Winter 2020 | Volume 29 Number 4

Published Quarterly by the BC Notaries Association

29 years

Al-Karim Kara, President and CEO of the Land Title and Survey Authority of British Columbia

inside: Communicating and New Year’s Resolutions

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THEME: Communicating and New Year’s Resolutions COVER STORY Communicating: A Fine Art 30 Mary-Ann Mustonen-Hinds A Message from Al-Karim Kara Communicating Through the Power of Music 32 Peter and Anne-Marie Brimacombe NEW PRESIDENT AND CEO OF THE LAND TITLE The Arts Help Vulnerable Women AND SURVEY AUTHORITY and Child Clients Process Trauma 35 OF BRITISH COLUMBIA 6 Karen McCluskey VICE PRESIDENT, BC NOTARIES ASSOCIATION 6 New Year’s Resolutions Welcome 2021! 7 for Better Digital Communications 36 Morrie Baillie Jean Beale CEO, BC NOTARIES ASSOCIATION The Language of Music 37 New Year . . . New Strategic Priorities! 8 Ambur Braid Chad Rintoul KEYNOTE “Quotes and Misquotes” 38 Personal Communicating 9 Peter Zablud, AM, RFD Val Wilson COMMUNICATING ABOUT TAXES The CRA and Your Taxes 42 Out of Touch 10 Andréa Agnoloni Filip de Sagher Age, Disability, and Dementia-Friendly Communication 45 Every Conversation Counts Sara Pon The Secret to Every Great Presentation 12 NEW YEAR’S RESOLUTIONS Riaz Meghji Financial 48 Assess the Quality of Your Communicating 13 Peter Dolezal Rhonda Latreille New Year’s Resolutions 49 Veracity: The Quality of Communication 14 Resolutions for a Greener 2021. Nigel Atkin Dreaming of a Greener Future? 50 NEW CANADIAN BOOK Stephanie Butler Restoring Democracy in an Age of Populism and Pestilence 15 Transform the Family Justice System A New Year’s Resolution 52 Zoom 101 17 Jane Morley, QC Morrie Baillie Meat and Potatoes Communicating 18 The Scrivener: What’s in a Name? Garry Gracey and Jacek Januszewski “A professional penman, a copyist, a scribe . . . a Notary.” Managing Grief 20 Thus the Oxford English Dictionary describes a scrivener, Beverly Carter the craftsman charged with ensuring that the written affairs Storytelling 23 of others flow smoothly, seamlessly, and accurately. Where Marylee Stephenson, PhD a scrivener must record the files accurately, it’s the Notary whose Seal is bond. COMMUNICATING THROUGH CREATIVITY Al’s Art 24 We chose The Scrivener as the name of our magazine Lori McLeod to celebrate the Notary’s role in drafting, communicating, authenticating, and getting the facts straight. We strive It Only Takes One to Stop Fighting 26 to publish articles about points of law and the Notary Julia Menard profession for the education and enjoyment of our members, Whole-Body Listeners 28 our allied professionals in business, and the public in Aryan and Ishan Sablok British Columbia.

4 BC Notaries Association Volume 29 Number 4 Winter 2020 The Scrivener: What’s in a Name? 4 Business to Business 27 Published by Letters 29 the BC Notaries Association BC Notaries Speak Your Language 29 Editor’s 43 Editor-in-Chief Val Wilson BC Notaries 2021 Spring Conference 54 CEO Chad Rintoul PROFILE OF A BC NOTARY, SHOWCASING THE WINNERS OF THE PRESTIGIOUS DR. BERNARD W. HOETER AWARD Senior Advisor G. W. Wayne Braid Year 2019, BC Notary Ernie Kliever 56 Administrative WHERE ARE THEY NOW? Coordinator: Olivia Kuyvenhoven Bill Todd, Retired. Long-time “Ambassador” for Stewart Title 58 Courier Lightspeed Courier & Logistics End of an Era 60 Photographer Wildman Photography Wayne Braid ORIGINAL RECIPES Gnocchi 62 The Scrivener Saffron Almond Cake 63 Laurie Salvador email: [email protected] website: www.bcnotaryassociation.ca

Send photographs The Board of Governors 64 to [email protected]

All rights reserved. Contents may not be THE MiX reprinted or reproduced without written permission from the publisher. BCLI Meet Karen Campbell, Executive Director, BC Law Institute 65 This journal is a forum for discussion, not a medium of official pronouncement. SFU MASTER OF ARTS IN APPLIED LEGAL STUDIES (MA ALS) The BC Notaries Association does not, in any Thoughts on the Year to Come 66 sense, endorse or accept responsibility Dr. Margaret Hall for opinions expressed by contributors. THE LTSA New Year, New Chapter 68 Connie Fair BOOK REVIEW “Making Vancouver 1863 – 1913” 69 Robert Allen HISTORY OF BC The English Bay Cannery 70 Ron Hyde CANADA POST: PUBLICATIONS MAIL WILLS AND ESTATES AGREEMENT No. 40010827 Electronic Wills and Section 58 WESA 72 Postage Paid at Vancouver, BC Trevor Todd The Nose Knows 75 RETURN UNDELIVERABLE CANADIAN Marlie Oden ADDRESSES TO CIRCULATION DEPT. TECHNOLOGY BC NOTARIES ASSOCIATION Knock Knock. Who’s there? 2021. 76 SUITE 201, 2453 BEACON AVENUE Akash Sablok SIDNEY, BRITISH COLUMBIA Services a BC Notary Can Provide 77 V8L 1X7

PEOPLE 78 WWW.BCNOTARYASSOCIATION.CA

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 5 COVER STORY A Message from Al-Karim Kara NEW PRESIDENT AND CEO OF THE LAND TITLE AND SURVEY AUTHORITY OF BRITISH COLUMBIA

am honoured and humbled Information Officer. I saw the Your dedication to providing potential to improve confidence essential legal services with integrity to take on responsibility in our services through the use of and accountability is deeply for leading the Land Title technology to bring consistency, appreciated. Without question, I efficiency, and transparency into the my first priority will be to nurture the and Survey Authority of British land registration process. During my already strong relationships between Columbia (LTSA) into its next time here, we have made it possible LTSA and our colleagues in the to process a registration in 4 days’ legal and real property community, chapter as President and Chief time—95 per cent of application ensuring we support each other to Executive Officer. submissions are now conducted navigate toward a new reality together. digitally, and LTSA has re-invested I know I am stepping into the very My relationship with land and over $80 million in revenues to big shoes of Connie Fair who has led security of ownership started long ensure British Columbians continue LTSA over the past 5 years to become ago with my childhood experience to benefit from this world-leading a world-leading land title and survey in East Africa; it seems rather system that we have built together. authority. I’ll be guided by our Board serendipitous that I now have this of Directors and Stakeholder Advisory opportunity to expand my impact Committee members to continue in the public interest. delivering on the LTSA’s Strategic When and where I grew up, Plan, working to improve transparency there was no Torrens system— and efficiency while reducing risk and nor any reliable system—to provide streamlining processes. certainty about who owns what. I am committed to our customer- As you can imagine, this can centric approach, delivering solutions make life difficult and insecure to address customer and stakeholder for citizens; it explains a lot about feedback and ensuring all that we the challenges developing countries undertake is in the public interest. face to create wealth. Our focus on operational excellence It saddens me to see that will be maintained, ensuring the LTSA remains a problem today. We are continues to meet turnaround times very fortunate to live in Canada, and maintain cost-efficient operations. a country that consistently ranks Thank you to all Notaries for among the highest in the world for continuing to provide essential quality of life, due in no small part services to British Columbians. to our commitment to the principles From updating office protocols of pluralist society and rule of law. to responding to changes in Here in British Columbia, we have legislation and technology, you have the benefit of a dynamic and diverse Al-Karim Kara risen to the challenges presented economy backed by effective I also recognize the success by the COVID-19 pandemic. regulation, including the Torrens of LTSA has only been possible with The year 2020 has been unique and registry system. the ongoing support of BC Notaries has required us all to reconsider what It was with that appreciation and other real property stakeholders. is important and what is possible. for the important role the LTSA Notaries have always played an I hope you will join me in looking provides to British Columbians important role in our collective and to the future with a clear frame of that I joined the organization ongoing work to ensure our land title mind and refreshed perspective, in 2009 as Vice President of and survey systems are trusted by all eager to continue our journey Business Transformation and Chief British Columbians. together. s

6 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 VICE PRESIDENT, BC NOTARIES ASSOCIATION Margot R. Rutherford* Notary Public A Member of The Society Welcome of Notaries Public of British Columbia *Denotes Professional Notarial Corporation 2021! 981 Fitzgerald Avenue, Courtenay, BC V9N 2R6 Morrie Baillie Tel: 250 338-6251 Fax: 250 338-5337 email: [email protected]

am happy to move forward into 2021. For litigation referrals, trust I Looking forward to some of my favourite things—seeing my family at birthday parties, going to concerts and plays, watching my daughter compete in synchronized thegooddirm swimming, cheering my son in basketball games, and going back to yoga classes . . . to name a few.

We look forward to sharing our Strategic Plan with you…

With the BC Notary Association (BCNA), I am excited to be a part of a dynamic team that includes the Board of Directors and our CEO and leader Chad Rintoul. Together we have invested time and energy to craft a multiyear Strategic Plan for the BCNA. Members had the opportunity to express their thoughts and opinions through an online survey. We took that input from our members and incorporated the ideas into our plan. As we look forward, the BCNA will continue to promote BC Notaries across the province, advocate the government to expand the scope of services for BC Notaries, and create opportunities for Notaries to learn from and connect with other Notaries. Richter Trial Lawyers We look forward to sharing our Strategic Plan with you as this year Estate Litigation | Family | Personal Injury unfolds and to connecting with our members and peers in the upcoming events and workshops. s

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 7 CEO, BC NOTARIES ASSOCIATION

New Year . . . Tracey Scott Photography Tracey New Strategic Priorities! Chad Rintoul ©iStockphoto.com/Umkehrer etting your message out But like any road map, there may My best wishes be more than one way to reach a is difficult at the best to you for a Healthy destination. COVID has thrown a few of times. twists and turns into all our lives, but G and Happy New Year. we learn and adapt, and so it will be In COVID times, how do we with our new Strategic Plan. But please don’t get discouraged— cope? As CEO of a professional The BCNA will continue to there is a lot of important information association, I have been wrestling advocate, educate, and promote the in a Notice to Members or our with that challenge. Notary profession. Our continued Partner Newsletters. As someone who has never met success won’t be without the support a microphone he doesn’t like, it has • Roll up your sleeves, open of our stakeholders and sponsors. that email, and get engaged. been a struggle to feel connected If you represent a sector looking with members and stakeholders in • Read the information or to provide information on your this environment. I’ve been reminded participate in the survey so we products and services to the legal this year, and probably for the better, can have your valued input. community of BC Notaries, please that communicating is very much a reach out to the BCNA to see how two-way street! I would also suggest attaching your name to your feedback. we can work together to build the As much as presenters of My guess is that will lead to a more profile of your organization. Those information need to be engaging, constructive and respectful process relationships are essential to our there is increased onus on the and you will feel very much a part mutual success. recipient of the information to stay of your association. While not many of us will be sad connected. The BCNA has just completed to see 2020 in the rear-view mirror, In that regard, I have reacquainted a very important member there will still be many challenges myself with the telephone. That consultation process; we surveyed ahead. We must continue to be device can be used as a vehicle British Columbia Notaries and patient as we cope safely in the for voice transmission and as a partner organizations for insight on COVID-19 environment. listening instrument—not solely as a Strategic Planning for the 2021 I look forward to sharing our mechanism to communicate with my to 2023 period. That feedback new Strategic Plan with you in the teenage children by text message! has been distilled to find common near future. I remain optimistic There is something quaint about themes; the Board, along with that if we continue to support being able to have a conversation participants from geographically one another, we can ensure that without checking my hair, having underrepresented areas of the Notaries will continue to succeed to straighten my tie, or spending province, met virtually to work in providing legal services in a safe 20 minutes looking for a parking through your input to set priorities and accessible manner to British spot. Yes, the telephone has enabled for the next 3 years. Columbians. some productive conversations A Strategic Plan is like a road My best wishes to you in a very personal manner. map. It is an important tool for for a Healthy and Happy New Year. management so the Association At times we still need to cast the Feel free to give me a call doesn’t go off course and risk getting net fairly wide when communicating if you want to test your telephone! s and reaching out to members too far from its intended destination with notices or survey requests. or goals. Office Line: 604-676-8570 #301

