercedes Wong Personal Real Estate Corporation http://vancouver.ca/your-government/ Vice President of International Development major-matthews-early-vancouver.aspx C: 604-808-2571 “I have moved 829 Cambie Street O: 778-317-5113 http://www. to a new Vancouver, BC V6B 2P4 E: [email protected] vancouverheritagefoundation.org/place- company.” that-matters/major-matthews-house/ www.mercedeswong.com F: 1-855-663-6653 http://pwp.vpl.ca/literarylandmarks/ listing/major-matthews/ https://cahn-achn.ca/wp-content/ uploads/2009/11/6-Tour-PDF-Nursing- History-Guide-for- CAHN-Conference- Final.pdf http://www. vancouverheritagefoundation.org/ place-that-matters/first-gas-station-in- canada/ http://www.vancouverhistory.ca/ archives_major_matthews.htm It’s simple and profound to see a smile on http://freemasonry.bcy.ca/biography/ an elderly face that moments before was looking sad. matthews_j/matthews_j.html Every day the Eldercare Foundation, with https://en.wikipedia.org/wiki/J._S._ your help, brings smiles with small things like music therapy and art programs and big Matthews things like specialty equipment to restore Swift & Strong; A Pictorial History of mobility and independence. Please donate today and ensure our elderly The British Columbia Regiment (Duke are treated with the respect they deserve. of Connaught’s Own) Published by The British Columbia Regiment (Duke of Connaught’s Own) Museum Society Please give generously. https://vghnursingschoolalumnae. Without you the smiles fade quickly. com/wp-content/uploads/2017/11/ VGH-Newsletter-17-pages-no-contact- 250-370-5664 gvef.org copy-1.pdf s 1454 Hillside Ave, Ron Hyde is a historical writer Victoria, BC V8T 2B7 with the BC Historical Federation.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS ECF • Bring Smiles Back 69 Scrivener Magazine 4.9”w x 4.75”h CMYK prepared by Art Department Design 250 381-4290 Created: October 2017 THE PROFESSION OF PLANNING

Michael Geller

World Town Planning Day November 8 and the Role of the Town Planner At UniverCity on Burnaby Mountain, Michael Geller and a team of planners have planned an entire new community.

eople are often uncertain developers, property owners, and Official Community Plans and zoning engineering firms, and there are city or bylaws and other relevant legislation, when asked about the urban planners employed by the public sustainability, traffic congestion, role of a town planner. sector, for example, federal, provincial, air pollution, neighbourhood crime, P and local governments, and myriad and land values. That may be since among public agencies and institutions. The importance of the urban the approximately 7000 planning planner has been increasing professionals across Canada— throughout the 21st century, especially of which approximately 1400 Since 1949, World Town in many parts of British Columbia are in British Columbia, there is Planning Day has as we begin to face increased considerable variety. focused on the progress population growth, climate change, On November 8, planners of community planning across and other impacts of unsustainable in 30 countries around the world development. Consequently, celebrate World Town Planning Day. Canada and four continents. an urban planner can no longer be It is a day to recognize the importance considered a white collar or blue collar of community planning, an oftentimes Many planners focus on what professional; he or she is becoming contentious discipline that brings is called current land-use planning. a “green collar” professional. together professional planners, They are the people we see at public builders and developers, politicians, Professional Planners in British information meetings or standing Columbia are members of the special interest groups, and the before City Council. Other planners general public. Planning Institute of British Columbia tend to specialize in long-term land- (PIBC) that has been dedicated to Since 1949, World Town Planning use planning, regional planning, urban the advancement of the planning Day has focused on the progress design, and transportation planning. profession for more than 50 years. of community planning across Canada Increasingly, planners are Fully qualified Professional or and four continents. It highlights the specializing in heritage preservation, Certified members of PIBC have the valuable contributions planners have environmental planning, parks and exclusive right and privilege to utilize made to the quality of the human recreation, resource management, the professional title “Registered environment and provides recognition and economic development. In recent Professional Planner” and “RPP” of the ideals of community planning years, housing planners have become designation in British Columbia. among the profession and the general a particularly busy group. public world-wide. They may also use the designation In developing a plan for a particular “MCIP” to indicate their professional So, what is a planner? property, neighbourhood, or community, status nationally with the Canadian There are city or urban planners urban planners must take into account Institute of Planners. Those who have hired by the private sector, such as a wide array of considerations including made an exceptional contribution are