8 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 KEYNOTE Seeking a Career

as a British Personal www.wildmanphotography.com Communicating Val Wilson Columbia Editor-in-Chief Notary Public? e really enjoyed putting this issue Wtogether. Our writers have contributed outstanding articles about Communicating. We communicate who we are in many ways. The way we present ourselves in the world . . . including our There are business personal appearance, the attention opportunities for Notaries we pay to our personal grooming, our wardrobe, hairstyle, posture, tone in various communities of voice, manner of speaking, and our throughout British Columbia. word choices . . . speaks volumes. Some of the Requisites Our habits show how much for Becoming a BC Notary we respect ourselves and others. For example, being chronically late • Undergrad degree with a CGPA shows disrespect for the people not less than 3.0 waiting for us . . . who have made • Interest in the practice of law the effort to be punctual. Our body language talks, too . . . the classic • Strong entrepreneurial spirit image of the person in a meeting • Strong communication with arms firmly crossed over the and people skills chest can mean that individual’s • Dedication to community mind is closed also. and serving the public Today, with masks obscuring • High degree of honesty and integrity facial responses, I find we are using our eyes more to convey feelings of happiness, kindness, and sincerity. For more information, please contact Note re. Working from Home: The Society of Notaries Public of BC To alert family members that you 1-800-663-0343 or visit our website, don’t wish to be disturbed, simply www.snpbc.ca. wear a hat to silently signify you are busy at the moment. s

BC NOTARIES ARE RESPECTED IN THEIR COMMUNITIES. ©iStockphoto.com/Koldunov

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 9 COMMUNICATING Filip de Sagher Out of Touch

©iStockphoto.com/estelle75

The Creation of Adam (Michelangelo, c.1510)—painted on the ceiling of the Sistine Chapel in the Vatican—is about the creation of life. To touch is to be human. reeting is Shake staring intently into your partner’s eyes, with the right word at that communicating: Globally, the handshake must be the most common greeting but note that moment . . . We acknowledge each in some countries, religion or social A romantic undertone is certainly G taboos forbid handshakes between other’s presence when meeting part of the hand kiss. That, by men and women. the way, illustrates how greetings and when saying our farewells, change over time. Once it was very often with the same gestures. respectful for a gentleman to greet a Once it was very respectful lady by kissing her hand, especially Various cultures do that in for a gentleman to greet in high society. It is now considered different ways depending on the oldfashioned. But if you do kiss a situation, the relationship, and the a lady by kissing her hand, woman’s hand, you probably have social status. especially in high society. the intent to convey “certain” feelings and emotions that a simple It involves non-verbal handshake cannot. communication—gestures such In its simplest form, two people Note that a leftover of the as tipping your hat or bowing as the grab each other’s right hand and the Japanese do with their arms and outdated hand kiss is the formal hands move briefly up and down. marriage proposal. Hold the girl’s hands on their side—and, but not But variations are legion and many always, the spoken word. It can be hand gently in your right hand, place meanings can be deduced. A strong your right knee on the floor, and with a simple waive with one hand and handshake lingering on for a few yelling “hello” or you can just nod your left hand, present the ring-in- minutes, for example, might be the-box. your head to someone. considered rude social etiquette by Among my favourites is the some but it could also indicate an From personal experience, Namaste-greeting used in many parts enthusiastic greeting between two I suggest practising that intricate of Asia . . . slightly bowing your friends who have not seen each other move, especially opening the head with hands pressed together for a long time. minuscule box with your clumsy prayer-like or crossed over your chest. hand. It is not easy and you only Confidence might be expressed get one shot at it. In New Zealand, the Maori rub noses or just the opposite if firmness is and/or touch foreheads. lacking. And what to make of a warm Kiss There are many variations across handshake, whereby once right hands One, two, three, four? How many communities and continents and are clasped, you now place your left kisses are to be exchanged in quite a few greetings have a religious hand over the other person’s hand? what circumstances with whom? origin or meaning. At the same time you might be Lip-to-cheek or cheek-to-cheek?

10 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 Does a man kiss a man? And do we The most famous hug in the at the same time shake hands and/ movies must be the one between or hug? That sort of greeting can Steve McQueen (Papillon) and Dustin Who Will See be really complicated and heavily Hoffman (Dega) in the 1973 movie Your Ad symbolic—a potential minefield. Papillon (based on the eponymous book by Henri Charriere, a must- Consider refusing to receive a in The Scrivener? read). Despite merciless challenges kiss or giving one too many. If you from fellow criminals and the tropical BC Notaries turn your other cheek too fast, the climate, their friendship grows until kiss might be planted on the lips . . . Lawyers that day high upon a stormy cliff a huge faux-pass or not. Parents kiss above the wild deep-blue ocean. Land Surveyors of BC their children routinely and a kiss is Real Estate Professionals common between family members Papillon will attempt one more and friends, male or female. escape by jumping but Dega no Real Estate Boards The kiss does not have to be longer has the courage. If they part and Associations physical, since you can blow a kiss. now, it will be forever, leaving each Age-Friendly Designates man to grow old and die without the The air kiss is a lovely gesture of MLAs and MPs in BC affection . . . bring your fingertips support of the other. They embrace, to your pursed lips, kiss them Papillon jumps. The soundtrack, Life Insurance Brokers gently, then blow your fingers softly, by Jerry Goldsmith, makes it very and Agents emotional indeed. pointing your hand to the intended Accountants beneficiary. Farewell Managers of Financial The three Godfather movies The pandemic has limited our many Institutions would be unthinkable without a options to greet one another— kiss. The Kiss of Respect shows, Investment Management to non-verbally communicate. Agencies by way of a hand kiss, who is the Michelangelo’s fresco painting Don. And the Kiss of Death is given illustrates that the essence of life Provincial and Federal forcibly on the mouth by Michael is the touch. Handshakes, kisses, Court Judges Corleone to his brother Fredo when and hugs are no longer possible, Registrars discovering Fredo’s betrayal. He will and together with the masking of our be executed. That sign apparently faces, it constitutes a double assault Mayors finds its origin in the Kiss of Judas, on humanity, on what it means to be Government Ministries well known in Renaissance paintings, human. Only 3 of the 5 senses seem Libraries: Public and Private, whereby the Apostle identifies and to be left. thus betrays Jesus. including Law Society, Legal As such, the consequences Services, Education Facilities Hug will be felt not only on our health Chambers of Commerce If you think hugging is a less and in our wallet but maybe most dangerous activity, think again. of all on our mind. Luckily, history BC Housing Is putting your arms around the teaches us that plagues are short BC Assessment neck, the back, or the waist of term. They return throughout the ages but they are not permanent. We can Ministry of Citizens’ Services: another person not a bit like taking Real Property Division possession? It is a very comforting draw strength from that. And we have form of non-verbal communication— the many Asian flavours of non-touch cuddling takes it a step further on gestures to greet each other. the scale of intimacy—but at the Lest we forget (I am writing this same time can be interpreted as during the week of Remembrance invading someone’s personal space. Day), hug and kiss the ones in your Much depends on the length of the bubble. Do not forget the others. Spring hug and the reciprocity. If you can’t physically hug them now, Advertising The hug definitely is a social act think of them in your mind as you Space Deadline in many cultures. And if we have hug the people in your bubble. And more than two participating, we have be human to all. That should be on March 10, the group hug, common in team your list of New Year’s Resolutions. 2021 sports and expressing the cohesion Namaste s in the group. Compare it with the enthusiastic scenes in soccer when BC Notary Filip de Sagher [email protected] one of the players scores. practises in Vancouver. www.bcnotaryassociation.ca

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 11 COMMUNICATING

EVERY CONVERSATION COUNTS The Secret

to Every Great Presentation Riaz Meghji

n 2020, I interviewed You want to make your Remember, it’s a dialogue, audience feel something. Instead countless coaches, leaders, not a monologue. of bombarding them with information, introverts, and experts share powerful stories. Engage them I with thoughtful questions. Get them Eliminate the guessing game about their biggest pain points interacting with one another. Have about whether your content is them report back and make it an with speaking and presenting, good enough; ask more people the active experience. especially in a virtual world. important questions and show that you care about them first. If you want them to do something Some have said it’s forgetting If you’re speaking, find out with the message you’re sharing, their words and then trying to bounce beforehand where your audience the bottom line is that the audience back from stumbling. Others said is at—and where they want to go. needs to be involved, especially they battle the fear of judgment. Identify that gap, understand their in virtual presentations. But hands down, the number one needs, and then provide the solutions Remember, it’s a dialogue, answer has been . . . what if my that show you care about them. not a monologue. audience tunes me out? If you want to avoid looking Put in the work. Instead They’re afraid of looking foolish, robotic when you present, record of reading your script or reading losing credibility, and having their yourself in two ways— your slides, share your message message completely lost. In fact, one without using your notes and focus of my conversations with an expert • one, with your natural delivery, and on making a real connection with who has coached many leaders on • two, with exaggerated the people that are watching and speaking, revealed an important fact: expressions and body language listening to you. Perception matters, but connection in your delivery. matters more. Then study both videos to People want to feel seen. They want to feel heard. They want What’s the secret to success determine what feels authentic and to feel valued. If you care about them for connecting with your audience? what will deliver the most engaging experience for your future audience. first and do this important work, Whether you’re presenting you will set yourself up for success, virtually or in person, if you want your According to the National and be rewarded with an audience audience to care about you and your Highway Institute, adults retain that not only gives you their attention, message, find ways to care about approximately 10 per cent of what but also does something with your them first. they see, 30 to 40 per cent of what message. they see and hear, and 90 per cent How can you do that effectively of what they see, hear, and do. What can you do to make the and authentically? When someone audience your priority? s asks you to speak, instead of just Let’s be real. How much do you relying on the event organizer to even remember from the stats I just Riaz Meghji is the founder of answer all your questions, reach out shared with you? “The Magnetic Messenger” presentation to at least five people who will be Avoid the trap of too much program and author of “Every attending your talk and understand information. Forget about the data Conversation Counts: The 5 Habits their fears, their frustrations, and dump and bring your heart into the of Human Connection that Build their desires. presentation. Extraordinary Relationships.”

12 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 COMMUNICATING

Assess the Quality

of Your Communicating Rhonda Latreille

heltering in place, Just because a caller is older, do or comment before you speak, not assume dementia or cognitive then repeat your understanding lockdowns, slowdowns, decline. Older people have led and of what was communicated to social-distancing, and are still leading rich lives so bring an you, so you are sure you clearly S attitude of respect for who they are understand. bubbles. New concepts with as individuals. • Keep your sentences short. new challenges are causing us Remember that the speed of Offer one step at a time. to engage with others in new mental processing can be impacted by a number of factors—lack of • When leaving a message or ways. sleep, poor nutrition, infections, giving instructions, slow down! medication, colds/flu, stress, and Repeat your name and number In times of COVID, we have health-related challenges. Allow the and details at the end of the lost many of our face-to-face caller plenty of time to complete an message or conversation, to give conversations. Telephone and virtual instruction. the person a chance to record appointments are now replacing the information. Make sure your many personal meetings. We are Special note: Never use baby- callers have plenty of time to compelled to be even more mindful talk when engaging with callers, engage with a keyboard, search of the quality of our communicating, regardless of their chronological age! a webpage, or work with other especially with our maturing callers. devices or products as necessary. You cannot control the quality Older people have led • Avoid using professional jargon; of your caller’s environment so it is and are still leading rich use familiar words and keep your especially important that you manage lives so bring an attitude tone conversational, modulated, the quality of your own . . . eliminate and level. background noise and distractions. of respect for who they are as individuals. • A person may ask you to repeat When speaking on the phone, something because of a hearing within seconds—and without the challenge or low volume. Simply benefit of visual cues—you must How You Engage repeating the same sentence establish rapport, assess the issue • Wherever possible, provide an louder may not be helpful. State and the requirements, diffuse opportunity for your callers to your information in a different potential frustration, and ultimately speak to a real person instead of way and provide a bit of context. remedy the solution in a professional, having to cycle through a long list efficient, and respectful manner. of telephone menu items. Remember: Communicating A tall order! clearly is your responsibility. • Ask your callers how they wish to What You Bring be addressed. I have yet to hear It is not the caller’s responsibility anyone ask to be called “dearie.” to struggle to understand what you The baggage you bring to any are saying! s communicating situation includes • During a conversation, do not your attitude, fears, beliefs, interrupt! Ensure that your caller Rhonda Latreille, MBA, CPCA, is the prejudices, and assumptions. has finished his or her sentence founder of Age-Friendly Business®.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 13 COMMUNICATING

Nigel Atkin Veracity: The Quality of Communication

©iStockphoto.com/tomozina “definition” is a lengths of straight engineered metal; of symbols, signs, and behaviours; a “plumb-bob,” a weight on a string and the goals of communicating statement of the exact that uses gravity to mark a perfect are to inform, persuade, motivate, meaning of a word. vertical line; and a “T-square, or achieve mutual understanding. A framing square or speed square” Communication can be personal or In English and other languages, is used to ensure the horizontal mass-mediated, one-way or multi- definitions form the basis is square with the vertical. channeled. of meaning for consistent Mass-mediated refers to many When writing an academic possible means of transmission— understanding. radio, television, telephone, social essay, a legal document, media, podcasts, etc. Multi- When writing an academic essay, channeled could be reading a book, a legal document, an article, or book, an article, or book, talking on the cell phone, and definitions are the building blocks definitions are the building watching YouTube or Instagram, for agreement and comprehension. blocks for agreement and possible on the same subject at the Construction Analogy comprehension. same time. In communicating there In real estate, such as your office, are many variables. home, or apartment, builders and In unison, those tools used Attribution, Precedent, contractors work to ensure ceilings correctly ensure a building is “true.” and At Least Two Sources and walls and windows and doors are If a building, window, or door is not all “level, square, plumb, and true.” true, few will consume it and the Attaining credibility in communicating In the trades, level means that product will not sell or stand the is carried out in good practice on a straight line is perfectly horizontal; rigour of time. a daily basis in a number of fields. plumb is the word used to refer to Written Communication For instance in academia, essays a perfectly vertical line. Square is to convince and theses to advance Writing academic essays, news a 90-degree corner reflecting the the depth of human knowledge are intersection of both level and plumb. articles, legal documents, or books supported by attribution in the form True represents being square on both are like that—where what is “true” of references as to who supports the level and plumb axis on all sides is the preferred end product of the or contradicts a certain position on of the unit being built or installed. words assembled. a subject. These are compiled at In construction, jobsite tools Communication is by definition the the end of a work in a bibliography include a “spirit level,” where the process by which information and so others can understand the trail centre air bubble in encased liquid knowledge are exchanged between the scholar took toward his/her denotes pure horizontal in various individuals through a common system conclusion.

14 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 In the law, juries and judges make decisions based on facts, NEW CANADIAN BOOK legal codes, legislated laws, and Restoring Democracy in an Age of Populism and Pestilence regulations. More often than not, judiciary decisions are made on By Jonathan Manthorpe precedent written in common law. (Reviewed by Nigel Atkin) “Binding precedent” in English law means that Courts need to abide by Leadership at all levels of business and government requires the best precedent and not disturb matters information upon which to base decisions. That is true in aspects of governance, that have been previously settled. in drafting policy, law, in investment, and issues management. Strategic planning requires verifiable facts, delivered by people who manage the raw data of Journalism is the professional information, by leaders who rely on the accuracy of counsel from those who activity of gathering, assessing, writing, recording, and presenting speak the truth without blame or judgment. news and information. While our In this year of pandemic, in which the dire circumstances of plague world is flooded by communication— and economic collapse have dramatically impacted individuals, small the majority of which feeds needless businesses, institutions, and many industries, the truthfulness of email spam, some 200 million information has itself become often questionably unstable for quality tweets a day, the ongoing babble decision-making. of opinion, talk show, assertion, The catalyst of COVID-19 accentuated public awareness of both entertainment, advertisement, foreign and domestic governments where issues emanating from crises and propaganda—journalism has in leadership have taken centre stage. Add to those findings issues of the higher purpose of verifying systemic racism, the manifestation of climate change—the evidentiary information for people so they can increases in the numbers of wildfires and storms, their intensities, cause make better decisions. many of us to seek better understanding of the times in which we are Journalism is a systematic living. process, one the American Press In August this year, I came across a newly published book by veracious Institute (API) defines as “a discipline Canadian journalist Jonathan Manthorpe in which his perfectly timed of verification that journalists use published work embraces the very best principles of journalism that to find not just the facts, but also I outlined in the adjacent article. the truth about the facts.” Hence, a minimum of at least two separate In Manthorpe’s Restoring Democracy in an Age of Populism and and reliable sources is usually called Pestilence, he provides government leaders and everyday citizens alike for in confirming facts in journalism. with current and bankable facts regarding how events unfolded creating a disparity of wealth and a predictable global rise in populism. Journalism is set apart from other communication activities and Four years ago and prior to the 2016 U.S. election, I wrote products. It is identified according “On Intellectual Fraud” (The Scrivener Vol, 25, No 1, Fall 2016) about to API by unique characteristics the consequences of misinformation and propaganda to our democratic and practices, some of which can institutions, how mobsters, warlords, and oligarchs prefer chaos over order be summarized in five core ethical and corruptly benefit when the peoples’ voice and ultimate power through voting is stifled. principles. In numerous countries, what I then warned about came about. 1 Truth and Accuracy While journalists might not Manthorpe’s Restoring Democracy captures and calms some of the always guarantee truth, getting anxiety I feared from the ongoing propagandistic lies and other distractions, the facts right is the cardinal the incipient potential of Fascism that results in a climate of intellectual fraud. principle of journalism. The book provides a broad depth of logical and brilliantly assembled 2 Independence facts and data leading up to the times we are now experiencing. At the Journalists must be independent same time Manthorpe provides concrete direction to our countries avoiding voices and should not act on becoming even more “flawed” democracies. behalf of special interests, be they The veracity of this assemblage of information is air tight to my political, corporate, or cultural. somewhat superficial and general knowledge of world affairs. This book has 3 Fairness and Impartiality taken me further in my admiration of stellar journalism and of our leaders Most stories have at least two who consume this level of writing, the quality of communication that builds sides and while there is no my confidence in our leaders’ judgment and decisions. obligation to present every side If you want to reassure yourself that good minds require sound in every piece, stories need to information for better judgment in governance, get yourself a copy. add context and show balance. In the darkness of these Winter months, understand that Spring is coming.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 15 4 Humanity academic and other research, Journalist should do no harm, An important sign espionage, surveillance, etc., being aware of the impact of professionalism is simply known as “Intelligence.” words and images can have and responsible journalism In Truth, Veracity on the lives of others. is to hold oneself When people are at the top of their game and consistently deliver the 5 Accountability accountable, correcting highest quality of communication An important sign of errors when they occur. content, be they serving as professionalism and responsible intelligence officers, as journalists, journalism is to hold oneself Intelligence as authors, or scholars, their veracity accountable, correcting errors is unquestioned by evidence of their when they occur. Decision-making at senior-leadership long-term portfolio. levels for society requires an Those practices make even higher form of credibility in They are recognized for their journalism essential to democratic communication. That is known habitual truthfulness—in observation, societies. The more news and as “competitive intelligence” in speech, in written and spoken information a society tends to have, corporate realms where billions statements. One can rely on their the more democratic a society it is. of dollars are spent to find that accurate pursuit of fact and truth. pharmaceutical cure we all seek or Again, more than often the research In the traditional news where rare earth or lithium and other accuracy of their communication media and their representative valuable resources might mitigate comes intuitively as if honed “true” professional groups, there are s climate change or just make another by a scientific instrument. many more codes of conduct, person more of a billionaire. statements, and charters that Nigel Atkin teaches the Evolution outline consistent values and In politics and war, the ability of Public Relations course online at obligations to the craft of to acquire and apply knowledge and UVic. He offers onsite communication journalism, which is hourly skills, the gathering of information workshops to leverage human capital consumed on a mass scale of military or political value, through and exploit the multiplier effect of by the public. observation, reconnaissance, becoming better communicators.