70 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 As a planner, working with the community and city planners, Michael Geller spent 5 years transforming a former BC Packers property in Vancouver into Deering Island, where many homes Public spaces, like the new town square at UniverCity have private boat moorage. on Burnaby Mountain, can foster healthier communities. honoured with the designation Fellow neighbourhoods are more likely to be of the Canadian Institute of Planners To find out how healthy your healthier. To find out how healthy your o r “FCIP.” neighbourhood is, check its neighbourhood is, check its walkability index at http://www.walkscore.com/. Professional planners throughout walkability index at British Columbia, especially in the • The third area is community Lower Mainland, are faced with http://www.walkscore.com/. health. As revealed by recent challenges due in large part to our Vancouver Foundation surveys, constricted land supply and high • The second area relates to despite the increased density desirability as a place to live and work. physical health. While many of new developments, there people might question what Looking to the future, I see appears to be a growing sense planning has to do with health, three areas where there is a need for of disconnection and isolation it is worth noting that the initial concerted efforts by planners, working among residents of many Lower purpose of zoning was to protect closely with other professionals, Mainland neighbourhoods. health by separating noxious and governments, and the public. Good planning can help address residential uses. Today, that is not that by creating welcoming spaces • The first relates to housing really a challenge. where people want to congregate. affordability. The fact is, our Research by UBC’s Dr. Lawrence housing supply is not keeping In some cases, that may be Frank and others has, however, up with demand and, too often, parks or a major public square. revealed that the planning of a the types of housing being built In others, it might be a well- neighbourhood can have a direct are too expensive for first-time designed communal garden or bearing on the physical health of its buyers. Much is reported about community space within a rental residents. Children who can bike or the need for density. While or condominium development. walk to school are less likely to be many question whether more obese than those who must be driven. On World Planning Day, British density will necessarily lead to Columbia’s planners share their more affordability, there is a Similarly, adults living in successes and challenges with consensus among planners that dense, walkable, and complete planners around the world through it is extremely difficult to have online conferencing. While many affordability without density. BC residents may question whether our planners have been doing a good job, internationally BC’s planners are highly regarded for the quality of our urban and rural planning. While there is much more to be done, that is something worth celebrating. s Professional planners sometimes get the opportunity to plan entire new Michael Geller, Architect, AIBC, FCIP, communities. Michael Geller is working RPP, MLAI, is a 30-year member with numerous planners on the completion of the Furry Creek community along the of the PIBC and Fellow of the ASAPLA~2 Sea-to-Sky Corridor. Canadian Institute of Planners.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 71 LEADERSHIP

Carla Rieger

How to Develop Agile Leadership Skills ©iStockphoto.com/Mykyta Dolmatov Are You an Agile Leader? is practised regularly, the brain a new concept into a small, quick will develop new neuropathways in habit and testing it to ensure it works gile leaders are what 21 to 66 days; the habit becomes in the real world, people will do it and we call Artists of default. For example, when you first get excellent results. started driving a car, your learning Here’s an example of turning the Change. They can adapt curve was slow. You had to pay A concept of being “vision-oriented” conscious attention to every move. and innovate quickly and easily. into an actionable small skill. We all Now it’s default; it’s gone into your have issues, many of them, every day. Most people in leadership subconscious. You are able to drive, The way you approach your issues can roles are the opposite. They stay talk hands-free on the phone, and make or break your agility, resiliency, problem-focused and can’t think even drink coffee. and innovation. Just for fun, think about of solutions beyond what’s been an issue that you loop-on lately . . . tried before. That’s why Agile one that greets you when you awaken. Leaders are becoming more and For example, when you We all have at least one of those. more indispensable in business. The good news is you can install first started driving a car, In all our studies, we found Agile Leadership habits into your your learning curve agile leaders could not only name daily life fairly easily to make a HUGE was slow. You had to their issue, they could name their difference to your success and those ideal outcome. In addition, the ideal you serve. pay conscious attention outcome was something they had to every move. Now it’s Retrain Your Mind. control over; they would focus on it default; it’s gone over and over again, even in the face A lack of agility is normal. The of obstacles. mind has a strong bias for resisting into your subconscious. change and seeing the world from a Nonagile leaders focused only mainly negative perspective. Through on the issue. They thought of what changing small habits of mind, you Transforming Concepts was not working and what they did not can retrain the way your mind operates into Actionable Small Skills like. You probably know people like that who just want to talk about the under pressure, much like an athlete Most leadership skills are taught in problem; it’s hard to get them to talk trains body and mind to perform well only conceptual and often complicated about what they want instead. under pressure. ways. Often, people don’t actually According to the latest research implement anything so they don’t see Suppose your issue is, “I feel in neuroscience, if the retraining results. On the other hand, by turning overwhelmed by the amount of email