16 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 COMMUNICATING ©iStockphoto.com/AntonioGuillem Morrie Baillie Zoom 101

hese days as a Notary, If the person is a repeat client, the final reporting package so we are I confirm that their valid ID is on file all ready to sign, scan, and copy the I sometimes feel a bit in my office. documents. I have reconfigured my office to create a signing destination like an island. Undue Influence T near my front door with plexiglass Before COVID-19, personal- How do I ensure there is no undue between us. I ask my clients to wear planning clients would book a time influence in the Will process? a mask. They appreciate the extra to come into my office. I would I ask clients if are they alone precautions. spend at least an hour with them and (if possible) to scan the room I am truly amazed by how well to gather their ID and discuss with their camera so I can see that many of my clients have adapted the pertinent details around their no one else is present. to the new processes. Even my personal-planning needs. senior clients have adapted to Zoom With the arrival of COVID, I quickly …many of my clients appointments. transitioned my personal-planning have adapted to the new Connection with My Peers clients to Zoom or Facetime . . . a new Before our office got crazy for the way to conduct business. The first processes. Even my senior day, I recently hosted a virtual appointment is conducted remotely clients have adapted morning coffee session with five to minimize contact with people. to Zoom appointments. Notaries in various locations across During the virtual appointment, our province. It is fascinating to I ask the client Since my goal is to minimize learn that each of us is adapting contact, I now email draft documents to the COVID situation slightly • are you alone; for them to review in their home. differently. I appreciate connecting • may I take a picture of your ID; The draft documents are password- with and learning from other protected—passwords are emailed Notaries. One thing that is true for • may I take your picture, too? in a separate message. all of us is that everything takes I save those pictures to the client’s file. I arrange for a second Zoom longer now . . . at least 25 per cent more time. ID meeting where I can share my screen and go through each document with Overall, this pandemic has been My clients now have these options. the clients, page by page and clause a very trying time for many. For me, • They can email me copies of by clause, and answer any questions it has focused my energy to be more their ID that I verify during our they may have. I make changes to adaptable, to learn different tools to Zoom appointment. the documents on screen, if required. communicate with clients and peers, I ask if I may take a picture of the and to reexamine what is important • If clients are uncomfortable client to confirm I reviewed the to me . . . so I can prioritize my work emailing ID, I provide the option documents virtually. and personal life. s where they can come to the office to quickly meet with me Next, I ask the clients to come BC Notary Morrie Baillie practises (in safety) while I scan their ID. to my office. I print and assemble in Victoria.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 17 COMMUNICATING Garry Gracey and Jacek Januszewski

Meat and Potatoes Communicating Garry Jacek ere are some of the personal strongly believe lasting success in business communicating tools that were so helpful is based on two factors—the amount of repeat Hto me in my 45 years as a BC Notary. Iclientele the business is attracting and the Return Messages team that built the business. To be better than • Reply to email messages ASAP. your competition, you need both. • Do the same with phone messages! One of the tools that helps create success is good Never assume you know why your client is calling. communicating; it’s not only what we say but how we say it. Be Courteous Although English is my second language (I was born • Greet your client in a friendly manner. and raised in Poland), I will try to summarize what I have Make the person feel welcome. learned as a BC Notary working with the public Be a Good Listener; Be Respectful Let’s start by being pleasant, polite, • Respect and empathize with other Our clients need to feel attentive, and patient. Our clients keep people’s feelings to establish we abide by the high our businesses running; they put the effective communicating and build food on our table. We must do our rapport. standards of our longstanding best to make them feel good about • Pay close attention when your “Tradition of Trust.” doing that. client is speaking to you. Clients often don’t know much • Be patient; don’t interrupt until your client about the deals they bring to us. Making them feel has finished talking. as if they are our most important clients at that moment • Keep an open mind; ask questions that will help you will go a long way to turning their first visit into repeat understand your client’s needs. business. Be Honest With COVID-19 and all the problems the virus has created in the world, we need to be more attentive and • Be forthright and up front about the status of the client’s file, to generate trust between you. understanding than ever before. Many of our clients are experiencing previously unknown hardships, layoffs, Keep Your Promises business closures, problems with availability, and • Demonstrate that you are accountable. A sense childcare affordability. Their heightened stress can lead of pride grows when you care about your expectations to depression. Some are afraid of contracting the virus and those of others. Trust develops when you show and possibly dying from it; that brings them to our Notary you are reliable and have a positive commitment. offices to have their Wills drafted. • Be yourself, stand in your truth, be your word, Clients can be impatient and feel frustrated. s and always wish your clients well. We need to be able to diffuse situations and control our Garry Gracey is a Consultant for South Surrey Notary Jacek own emotions. It is best to show understanding and walk Januszewski, who purchased Garry’s practice last November. the path that leads to agreement.

18 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 We didn’t expect a pandemic.

Neither did the animals.

Thank you to those Forever Guardians whose love and forethought ensured That’s Jacek Januszewski on the left that they were protected during an emergency. and Garry Gracey on the right . . . the two “masketeers” working remotely and serving the community in these Forever Guardians care for Future Generations very challenging times. of Animals by leaving a gift in their Will. Contact us to learn more. Our success is dependent foreverguardian.ca on good communicating with everyone. [email protected] OR CALL YOLANDA BENOIT AT 1.855.622.7722 Honesty and integrity are among our most important professional duties; they need to be at the forefront of the way we talk and act. Clients want to know they are dealing Introducing with professionals who will act in Olive Me; a their best interest and not abandon collection of the duty of care. recipes by Our clients need to feel we Laurie Salvador. abide by the high standards of our longstanding Notaries’ “Tradition of Trust.” Integrity means avoid We are excited criticizing other professionals involved to announce in our deals. “It’s not my fault” is Laurie's a poor way to get out of a problem. collection of Clients would rather hear what we are recipes will be going to do to fix it. available in We should underpromise and Spring 2021. overdeliver. That closes the deal with a strong argument that you and your practice should gain the client’s To enquire future business. Repeat clients and about pre- their friends and families keep our ordering a copy businesses going. today Our success is dependent please email on good communicating with everyone. s orders4oliveme BC Notary Jacek Januszewski @gmail.com has been practising in the South Surrey area for 8 years.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 19 COMMUNICATING

Beverly Carter

Managing Grief

©iStockphoto.com/tolgart Good Grief: Part 1 and giving time and words of comfort PTSD, we found a shared experience to help me get through my day. where we have turned our past Be Kind to Yourself Unbeknownst to me at the time, challenges into positive ones. Every rief is an inevitable, my learning from her was twofold: time an ambulance passes me, • to communicate permission I always take pause to send positive inescapable part of life. to yourself to accept your thoughts to the person inside and to the person’s family. Over the past 25 years, expressions of grief; and G 2. PDG is not weakness. I have experienced the deaths of five • not to be afraid to communicate members of my immediate family; with someone in their grief. It is my current reality. It is stress-relief. three resulted from a sudden tragic By personally accepting that event or accident and two were more I was allowed to grieve, letting myself Get comfortable with it as not every or less predictable. Each experience learn and help other people deal hour of every day is great. From of death has brought a deeper, with this roller coaster of a ride with one who knows, eventually there meaningful awareness and unexpected twists or turns (of grief), will be more better days than bad. understanding of just how important paved the way to healthier grieving. Sometimes you may start out crying communicating is in our healing. and end up having a laugh. There is no one-size-fits-all, As a start, I found one of the but our inner dialogue matters. 3. My new normal does not hardest things was communicating allow me to do my old normal. with myself. A normally capable and Grief is exhausting. Period. Brain energetic woman, I was brought to You are not perfect fog can be normal for months. More a standstill in a way that no previous and never will be. Just sleep and a good work/life balance life experience or education ever do your best in the moment. are important. In some cases, we will prepared me. have energy to start to resume our And somewhere, maybe osmosis Here are 10 points I learned regular activities soon after our loved from my culture, crying (or PDG one has died but be prepared for that about grieving. “Public Display of Grief”) seemed to change . . . sometimes months a personal weakness. Acknowledge Yourself down the road. One day, with my two-and-a-half- 1. What I am dealing with really sucks. I have a friend who grieved her year-old in tow, I broke down sobbing There is often no preparation for husband after he battled multiple in the public library and shared my grief except life experience. I always bouts with cancer. She went back story with the librarian who just say no experience is bad, but some to work after the first week he died happened to be close. The librarian are hard. In a recent discussion with because that is what she needed modelled compassion by listening a war vet who experienced severe then. She needed something in her

20 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 life to seem normal and routine and 7. I will have at least one activity just give her a reason to wake up to define my day that gives me Communicating with my in the mornings. At month 6, she space and time to heal. clients, or with anyone in was exhausted. At that point, she embraced her grief and took a leave Take a walk. Take a bath. Look at grief, is not a complex act. of absence from work for 3 months. some photos. Smile. Look at the sky, nature, or birds. 4. I will practise forgiveness Good Grief: Part 2 of myself. 8. I will accept help from my circle of people. Be Kind to Others You are not perfect and never will be. Just do your best in the moment. Keep a list of “to do’s” and if s a Notary Public with Forgive thyself for not being the someone asks to help, say to yourself, an active practice superstar or not completing things “I give myself permission to share normally. Maybe you are short with this task.” A in Wills and Estates, other people and say things in a way 9. I will keep doing something I see clients who have recently you did not mean. Maybe there is I normally love. just not much engagement in day- lost their partners or are to-day activities. Perhaps you feel After Dad died, I did not feel like dealing with the death of as if you are floating along and, while getting off the couch to do my physically present, mentally you are favourite weekly activity of sailing. a family member or friend. checked out. I was exhausted yet surprised that grief had crept into my being. Death is not the only reason 5. I will practise forgiveness for grief. It can be triggered by other of others. It was no easy task, but I recall life events such as the breakdown, a conversation on the boat when Most people come from a heart- loss, or change in a marriage or a the crew was talking about another centred place, even when they put family relationship, the loss of a job, sailor who left the sport because their foot in their mouths. Fear can or the passing of a pet. of a divorce. Several years later, take hold of our natural support circle When a person walks through he simply said, “I wish I’d kept and cause people to act in ways that my office door, I can usually tell by sailing.” The real meaning was he let may seem foreign to you. the individual’s demeanour or the grief get in the way of living. In my documents we are doing that the Death is not a comfortable experience, it took about 6 months client has had a loss, the trigger for topic for many people and they before the joy returned, but I always a loss, or the person is experiencing may not have a lot of framework felt physically and mentally better some degree of grief. I take a around how to act or what to say. after my day of sailing. In my own experience, I found the moment to communicate with the more traumatic the event, the more 10. I will seek help from a counselor person to recognize the loss. challenged my friends and family or therapist. Communicating with my were. In some cases, I never saw As well-meaning as our friends and clients, or with anyone in grief, people again. It was probably that family are, sometimes we just need is not a complex act. A stranger aspect of how that one event changed a boost. We can get stuck. It is truly can communicate effectively with the relationships with my people that okay to accept a helping hand from a person in grief without knowing compounded my grief experience. a professional source. the individual or the circumstance. Oddly, I could handle the death (with The model put forth by the time and healing), but how people Grief is a predictably librarian was one of kindness changed hurt a lot. At the same time, unpredictable human experience. and sincerity. She wasn’t afraid some people outside my inner circle An individual’s grieving process is to face what many would find an really stepped up to the point where as unique as each person. It speaks uncomfortable situation; instead, I saw them in a new light. to our depth and complexities, our relationships, and the love and she took the time to recognize and 6. I will practise gratitude. the bonds we hold with the person engage with a person in a world Mentally tell yourself every day three who died. Grief is good because of hurt. aspects of your life for which you are it allows us to be enriched through When dealing with a grieving grateful. While not everything about our healing. I recommend that you person, I find that sincerity and life will seem rosy during grief, turning accept your grief in the same way simplicity of thought are the actions your mind to something positive can you accept that the sun and moon that matter most. I always stress help your mood and energy. rise and fall each day. that people should be kind to themselves and never apologize for Death is not a comfortable topic for many people… the inescapable grief that we humans can experience.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 21 If there is one single message to give, it is simply to be kind…

Here are some general guidelines • Practise a random act of kindness for communicating that apply and help with a task or chore. to almost any situation whether If you offer to help, follow through. or not you know the person. Don’t wait to be asked. The grieving • If you don’t know what to say, person’s response to a generic, say just that. open-ended question such as, “I am at a loss for words. I really “let me know what I can do” may be don’t know how to express myself a challenge. Instead, tell the person or what to say. I am so sorry for the you are available on Thursday, from death of... . ” 1 to 3 pm, and that you want to help with an errand, chore, or task. • Just reach out. Gauge the response to your timing Don’t let your own fears—of not and his or her interest level. knowing what to say or intruding or • Manage your own expectations seeing someone in heartbreak—hold you back. Whatever you do, your about communicating. sincerity and caring is what matters. When leaving a phone message, It will shine through. let the person know you don’t need a response. You are just thinking • Just listen. of him or her and you will call again. Listening is the most important And then call again. part of the communicating process. Don’t be afraid to listen to someone In my Notary practice, I certify in tears or anger. You may find copies of death certificates as a you share some laughter together courtesy. When arriving in my office, along the path. Throughout the most people do not expect that conversation, confirm what you have gesture. I tell them I have been heard, such as, “You must have been through some challenging deaths so shocked.” and it is my small way of giving back; their shock turns quickly • Be patient. to relief and gratitude. Grief is a process of holistic healing. Often a grieving person needs to Not only are grieving families adapt to a whole new day-to-day propelled into a whirlwind of personal culture and routine. practical activity plus a lot of calls and communications for about a • Don’t try to fix it. You cannot. month, they find there are a lot The grieving person knows it cannot of unexpected expenses. And they get fixed. are exhausted. • Asking “How are you doing?” With the complementary service can be a burden for a grieving and taking the time to be aware, ask, person to answer. and listen, being personally engaged Questions are good but unless you and interested in my client is truly truly want to know and you are a the simplest of communicating. safe person for the grieving person Through sincerity and kindness by to answer honestly, steer clear of that such small gestures, I am afforded question. the privilege of trust and heartfelt two-way communicating with my • If someone is having a bad day, client. do not take it personally. If there is one single message Do not judge. Accept and respect to give, it is simply to be kind the person’s expression of grief in the to others. s moment. His or her moods, feelings, and energy levels will fluctuate and BC Notary Beverly Carter change—you will not see them all. practises in Victoria.

22 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 COMMUNICATING

Marylee Stephenson, PhD

©iStockphoto.com/iQoncept

ancouver, like so many Until COVID, there were events in cafes, church basements, theatres, cities around the world, at conferences . . . all advertised Vhas a lively storytelling by digital media and word-of-mouth. community. Storytelling is a Audiences were diverse, varying by the ambiance of the basic human activity. venue, the story theme for the night, the location, and the fan base of As a performer, I focus on a given storyteller. Some events storytelling . . . about what I have had open mics where anyone with learned, how I changed or did not, enough nerve gets up on the little Social media notice and why I felt the way I did. stage and talks. The age range of the for monthly Storytelling event The story of what I did today is storytellers was as wide as the profile not that I went to the grocery store of the audience. is being revolutionized by digital or nearly stepped in front of a car creativity and audience access and almost died. around the world. Online audiences have one powerful technique to cut Storytelling events often have Storytelling events off communicating—the dreaded themes and the storytellers are asked often have themes and “delete” button; tellers have to keep to respond to them. the storytellers are asked that very much in mind! The stories include “what kinds to respond to them. Storytelling fans have their side of adjustments people make in COVID to uphold, too, such as developing times to feel connected to others” their skills to find out about events, or “what COVID can do to us in ways keeping track of their favourite we never thought about before.” Like any performers, tellers storytellers, and deciding which ones need to publicize their work, through For a Connections theme, to follow. putting together a Facebook page, I recently told a story about how a website, an Instagram account, There are increasing information my mother (now long-gone from and sending good old email. sources and pages and pages of this earth) connects with me via announcements and invitations. s rainbows. Not that when I see a Even during COVID, decisions rainbow I know my mother is talking must be made about how to Marylee Stephenson, MA, PhD, to me; I’ve learned that I’m not alone communicate effectively with the is an EcoTraveller, Author, Storyteller, and that the connection with a dear target audience via interesting Curator of Gallery of Indian Art, person doesn’t die when that person content and attractive formatting Vancouver Fringe Festival Star, birder, is no longer living. and visuals. Today storytelling and photographer.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 23 COMMUNICATING THROUGH CREATIVITY

Lori McLeod

Al’s Art

or 30 years, Al Pearce “It was devastating,” Pat says, there is the risk of neglecting their “I wondered how we could do this. own health and well-being to keep worked as a social worker, His life had completely changed and up with the demands of care; many helping those who found with that mine, too. I sunk into a pit caregivers end up suffering from F of guilt and despair—guilt whenever depression and burnout due to the themselves in difficult life I thought of myself or crumbled constant stress of the needs placed circumstances. under the stress.” upon them. In 2018, however, his life was Fortunately, Pat realized early on turned upside down when he was For Al, simple things that to provide care to her husband, diagnosed with Lewy Body Dementia she needed to look after her own that came on rapidly following like expressing his thoughts health, too. She found support surgery for an unrelated condition. and emotions became through her dragon-boat team, Suddenly he was the one who needed a frustrating challenge… her choir, and caregiver support help, with his wife Pat thrust into the groups. She also found the Piercy role of full-time caregiver. Respite Hotel. The abrupt transition was not an Al and Pat’s experience is one Located in Victoria’s Hillside easy one. For Al, simple things like shared by an ever-growing number of Seniors Centre, the Piercy Respite expressing his thoughts and emotions families. As dementia rates continue Hotel makes life easier for up to became a frustrating challenge, while to rise, the burden of care falls to 50 families every month by providing Pat struggled to maintain her own families—the spouses, daughters, a “vacation” for seniors in need health and wellness amid providing and sons of those afflicted. For of 24-hour care and giving family around-the-clock care. spouses like Pat, now in her 70s, caregivers a much-needed break.

24 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 While care is provided by “It was a release,” Al explained. Island Health nurses and care “This is a medium for me to be able aids, the Hotel was initially created to express myself.” thanks to a generous donation It was also a way for Al to made to Eldercare Foundation. rediscover himself. Noticing the Donations to Eldercare continue excitement generated by his art, to provide funding for home-like Al realized it might be yet another furnishings, comfort items (like cozy opportunity to help others and he bed-covers), therapy equipment donated his favouriteLLP pieces to MACKENZIE FUJISAWA LLP (including special pads that help Eldercare Foundation to raise funds BARRISTERS & SOLICITORS protect residents with a high fall- for the Piercy Respite Hotel and risk from hip fractures) at the Hotel, other seniors who might need the as well as activities (like baking and care that he and Pat have enjoyed. Music Therapy) for the guests. Proud to be serving Says Pat, “In order to look after my husband long-term, the Piercy Soon after the start The Society, BC Notaries, provides the breaks I desperately need. Without it, we wouldn’t be of the pandemic and Their Clients with able to afford respite care, and (perhaps in response my own health would be at risk. to the bleak outlook he saw It’s truly a lifeline to me and it’s just • Motor vehicle accident so welcoming for him. Al says it’s on the nightly newscasts), like a second family. I can leave him Al began making art. claims; there knowing he’ll be safe and well taken care of, which allows me to relax and refuel.” While seniors with dementia • Real estate litigation; Thanks to the support they are often disregarded for the many receive from the Piercy, Al and Pat things they can no longer do, Al’s have been able to continue living art stands as a bright and cheerful together in their own home and reminder that they are still vibrant • Probate of estates; enjoy a good quality of life together. people, capable of learning and It isn’t always easy—the onset of creativity . . . and with a little COVID-19 and the temporary shut support from services like the Piercy down of the Hotel were particularly Respite Hotel . . . they can continue • Estate litigation; hard on them—but having Al a lifelong passion for helping others at home has allowed him the in need. s opportunity to learn new skills and Lori McLeod is Executive Director • Contract disputes. find new ways to help others in the of the Eldercare Foundation, Victoria. process. Soon after the start of the pandemic (perhaps in response to the bleak outlook he saw on the nightly newscasts), Al began making art. He’d never shown much interest in artistic endeavours throughout his life, but almost overnight he began filling the Pearce living room with vividly coloured pages, often QUANG T. BRIAN C. featuring inspirational phrases DUONG POSTON that instantly raised the spirits of passersby. Word of Al’s captivating 1600 – 1095 West Pender Street creations spread quickly through Vancouver, BC V6E 2M6 his neighbourhood and it wasn’t Phone: (604) 689-3281 long before CTV Vancouver Island Fax: (604) 685-6494 showcased his prolific and growing www.macfuj.com portfolio on their evening newscast.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 25 COMMUNICATING

Julia Menard It Only Takes One to Stop Fighting

©iStockphoto.com/Peopleimages ho doesn’t person can be you, then you become with the acronym SCARF for Status, curious about what you can do. Certainty, Autonomy, Relatedness, want better • What will start to bring you and Fairness. communicating? both back to a place where you • Status is the desire to be seen W as someone who is valuable, can reconnect and get on with The problem is, when we get into understanding each other and has worth, and can make an argument with someone, we usually finding innovative solutions? a contribution. don’t really feel like putting in the effort to resolve it. We would rather What I’m about to say sounds so • Certainty is the need to have swim across a lake full of alligators. simple, but it’s not easy. The most things be known or predictable. powerful thing you can do is listen • Autonomy is a need for That mindset is really our brains to the other person. There is a hitch, independence. tricking us. When we are stressed from however. You don’t want to repeat conflict, our brains cause our thinking • Relatedness is a need for back the blaming words or rigid connection. to become more rigid, blaming, and thinking that might be coming out • Fairness is fairly self-evident! black and white. We also become less of the other person’s mouth. than the best versions of ourselves. Those are the underlying Tune into the other person’s The same process happens to the motivators that drive our behaviours. other person, too. feelings and needs. When we can reflect back That level of consciousness is someone’s feelings and guess at what not a good basis for problem-solving. In conflict, the feelings their underlying need might be, we Someone has to shift the direction are often sad, mad, make the conversation more “vertical.” of the situation. and afraid. We get a chance to go deeper and Why not you? understand each other more. Bringing more understanding As a workplace conflict-resolver, Let’s start with feelings. coach, and trainer, I have been asked to conflict creates the opportunity • A feeling is not, for more possibilities to be unleashed by many people why they should be “You feel I’m stupid.” the ones to do something differently. for how to problem-solve. In that way, My answer? Because you want things • A feeling is some variation of sad, conflict can also become the gateway to be different! mad, glad, or afraid. to creativity and innovation as well as better and more meaningful In conflict, the feelings are often If you can accept responsibility relationships. for finding a way to do things sad, mad, and afraid. You can ask It all starts with your believing differently for a different result, you the other person, “Are you feeling it can take just one person to stop are halfway there . . . you have the frustrated by the way I’ve been the fighting—and that one person power. If you are waiting for someone handling the problem situation?” is you! s else to change, you might as well go What about needs? jump in that lake. Neuroscience journalist David Rock Julia Menard, MEd, is a mediator, If you believe it takes only one identified five fundamental human writer, podcaster, and principal at the person to stop the fighting, and that needs we all share. He named them On Conflict Leadership Institute.

26 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 BUSINESS TO BUSINESS

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Join us for a virtual

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BC Notaries Association is a proud sponsor of Breakfast to Remember.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 27 COMMUNICATING Aryan and Ishan Sablok

Whole-Body Listeners The bridge project question was to build a bridge structure solely out of popsicle sticks and glue, that was strong and aesthetically pleasing. The boys were to design a structure that utilized engineering technics such as X-shapes, ovals, and arches. n April of 2020, schools For us, learning from home was who were speaking. We learned how something we had never experienced important it is to listen to others across the province went before. With the assistance of our speak. We have learned to be whole- online. parents, friends, and teachers, body listeners. I however, we ended up learning a During our online meetings, For a lot of us kids, that was a lot of new communicating skills. we felt comfortable speaking. challenge. The only people we saw We learned to respect others while Instead of sitting in the back other than our immediate family they were communicating to us. of the classroom; we were eager members were made up of pixels. Instead of whispering to a friend or to share our thoughts, opinions, Sure, we had more leisure time and passing notes about what to play and questions. In online learning, the more time to spend at home, but at recess; we were present and teacher gave everyone in the class an it wasn’t easy at all. No sports, no attending to the teacher or students opportunity to speak and we felt okay playdates, no concerts, and worst speaking because we knew no one of all, no Vancouver Canucks games! would laugh at us or bring us down. It hit us like a wrecking ball . . . Although we weren’t in the Online learning became fun. we had no idea what was going on. classroom, almost all the We looked forward to our meetings Eventually, all of us got into projects we would have done and we got to do so many cool the groove, but it wasn’t a fun and at school could be done from projects from home. Although we pleasurable groove . . . it was more weren’t in the classroom, almost all like a stressful, baffling, and onerous home. Our parents, though, the projects we would have done at groove. The world had shifted and were a little weary of the school could be done from home. communicating had become entirely science projects! Our parents, though, were a little remote and virtual. weary of the science projects!