72 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 I have to manage.” Write out, as your ideal outcome, “I somehow find a way By helping your clients to manage email well this week.” include a gift in their Will, You need to create a specific ideal you are improving the outcome using the words “I somehow” future of health care. or “we somehow.” You don’t know yet how you will be successful, but you Please contact Yolanda Bouwman for have identified your direction, written more information. it down, and now your subconscious surreyhospitalfoundation.com/legacy mind will get to work to create that 604-588-3371 outcome for you. If NOT given that direction, your subconscious will create more of the XXX-XXXX-XXXX problem. • What you focus on grows. • Developing small, new successful habits can dramatically lessen your sense of overwhelm.

The CEO who Spent All His Time Solving Other People’s Problems I worked with the CEO of a company who spent his entire workday putting out fires and helping other people solve their problems. He couldn’t focus at all on any of his big, important tasks. He tried the following activity with his staff. “Before you come to me with an issue, you must have the ideal outcome written out on paper.” What do you think happened? Because of the new action, far fewer people came to him with issues; they created ideal outcomes and came up with their own solutions. That problem- TheWESA solving method is very, very popular changed. Trevor Todd is an old hat (and trusted and works amazingly well. Now the CEO has a lot more time to do other And it's a expert) at estate litigation who believes things in his business day. sweeping the new law is a game-changer- for Remember that conceptual change. his business and foryour inheritance. understanding will not change Call Trevor to get a jumpstart on your behaviour. You need to take the changes. He knows them inside action to retrain your subconscious a lot. neuropathways over time. and out. Plus he loves to listen and to talk- Like training wheels on a bike, practice helps people make default changes in the way they think. Eventually, they will make adjustments easily and automatically. s Carla Rieger is a motivational speaker, author, and coach who activates team leaders and businessowners to speak with power and passion to build a positive team culture.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 73 TAXES

Michael Geller

So-Called Empty Homes Tax and Speculation and Vacancy Tax. Do you know the difference?