28 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 BC Notaries Speak Your Language Over 400 BC Notaries round our province offer a great many noncontentious legal services (see page 77) ©iStockphoto.com/Poula Thorsen in an impressive variety of languages.

Fall 2020 | Volume 29 Number 3 Published Quarterly by the BC Notaries Association ENGLISH

The Golden Gate Bridge 29 AFRIKAANS made of popsicle sticks and glue! years ARABIC Virtual learning during the BENGALI initial months of the COVID-19 BOSNIAN pandemic, was a mix of technical CANTONESE mishaps (our Internet kept going CHINESE down), short school days, and a lot CROATION of boredom! In between “classes,” DANISH we didn’t get to hang out with our DUTCH friends or play games. Hon. David Eby, QC, British Columbia’s Attorney General FARSI inside: Wills and Charitable Giving Although going to school is Publications Mail Agreement: 40010827 FIJIAN pretty fun, some kids might prefer FILIPINO Fall 2020 virtual- only school as it has fewer FLEMISH or shorter periods, specifically ad was sure FOOKIEN the extra-curricular classes, i.e., FRENCH swimming, P.E., drama, etc. surprised and GERMAN Working strictly from home honoured when GUJARATI also gave us more time to do our D HINDI assignments. We did not have to he looked inside the HUNGARIAN travel to and from school, saving us Fall Scrivener! We have ITALIAN from traffic and hearing our parents received many compliments JAPANESE (kindly) wave to other drivers! And we KOREAN got home-cooked meals all day! on the article about his MANDARIN We prefer attending school 90th birthday. The articles PERSIAN because we felt we learn better PORTUGUESE sitting live in front of the teacher. are great and, as always, POLISH We can hear the teacher better, the whole magazine is ROMANIAN see the board better, and meet interesting and informative. PUNJABI our friends. SERBIAN While online classes allow us Susan Tanco RUSSIAN to see the teacher and our friends SPANISH up close, you cannot see clear body SHANGHAINESE language, an important part of SWATOW communicating. SWAHILI In the virtual classroom, SWEDISH sometimes the audio and/or video SWISS GERMAN would cut out and we might have TAIWANESE missed key lessons. TAGALOG We are somewhat concerned TAOSHAN about going back to school now, TAMIL especially when we hear about URDU COVID-19 cases in other schools. s TELEGU Aryan (13) and Ishan (almost 10) TURKISH Sablok are in Grade 8 and Grade 4, Daughters Susan (L) and Sheryl UKRANIAN with Dad George Tanco respectively. VIETNAMESE

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 29 COMMUNICATING

Communicating: A Fine Art

Mary-Ann Mustonen-Hinds

t wasn’t easy for a small- And smile with your head You just can’t sit behind proudly held high when you walk. a computer, thinking people will town girl, born of poor It’s contagious. I guarantee it . . . be beating down your door for your but proud and intelligent people always smile back. business and your help. You have I to go out and earn it! immigrant parents, to make her Creative You just can’t sit behind mark on this planet. Be a part of the business a computer, thinking people community where you may spend Raised in Ucluelet, British over 12 hours a day. Participate Adaptable will be beating down your in local activities; join in and Columbia, I absorbed the wisdom my door for your business parents gave me . . . as an example, show you care. Listen to your Analytical the whispered advice that I could be and your help. You have clients when they are excited or anything I wanted to be. to go out and earn it! anxious or frightened about what they consider the daunting task Today’s successful real estate professional is committed to lifelong learning. And I did. I became a BC Notary of purchasing their first home. Public. I volunteered to help create the Put yourself in their shoes. UBC’s Continuing Professional Development Courses meet your needs. Fast-track to 1989 Business Improvement Association for our neighbourhood. We had to Fast-track to 2007 • Convenient online course format With my brand new Notary office at have all petitions translated into Joyce and Kingsway, I always made After a sabbatical year of sailing • Broad range of valuation and real estate business topics five different languages. It was no the Mediterranean, I took advantage sure that I unlocked the door each problem for me . . . having a Finnish • Guaranteed Appraisal Institute of Canada’s Continuing Professional Development credits morning, inviting clients in. Before of being able to work anywhere father and a Dutch mother, I could I wanted. As a result of the TILMA doing so, I would turn to my team, blend into any culture. It was a Business Development Series: Eight courses designed to provide practitioners with the smile, and say, “The show’s on, legislation, Notaries were no entrepreneurial and practical skills to establish and successfully operate a real estate business. fledging project at that time and the longer restricted to practise in everyone; let’s give it our best!” Association has really grown. designated areas.  Entrepreneurship and Small Business Development Fridays were for lunching with I was also on the Board of the my favourite mortgage managers, Neighbourhood Community Police I became a mobile Notary  Business Strategy: Managing a Profitable Real Estate Business promoting myself and gaining their Dept. That did indeed help me learn because I love to drive. Nothing  Succession Planning for Real Estate Professionals trust in my business. If I didn’t else changed. I still care and the inner workings of Robert’s Rules  Organizing and Financing a Real Estate Business make the effort, if I didn’t extend my of Order and it certainly didn’t hurt listen to the needs of my clients invitation to get together, they didn’t getting to know the police on the and communicate with the many  Accounting and Taxation Considerations for a Real Estate Business know I existed . . . they didn’t know neighbourhood beat. professionals involved in the non-  Marketing and Technology Considerations for a Real Estate Business the chance they were missing to litigious legal transactions in today’s utilize my Notary services. world.  Human Resources Management Considerations in Real Estate Depositing to the bank branches Communicating is the heart  Law and Ethical Considerations in Real Estate Business was also my job on Fridays. It of my business. Without it, I would gave me a chance to chat with my not be providing the service that my business neighbours and say “hi” to clients deserve. I’d be just a name the clients who made Joyce/Kingsway without a face. s To find out more, visit: their home. How can they know who realestate.ubc.ca/CPD you are if you don’t show your face Mary-Ann Mustonen-Hinds . . . show your face at least 9 times is a BC Notary who practises in the tel: 604.822.2227 / 1.877.775.7733 email: [email protected] or no one knows who you are. Mary-Ann and her husband Billy Hinds! Lower Mainland by appointment only.

30 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020

Scrivener-2018.indd 1 2/22/2018 5:42:48 PM Creative Adaptable Analytical

Today’s successful real estate professional is committed to lifelong learning. UBC’s Continuing Professional Development Courses meet your needs. • Convenient online course format • Broad range of valuation and real estate business topics • Guaranteed Appraisal Institute of Canada’s Continuing Professional Development credits

Business Development Series: Eight courses designed to provide practitioners with the entrepreneurial and practical skills to establish and successfully operate a real estate business.  Entrepreneurship and Small Business Development  Business Strategy: Managing a Profitable Real Estate Business  Succession Planning for Real Estate Professionals  Organizing and Financing a Real Estate Business  Accounting and Taxation Considerations for a Real Estate Business  Marketing and Technology Considerations for a Real Estate Business  Human Resources Management Considerations in Real Estate  Law and Ethical Considerations in Real Estate Business

To find out more, visit: realestate.ubc.ca/CPD tel: 604.822.2227 / 1.877.775.7733 email: [email protected]

Scrivener-2018.indd 1 2/22/2018 5:42:48 PM COMMUNICATING

Peter and Anne-Marie Brimacombe

Communicating Through the Power of Music Photo taken before COVID-19. everely traumatized at Music cannot “wake the dead,” Music cannot “wake the but so often it can wake what has a tender age, he withdrew dead,” but so often it can seemingly died within us. Sfrom the world. wake what has seemingly We are musicians, not music therapists, but we understand that He would eat, sleep, and follow died within us. the power and effect of music in some direction, but for years no itself is miraculous. It can bypass the words passed his lips. joyful moment—before the trauma. mind and go straight to the heart. Words of encouragement from His tears started to flow, followed The ways and means to communicate others and hugs of consolation failed by syllables and vowels then words. through music are exponential— to penetrate the solid armour he The long-awaited miracle occurred. perhaps infinite. wore. Some closest to him began He was coming back. Each of its elements, including to lose hope of his ever returning Many of us know inherently that melody, harmony, rhythm, tempo, to himself and to them. there is great power in music. Those instrumentation, and dynamic Then one day, quite by chance, working in music therapy have the expression, can be used in a he heard a woman sing a song and honour of seeing little miracles occur multitude of ways. They can then be his armour cracked. It was a song through music often, and even some combined together in other myriad he’d experienced early in life in a major miracles on very special days. ways and styles, enabling us to

32 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 express and experience our whole creed, ability, and economic range of emotions. Our greatest standing, enabling all to experience joy and our deepest sorrow can be and celebrate together what we hold Recovery expressed and then felt by others in common. through music. No wonder Leo Yet music also expresses and from mental Tolstoy described music as “the illustrates important differences. illness shorthand of emotion.” We each love different artists and Added to all that is the different musical forms and styles. is possible. opportunity to add words to the Our world is rich in the diversity of music as in song, enabling us music stemming from many cultures to communicate powerfully and and nationalities. What a great You can help. simultaneously to both the mind and opportunity it affords us for sharing the heart. with each other, learning from each other, and for cross-pollination When your clients take Another Amazing Aspect of Music (sometimes in music called the step of including Its power to communicate is not “crossover” or “fusion”). Coast Mental Health limited to or bound by geography Foundation in their Will, or time. Imagine a German musician they help ensure that no in the 1820s, composing a beautiful We love how music can melody, arranging it for a symphony be oblivious to differences matter what the landscape to perform, and adding voices to of colour, creed, ability, of mental health is like sing words from a chosen poem, in 20 years, 30 years, Ode to Joy. and economic standing, and beyond, Coast will Fast-forward to today, 2 centuries enabling all to experience be here to respond, later. Live performances and and celebrate together what improve, and save lives, recorded versions of Beethoven’s we hold in common. just as we have since 1972. 9th Symphony continue to be cherished by music lovers all over the We are fortunate to see in our world. It has been adapted to almost REACH! programs, how people’s every imaginable style of music: lives can be changed for the better Search iTunes for “Joyful, Joyful,” through music. Their self-esteem the hip hop finale in the movie and confidence grow as well as their Sister Act II with Whoopi Goldberg. respect and appreciation of others. Different types of music are Fast friendships are established effective in so many aspects of among some of the seemingly most our lives, from inspiring action, to unlikely candidates. Through our helping us to centre and heal. It is performances, our groups then Your legacy will ensure used to celebrate and commemorate communicate a spirit of positivity people like Matt can recover almost every significant individual to the greater community. Through from mental illness. and community event in our our new virtual sessions and lives—everywhere around the presentations, that reach is becoming world. Described as the “universal international. language,” music can also foster Bono, the Irish lead singer of the understanding and unite people in band U2, says, “Music can change the spite of major differences. world, because it can change people.” We experience this first-hand We agree. And, at a time when in West Coast Reach Association. there is much doubt and uncertainty REACH! groups bring people together in the world, it can be especially through music from such diverse Coast Mental Health Foundation relevant and important. s groups in the community as new Registration Number: 86150 8018 RR0001 immigrants and refugees, those who Peter and Anne-Marie Brimacombe Learn how to leave a are abled differently (aren’t we all?), are co-founders of West Coast Reach legacy gift to Coast Mental members of the street community, Association (REACH!), a registered Health Foundation. and everyone else who’d like to Canadian charity in Victoria that participate. celebrates diversity of ages, cultures, Contact Meghan Boswell 604.785.1910 | meghan.boswell@ and abilities through music and the We love how music can be coastmentalhealth.com oblivious to differences of colour, performing arts.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 33 COMMUNICATING

This collage was created by a 13-year-old participant in EFry’s JustKids program. Artwork by Cassandra by Artwork

34 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 COMMUNICATING

The Arts Help Vulnerable Women and Child Clients Karen McCluskey Process Trauma

he connection Cassandra agrees. “I have how the COVID-19 pandemic was always liked to draw and paint. impacting them. Youth then wrote between art and our Going through this program, my work about their creations. emotional expression has changed. I’m more confident “This picture represents what T now and feel more creative and ready is well-recognized. I am,” writes a 13-year-old creator to try different things.” who spends much of her time looking The many multifaceted arts after her siblings. (See opposite page.) therapy programs of the Greater • “I feel like a queen for helping Vancouver Elizabeth Fry Society Offered twice a week, my mom. (EFry), for vulnerable women and the arts program includes children, help clients process trauma • “Who knew?” is there because and invite new possibilities for healing. visual arts such as drawing, I felt like the virus just came. painting, and sculpture, Says Cassandra, a client in • “Confident” is there because EFry’s Rosedale residential addiction together with music, dance, I feel that is what I need to recovery program, “It’s really helpful. journaling, and meditation. be for my siblings to take care Addiction makes you lose the ability of them. to connect with yourself. Art helps • “Heartbreak” is because me be vulnerable and access feelings In addition to supporting women of what I feel for my mom. and emotions that I cannot through of all ages, through its JustKids • “Sweet,” “Shine,” and counselling.” initiative EFry supports child “Still Standing” are words Offered twice a week, the arts and youth clients struggling with I am proud of for being.” trauma. JustKids is an umbrella of program includes visual arts such All of EFry’s JustKids programs, services, and research as drawing, painting, and sculpture, programming is made possible projects specifically designed to together with music, dance, thanks to its donors. s journaling, and meditation. assist children and youth who have Karen McCluskey provides “We always start with a check- experienced parental addiction, in,” says Catherine Lamb, who leads homelessness, or incarceration. communications support for EFry. the Expressive Arts Therapy Program Fostering artistic expression is a for EFry. “Every woman comes in cornerstone of its Saturday Club Day with such a different experience. Camps and Blue Sky Summer Camps “Art helps me be vulnerable Different modes of expression work for children ages 6 to 17. and access feelings and best at various times. Therapeutic art During this year’s camps, a emotions that I cannot is not always pretty because you can particularly impactful exercise for the see the trauma on the page, but it is senior campers (ages 12 to 17) was through counselling.” very effective.” creating multimedia collages about

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 35 COMMUNICATING 6 New Year’s Resolutions for Better Digital Communications Jean Beale

s this year comes 5. Be Inquisitive to a close, many are  Ask your clients where Learn more about connecting with clients—from your clients! reflecting on what went they heard about you. A • Ask your clients where they heard well for our businesses in 2020 about you. • Post industry-related articles, ask and what needs extra attention questions, and request feedback. • Ask if they’d like to sign up going forward. Being yourself while still being for your email newsletter. professional is very engaging and • Ask if they have questions Due to the pandemic, 2020 gets more attention than “salesy” you can answer. provided the necessity for more comments. industries to really embrace technology Most people are on at least one for most of their communicating—and • Connect with people, “like,” social media platform, which one there are some best practices that are and comment on others’ posts do your customers use? Be on the well worth keeping long after physical to show your interest, and reply one where most of your clients are. to those who contact you. distancing is no longer required. 6. Be Consistent Take a look at these digital 3. Be Engaging And finally, communicating communicating resolutions to help The power and challenge of using consistently online is a habit that can you stay connected with clients and social media for your business is the be learned; you’ll soon be looking for prospects, grow your business, and need to grab people’s attention in opportunities to share your expertise build your brand in 2021. The best a crowded space. On Facebook for and get attention for your business. part is, they are not expensive or example, share engaging, interesting, • Try writing something short every difficult to do. Just set aside time or unique information—and include week or film a 2-minute video. to tackle some or all these resolutions a high-quality photo or graphic to and make a commitment to keep it help get noticed. Use Facebook to • Share a link to something going to measure the impact. share the more personal side of your interesting you’ve read and add your own comment. Resolutions for 2021 . . . business, too—by highlighting your team members or your community. • Keep a list of questions you 1. Be Helpful 4. Be Current are often asked or things you’ve Do you have a blog or email learned. newsletter? The most effective thing Things change—how about your you can do to get people interested in website? Now is a great time to • Ask your team members to your messages is to be useful. Share review every page of your site and contribute regularly, as well. your expertise by answering questions make needed updates. That will all become content you’re often asked or insights about • Is contact information current for your blog or newsletter or the industries with which you work. or are you now offering a service for The Scrivener or social media. 2. Be Authentic that hasn’t been added to the One interesting piece of content website yet? can be tweaked or shortened Are you on LinkedIn? That is by far the for publishing to multiple places • Has your team changed? best digital channel for networking. online. s Make sure your site reflects • Ensure that you have a current who you are today. and detailed personal profile set Jean Beale is a partner with Intersection up and start exploring. You’ll • Also, look up your free Google Digital, a Vancouver-based agency that find others in your industry . . . business listing and update it. develops and manages digital marketing clients, prospects, and aligned People are searching for you strategies that help organizations professionals there. online . . . what are they finding? connect with their audience.

36 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 COMMUNICATING There is, however, no language that expresses emotion more effectively The than the language of music A personal favourite of mine is “Backpfeifengesicht,” which is a face that is begging to be slapped. During Language COVID-19, we’ve experienced some wanderlust of epic proportions as we’ve been stuck at home, self-medicating with our Kummerspeck and all because of a few Leugners of Music (deniers) with Backpfeifensgesicht. Nice, right? Ambur Braid There is, however, no language that expresses emotion fter quite a few years singing Opera more effectively than the language of music. Human emotion is universal and when someone sets it to music, and having the great opportunity to live it can penetrate your being and your bones more than in many cities across the globe, I’ve come words. We all experience the same things—love, life, loss, A and death. We strive for the same things—health, love, across quite a few methods of communicating, fulfillment, and family. linguistic and otherwise. Each language has something to offer when Some languages are more helpful when it comes to communicating; French and English tend to have multiple clear and concise expression. My preference has always meanings and one can have more room for interpretation been German—a poetic language that can really get and German has the directness and clarity, but taking the point across, in both its directness and its poetry. a moment to really listen and read between the lines can Take for example, the word Kummerspeck, “weight gain teach you everything. s from emotional eating” which directly translates to “grief bacon” or the more infamous “wanderlust” which needs Ambur Braid no translation. Toronto, Frankfurt

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Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 37 COMMUNICATING

“Quotes and Misquotes” Peter Zablud, AM, RFD

uthors and public its 18th edition). Today, most people Indeed, it is remarkable to turn to Professor Google to seek out discover how many commonplace speakers have long appropriate aphorisms, witticisms, quotes and phrases that are taken since sought out and and quotes. for granted are misquotes or have A been incorrectly attributed or are relied upon the words and When using someone else’s words, however famous they may bogus or just flights of fancy. ideas of others to augment be, in the overwhelming majority of To “gild the lily” is a phrase and embellish their verbal and cases it is important to give proper wrongly attributed to Shakespeare. attribution. As a rule, correctly In The Life and Death of King John, written presentations. sourcing and crediting a quote isn’t the line from which the “quote” too difficult. But, to coin a phrase, is taken is found in Act 4 Scene For instance, the great Roman it can be a task full of traps and 2 of the play, when the Earl of orator and lawyer, Marcus Tullius pitfalls for the unwary. Salisbury remarks, “To gild refined Cicero, was widely renowned for his Merely because a saying or gold, to paint the lily…is wasteful use of literary allusions and quotations and ridiculous.” in his speeches and writings.1 a quote is written in a book or found online or has become a familiar part of the lexicon, does not mean it has been accurately quoted or properly attributed and has not been plagiarized. ©iStockphoto.com/Crisfotolux ©iStockphoto.com/yuriz In more recent times, until the advent of the Internet, tools of trade for most writers and speakers have included books of quotations such as Bartlett’s Familiar Quotations (now in

1 See, e.g., ML Clarke, “Ciceronian Oratory,” Greece & Rome [1945] (14), 72 Cicero

38 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 “Discretion is the better part have observed that over the years, a pun out of “horticulture,” she of valour” is another misquote from the public at large, including immediately responded, “You can the Bard’s works. In Act 5 Scene scholars, has become so accustomed lead a whore to culture but you can’t 4 of King Henry IV Part 1, Falstaff to seeing and hearing unvetted and make her think.” actually declares, “The better part unsourced quotations attributed Despite being responsible for of valour is discretion.” to famous or historically important a wealth of puns, witticisms, and “Pride goes before a fall” is figures, that when a quote is said quips, Mrs. Parker is quoted as to be by a well-known person, it is generally thought to be a direct quote 3 saying, “I am not witty and I am not from the Bible’s Book of Proverbs. automatically accepted as being so. funny. But I do have a reputation In the King James Bible, Chapter 16 The sayings, one-liners, and bon as a smarty pants…I hardly say verse 18 of Proverbs reads “Pride mots of the American humourist (and any of those clever things that have goeth before destruction and an one-time Nevada Notary) Mark Twain, been attributed to me. I wouldn’t haughty spirit before a fall.” have created a veritable goldmine of have time to earn a living if I said all 5 American folklore is a fount of quotes. A recent google search for those things.” material for presenters. Here as well, “Quotes by Mark Twain” unearthed Bogus quotes, wrongful care must be taken when choosing “about 22.9 million results” (in just attribution, and errors arising from quotes to use. 0.28 seconds). the ravages of time are not confined For example, the image of Paul to the USA. Similar issues abound in Revere atop his galloping horse It seems that George countries across the Atlantic. warning the community of the Washington’s biographer, Whether or not Queen Victoria approaching Redcoats is indelibly Parson Mason Locke Weems, ever said, “We are not amused,” etched into the American psyche. is now shrouded in mystery. Most books of quotes and Internet concocted the famous According to an undated English sites about quotes make it clear that “cherry tree” story about “Radio Times” report (found online Revere did not shout the warning, America’s first President. of course), it is possible that the “The British are coming!” Almost quote may have been misattributed invariably, however, they go on to to Queen Victoria and may actually assert that the warning was invented Mark Twain did not say or write have been something said [4 by Henry Wadsworth Longfellow and everything that has been attributed centuries previously] by Queen appears in his poem, Paul Revere’s to him. It is certain that he did Elizabeth I. In a 1976 interview, Ride. Neither the alleged warning nor not come up with the comment, Victoria’s grand-daughter Princess anything similar to it are found in the “There are three kinds of lies— Alice said that the Queen told her poem. lies, damned lies, and statistics” she had never uttered the immortal so often credited to him. The late line attributed to her. It seems that George Washington’s Dr. Peter M. Lee of York University biographer, Parson Mason Locke uncovered at least a dozen possible Britain’s wartime Prime Minister Weems, concocted the famous originators of that quote.4 Winston Churchill always denied “cherry tree” story about America’s that when he was First Lord of first President. He simply made up Nor was Mark Twain the author the Admiralty, he had said, this quote, which he attributed to the of the delightful remark (also wrongly “The only traditions of the Royal youthful Washington, “I cannot tell a attributed to Abraham Lincoln), Navy are rum, sodomy, and the lie, Pa; you know I cannot tell a lie. “Better to remain silent and be lash.” He did, however, confess I did cut it with my hatchet.”2 thought a fool than to speak out and to his private secretary that he remove all doubt.” 6 Ironically, that bogus quote that wished he had said it. is now almost always misquoted Dorothy Parker, New Yorker The caustic remark about Charles as “I cannot tell a lie. It was I who writer and queen of the fabled de Gaulle, “The hardest cross I have chopped down the cherry tree,” is “Algonquin” Round Table, was to bear is the Cross of Lorraine” accepted throughout the United reputed to be able to make a pun also attributed to Churchill, actually States as being genuine. out of any word. When approached appears to have been a remark by a cynic who asked her to make Two communications experts made by a British envoy to France, Sir Edward Spears.7 from Calvin University, Michigan, 3 Quentin Schultze and Randal Bytwerk, Plausible Quotations and Reverse Credibility in Online Vernacular Communities, 5 Found at Union, Where the Cherry Tree Grew: An Vol. 69 No. 2 (April 2012), 216. interview with Phillip Levy, [undated]. 6 See the International Churchill Society Found at 4 Peter M. Lee, Lies, Damned Lies and website (Prompted by the Wikipedia entry for Statistics (found at 7 Ibid.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 39 “Misquotations are the only quotations that are never misquoted.”