n the Summer 2019 edition I don’t think you should expect In mid-September, BC Finance those taxes to significantly increase Minister Carole James held a press of The Scrivener, BC Notary the supply of affordable rental housing conference to report on the first year Andrea Agnoloni, CPA, CGA, in Vancouver or elsewhere in the of the Speculation and Vacancy Tax. I province but they can impact the She said it is working as intended. provided an excellent overview conveyancing of a residential property. Why? of the many taxes that impact Let me explain why. The Government has collected the purchase, sale, and holding $115 million from the tax so far of real estate properties. While James kept referring and is forecasting revenue of to those paying the tax as $185 million in 2019/2020 that Those include the Goods and is earmarked for affordable housing Services Tax (GST) that is payable speculators, there is not initiatives. A total of 11,783 on newly constructed properties; really any proof of that. homeowners are paying the tax. the Property Transfer Tax that applies Of those paying the tax, according to both new and resale transactions; to James, few are BC residents. property taxes that are generally paid Speculation and Vacancy Tax Only 0.2 per cent of British Columbia annually to the municipality where the According to SFU Assistant Professor residents are paying the tax. property is located; school taxes, the Josh Gordon, who along with UBC While James kept referring to those Foreign Buyers Tax initially brought professor Tom Davidoff claim to be the paying the tax as speculators, there in by the Liberal government but “architects” of this new provincial tax, is not really any proof of that. From increased by the NDP; and some its primary purpose has been missed my experience, many of those paying new taxes brought in by the City in the media and disregarded by critics. the tax are second-home owners. of Vancouver and the current BC So what is its main purpose? Faced with the cumulative impact Government. To tax “millionaire” satellite of this tax, along with the EHT for The latter include the so-called households whose owners are living those living in Vancouver, and in some Empty Homes Tax (EHT) that applies in British Columbia, whose income cases the Additional School Tax, these to properties within the City of is earned abroad, and who are dodging second-home owners are now seriously Vancouver; the so-called Additional their income tax responsibilities, considering selling their properties to School Tax; and the so-called BC regardless of whether or not their other owners-occupiers and possibly Speculation and Vacancy Tax that property is vacant. renting a property themselves. If they applies to “vacant” properties in So, despite its name, according to do, they most certainly will not be many parts of the province. Gordon, the Speculation and Vacancy freeing up rental properties. The stated purpose of both the Tax is not intended to catch real estate At her press conference, James Empty Homes Tax and Speculation speculators or to turn empty homes credited the tax with helping to reduce and Vacancy Tax is to encourage into rental accommodation. Rather, home prices across Metro Vancouver owners of empty dwellings (if they are it is to collect money from households by 8 per cent. Unfortunately, she empty, they cannot be homes) to rent that are not paying their fair share of could not provide any data to back out their properties. income tax. Yes, income tax. that up. Similarly, she could not

74 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 provide any data on how many homes rent their homes, they are not going or other form of very short-term have been rented out. Maybe next to be affordable rentals. accommodation that is generally year, she said. So how many properties did return no longer allowed in Vancouver. Vancouver’s Empty Homes Tax to the rental market? According to a While many people caught in this City staff report, a significant number situation have been urging the City to The EHT was the first tax of its kind of formerly vacant units returned to make changes to this tax to exclude in North America. Introduced in the rental stock. legitimate second-home owners, since November 2016, it is an annual tax on their homes are not empty, instead empty and “underutilized” residential How many? the City made only a few minor bylaw properties in the City of Vancouver. One hundred seventeen. Yes, 117. amendments for the 2019 tax year. Dwellings or land, yes land, deemed to be empty or vacant, are subject As an aside, while much fanfare to a tax of 1 per cent of the property’s According to a City staff is given to how much money is being assessed taxable value. report, a significant number collected by those taxes, we are rarely told how much the programs are The EHT has now been applied of formerly vacant units costing to administer. annually since January 1, 2017. returned to the rental stock. Most residential properties are not People should be aware of subject to the tax, including principal How many? a fundamental difference between residences or properties rented out the provincial and city “vacancy” for at least 6 months of the year or While I and many others can taxes. The provincial Speculation homes eligible for 1 of 8 exemptions understand why the City would and Vacancy Tax is levied on individual as set out in the bylaw. want to encourage owners of empty property owners as opposed to the EHT apartments and houses to rent them that is a tax on the actual property. As previously stated, the goal out, one of my major concerns with For that reason, when buying or of the EHT was to return empty or the EHT is it applies to many people selling a property in Vancouver, you underutilized properties to use as just because they are fortunate should be very careful to ensure there long-term rental homes for people who enough to own second homes in is no outstanding EHT payable or likely live and work in Vancouver. All net Vancouver. They include wealthy to be payable. That can be difficult revenues raised from the tax would be Americans who live in the city since the City can audit a property used only for the purposes of initiatives for 3 months during the summer even after it has been sold. respecting affordable housing. or Albertans whose children are Depending on when the sale When this tax was first proposed, studying at UBC and want to keep occurs, the purchaser should therefore we were led to believe there were a small apartment downtown for include language in the purchase anywhere between 10,000 to 25,000 when they visit. and sale agreement requiring empty homes that could be brought They also include the Sunshine the vendor to submit the EHT into the rental market. According Coast doctor who volunteers in declaration . . . or obtain evidence to the city, the number of homes Vancouver and the midwife who lives the declaration has been submitted declared vacant, without valid reason, on Saltspring Island but keeps a small and that no outstanding EHT is or was 1085 in 2017 and 922 in condo in Vancouver for when she’s may be payable. s 2018—525 properties were declared working. vacant for both years. My concern is that their properties Michael Geller is a Vancouver architect, The City expected to receive are not empty. They are fully furnished planner, developer, and adjunct $38 million from the vacant homes that are lived in, albeit for professor at Simon Fraser University properties. That equates to an average less than 6 months a year. In most with a longstanding interest in housing of $41,215 that equates to an average instances, it is not feasible to rent affordability. He has been critical of the $4.1 million in property. Even if those them out when the homeowner is city and provincial vacancy taxes since property owners could be forced to away, except perhaps as an AirBNB their inception. ©iStockphoto.com/mfron

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 75 TECHNOLOGY

Akash Sablok

Fall Tech Thorne Jaslyn credit: Photo

©iStockphoto.com/RAPEEPON BOONSONGSUWAN TCL 65" CLASS 6-SERIES 4K Ultra HD There have been a few modifications to the panel itself, ROKU SMART LED TV - 65R617-CA with increased contrast control zones from 72 to 96 on the 55-inch models, upward of 120 on the 65-inch have always wanted a fish tank in my version of the TVs, with the 75-inch edition topping out office. There’s something so soothing about at 160 contrast control zones. watching colourful fish swim around without The TV features high dynamic range (HDR) technology I with a 120Hz CMI effective refresh rate. What that means a care in the world. is greatly reduced blurring of fast-moving objects . . . like hockey pucks and golf balls. A simpler way to enjoy those tetras and guppies is on the screensaver of a 65-inch 4K Ultra HD TV, such as the TCL’s iPQ Engine (the unit that powers the whole TCL 65R617-CA. system) and HDR Pro Gamma ensure that colours are precise and details remain visible in any For 2019, TCL P6-Series offers environment, from a new 75-inch version, adding to the The TV features the darkest home previously available 55- and high dynamic range (HDR) theatre to the 65-inch variations. brightest sunlit technology… living rooms. Of course, the advantage of living in the Lower Mainland of BC is that beautiful raindrops usually block out the big round yellow thing in the sky. An image is only as good as the source, but with Smart 4K Upscaling, the 65R617-CA can actually improve clarity and sharpness of lower- resolution video sources. A unique machine-learning process corrects the errors commonly introduced in less advanced two-dimensional resolution enhancement technologies. TCL incorporates one of my favourite sources, the Roku TV service. Roku TV gives you access to over 500,000 movies, TV episodes, cable box, and even your gaming console with a simple interface.

76 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 The TV comes standard with a smart remote that includes a microphone for voice search built right into it. I found myself using the voice control 10 to 1 over typing Help kids on tiny little buttons. Searching like Ella using your vocal chords is so much more fun and about a hundred times start her easier. You can find movie titles, launch or change channels, and even fifth cycle switch inputs, all with your voice. of chemo. The 6-Series can stand on the included two metal v-shaped legs, with rubber padding on the bottom A Will to prevent slippage or mounted on a wall with the standard 400 x 200 can help VESA mount. If the unit does sit on do that. a stand, it won’t take up much space. The TV itself is only 3.1 inches deep (11.8 inches deep with the stand), 36 inches tall, and 57.3 inches wide. It’s a relative lightweight at 18.05kg (39.7lbs). Discover how you can help While the fun stuff is in the front, you’ll be pleased to clients leave a legacy. know TCL has provided three 604.875.3679 bcchf.ca/advisor HDMI 2.0 ports with HDCP 2.2, one with HDMI ARC, one USB 2.0 port, a 3.5 mm headphone jack and Digital Optical-In, and an AV In port (standard composite Red- White-Yellow RCA) input . . . perfect Seeking to Add to Your Business Career? for my Atari 2600 gaming system, hello 1980. You can go wireless as well, with the built-in high-speed 802.11ac wireless networking. Content can be streamed through the Roku TV, cable, or satellite subscription or use the built-in tuner to enjoy free over-the- air channels. And if you wish to ditch the remote, a smartphone/tablet app gives you full control. You can even There are business opportunities for Notaries plug in headphones on your device in various communities throughout British Columbia. for private listening. I call that the marriage-saver option. Some of the Requisites for Becoming a BC Notary • 5 years’ related experience • Undergrad degree: 3.0 GPA Roku TV offers an aquarium • Strong entrepreneurial and people skills • Fluency in English; other languages as a screen saver. Love it. • Highest degree of honesty and integrity an asset www.tclcanada.com • Dedication to serving the public • Financial stability $1249 s For more information, please contact The Society of Notaries Public of BC Akash Sablok is now a Life Member 1-800-663-0343 of the Board of Directors. He served or visit our website, www.notaries.bc.ca. as President of The Society from 2013 to 2015 and Chair of The Notary BC NOTARIES ARE RESPECTED IN THEIR COMMUNITIES. Foundation from 2015 to 2017.

Volume 28 Number 3 Fall 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 77 HONOURS AND EVENTS PEOPLE

Congratulations to On July 16, John Kenneth Dearden Robert Lapper, QC, 2019, Noel Martin June 14, 1923 – September 1, 2019 on his appointment passed away as the new Lam Chair Predeceased by his at the Jubilee of the David and loving wife Ruby of Hospital in Dorothy Lam Chair 65 years, eldest son Victoria at age 97. in Law and Public Bruce, and siblings Policy with the Faculty of Law and Alec and Irene, One of the the Faculty of Human and Social Ken is survived by few remaining Development at UVic. WWII veterans, sons Don (Mary) he was very proud of his service to and Greg (Suann), grandchildren A senior public law lawyer with his country. He became a BC Notary Rochelle, Matthew, Tyler, Kara, an extensive background in public Public in 1973 and operated in Nick, and Ryan, and many nieces policy, professional regulation and private practice until his retirement and nephews. Born and raised governance, aboriginal law, and in 1987. He was proud to be an in New Westminster, after high negotiations with First Nations, he alumni of UBC and also obtained his school he worked in a New West is a graduate of the University of RI(BC) and FRI. firm providing general insurance, Victoria Faculty of Law (LLB, 1981), accounting, and land registry and has a Bachelor of Arts (Honours, From his obituary: “Dad, we searches and registrations. In Political Science, 1978) also from the will all miss your kindness, your 1941 he enlisted in the RCAF, University of Victoria. sense of humour, your wit, your earned his wings, and continued storytelling, your sense of empathy flying for some years after his for your fellow man, your love discharge in 1945. He returned Where in the World of animals, your puns, and your to the same firm in New West and approach to life, always looking became a Notary Public in 1962. Has The Scrivener Been? for the best in each person and He retired in 1989. He and Ruby situation.” Noel will be remembered travelled and enjoyed time at with love by his daughters, their cabin near Mount Baker grandchildren, family, and friends. with family and friends. Says son Kathie Black of Salvador Davis Don, “We will never forget his Notaries in Sidney interviewed Noel humour, infectious laugh, sense in the Fall 2006 Scrivener. of duty, love of family, and all See www.notaries.bc.ca/ things hockey. Ken was involved scrivener or write to in Coquitlam minor league [email protected]. baseball for over 20 years. Noreen and El Fedewich and The Scrivener at the 100th anniversary of Rocky Ford, AB

Retired BC Notary Esther Chiu visiting the Land Title Office at Singaraja, Entrance to the Land Title Office Trevor Todd and The Scrivener in Northern Bali in Singaraja, Northern Bali in Windhoek, Namibia

78 TABLE OF CONTENTS BC Notaries Association Volume 28 Number 3 Fall 2019 Creative Adaptable Analytical

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