“Quality is never an accident; it is always the result of intelligent effort,” is a brilliant aphorism, often seen in articles about business and commercial matters. It is usually said to be by the 19th century English art critic and polymath John Ruskin. According to Dr. Christopher Donaldson of the Ruskin Research Centre at Lancaster University, although the idea expressed in the quotation has a “Ruskinian ring” to it, the words are not actually Ruskin’s.8 The medieval jurist and teacher, Bartolus of Sassoferrrato (1313– 1357), is considered to be the progenitor of the modern doctrine of Conflict of Laws. As noted by the translator of Bartolus’s classic treatise on the subject In the course of five hundred years, the simple principles which Bartolus laid down [in his treatise] became strangely warped and distorted. [Various scholars in Europe] drew singular conclusions from his expressed opinions and ascribed those conclusions to Bartolus himself.9 How better to finish this article than with a quote about misquotes— for which no source or context may readily be found. The English actor and author Hesketh Pearson is alleged to have said, “Misquotations are the only quotations that are never misquoted.” Did Pearson really say that and, if so, when, where, and why? s Since 2000, ABCsolutions has been a leader Professor Peter Zablud, AM, RFD, in Canada’s Anti-Money Laundering and Counter Terrorist is an Australian Lawyer and Notary and Financing compliance and training sector. the Director of Notarial Studies, Victoria University, Melbourne, Australia. AML support: • Staff training; 8 From an exchange of email correspondence • Biennial compliance reviews; with Dr. Donaldson on 20 October 2020. • Compliance officer training and professionalism; 9 Joseph Henry Beale, ed and trans. Bartolus • Designing compliance programs. on the Conflict of Laws, Harvard University Press (1914) Introduction, 10, (Quoting www.moneylaundering.ca | [email protected] | 613-283-2862 Armand Lainé from his book, Introduction au droit international privé, (1892) at 131).

40 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020

COMMUNICATING ABOUT TAXES

Andréa Agnoloni

The CRA and Your Taxes

©iStockphoto.com/bjdlzx s I was thinking of what Canadians by posing as Canada To avoid being the victim Revenue Agency employees, of those frauds, it is important to to write in the Winter threatening citizens with legal action know how CRA communicates with issue of The Scrivener, and possible arrest if they do not pay the taxpayers. It is also important A false non-existing debts. to know that you will never receive I received a call on my cell The frauds are delivered in a phone call from CRA threatening phone from the “Canada various ways—phone calls like the that you are the subject of a criminal Revenue Services.” one I received, email where you are investigation and possible arrest. advised you have a tax refund and If you owe income taxes, you may A recorded male voice with an you need to select the link provided receive a phone call from a tax authoritative and intimidating tone for further instructions, by mail, and collector, who may be aggressive tells me I am under investigation text. If you go to those links you are to get you to pay the debt, but will and, if I do not contact them, redirected to fraudulent websites. never say you will be arrested if you I will be prosecuted with criminal do not pay. charges and subject to arrest. I was Let’s review how CRA agents Let’s review how CRA agents instructed I had to press #1 and talk contact the taxpayers to contact the taxpayers to obtain to an agent. legitimate information. obtain legitimate information. I was curious and pressed 1. By Phone I was redirected to a call centre, definitely offshore. A person with The main objective of the CRA may phone the taxpayers for a foreign accent answered and fraudsters is to obtain your personal reasons mainly associated with continued with the script. information, social insurance number, processing tax returns. During bank account and credit card the calls, the agent will verify the I always wanted to do this numbers, and passport information, identity of the taxpayer by asking . . . I vented my deepest feelings, and then extract money from your for personal information such as full but I cannot repeat what I said! accounts. Do not click the links name, address, and social insurance It is a fact that scammers because that is how the scammers get number. When the identification is and fraudsters have been targeting access to your personal information. verified, they will ask questions about

42 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 By email CRA will never use CRA may be contacting taxpayers text messages or social by email to notify them that a Editor’s media to communicate… document or letter is available on the My Account, My Business Prefer Paperless? the tax return and any other question Account, or Represent a Client We will notify you by email when the (for accountants) portals. related to the items on the returns. magazine is posted online, quarterly. They can also ask about the status CRA may also email a link Please email of the account if there are tax arrears. to a CRA webpage, form, or [email protected]. The taxpayer should make sure publication to a taxpayer who the caller is indeed calling from CRA asked for that information during by asking for the name of the caller, a telephone call or meeting with work section, and office location. a CRA agent. That is the only type NEXT ISSUE of email that CRA sends to taxpayers The taxpayer can verify if the containing links. Spring 2021 caller indeed works for CRA or if he or she has been contacted by CRA will never use text messages CRA by calling 1-800-959-8281 or social media to communicate with for individuals or 1-800-959-5525 individual taxpayers. for businesses. If the call came The In-depth from a government program like It is also important to note that Employment Insurance, the number CRA will never do the following. Legal for verification is 1-866-864-5823. • Ask information about passport, By Mail health card, or driver’s licence. Education CRA will communicate by mail • Demand immediate payment by to send these documents. Interac, bitcoin, prepaid credit of BC Notaries • Notice of assessments cards, or gift cards from big retailers. • Notice of accounts and demand payment • Use aggressive language or • Requests to file tax returns threaten with arrest or sending police. • Letters to ask for information about items claimed on tax • Give or ask for personal returns, such as copies of RRSP information by email and ask you slips, donation slips, medical to click on a link. receipts, and foreign tax credits • Email you a link asking you • Letters to take legal action to complete an online form with if an unpaid debt is not repaid personal information or financial Article Deadline Letters to advise that CRA is details. •  February 14, 2021 commencing an audit • Send emails with a link and require more information to a tax refund. Advertising Deadline If taxpayers use the services March 10, 2021 of an accountant and the accountant • Set up a meeting in a public is an authorized representative, place to take payments. CRA will also communicate with CRA will communicate with To Send Photographs the accountant. The taxpayer taxpayers for a few reasons, to the Magazine . . . receiving a letter from CRA can mainly these. email your images to confirm with the accountant that [email protected]. the communication is legitimate. • There are tax arrears on the account and a collection office Please send photos at the original Every taxpayer has access to will call to discuss the file and size. Do not reduce or retouch. My Account or My Business Account when they can expect payment. on the CRA website. Any mail communication is also stored on the • Income tax returns have not [email protected] accounts; that is another way to verify been filed and CRA will issue www.bcnotaryassociation.ca that the mail received is legitimate. a request to file.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 43 • CRA is asking for supporting • Why is the caller pressuring me evidence of claims on the tax Why is the caller pressuring to act immediately? return and will ask for copies me to act immediately? • Did I file all the tax returns of receipts. In the last few and have I received a notice of years, we note that CRA is often When in doubt, there are a few steps assessment indicating tax is requesting copies of medical the taxpayer can take to ensure that it owed? receipts, donation receipts, large RRSP contributions, foreign tax is indeed CRA trying to communicate. • Have I received a letter from CRA credits claimed, and supporting • Check with the accountant to see on this subject? evidence of spousal support if the accountant also received a • Am I asked to provide information payments. letter from CRA; the accountant that is not related to the tax can check the account via • If the taxpayer is a business, return and that I would not give CRA may offer a meeting with Represent a Client to see if there in my tax return, i.e., passport a small business Liaison Officer. is any communication or request number, bank account details? for additional information. • CRA may communicate to obtain If a taxpayer thinks he or she • Confirm the tax status by supporting evidence of business may be the victim of fraud or has accessing My Account expenses claimed or GST input unknowingly provided personal or on the CRA website. tax credits claimed on GST financial information, the taxpayer is returns. For that purpose, CRA • If you are not able to access advised to immediately contact the will request copies of invoices the My Account portal, call police, the bank manager, and CRA and receipts. the CRA individual tax account so the taxpayer can take steps to balance automated service at stop any unlawful access to personal • If the business is subject to an 1-866-474-8272, to verify the accounts. s audit, CRA will communicate with tax account balance. the owner to provide information Andréa Agnoloni, CPA, CGA, Notary on the business and a series of Here are a few questions Public, is a Principal with EPR North records and documentation of taxpayers can ask themselves to Vancouver, an Independent Member the business. verify the legitimacy of the contacts. Firm of EPR Canada Group Inc.

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BC Notaries Association Volume 29 Number 4 Winter 2020 44 ScrivenerTABLE OF Ad CONTENTS / November 2020 1/2 Page Horizontal 7.5" x 4.75" COMMUNICATING Age, Disability, and Dementia-Friendly Communicating Sara Pon

f you are a legal The Representation Agreement risky. It is only when the adult does Act allows an adult to choose who not have decision-making capacity professional, you likely will make health care, personal care, that the representative or attorney interact with a number or routine financial decisions for the may be able to override the current I adult when the adult is incapable. wishes of the adult, depending on of older adults, people living Under this Act, a representative the specific circumstances, the with disabilities, or people must consult with the adult as much requirements in the legislation, and as possible. A representative must the provisions of the agreement. living with dementia in the comply with the adult’s wishes if it is The decision-maker must still comply course of your practice. reasonable to do so. with prior expressed wishes the adult made when capable. Having an age, disability, and Having an age, disability, Under the Health Care (Consent) dementia-friendly practice can help and Care Facility (Admission) your clients feel more comfortable, and dementia-friendly Act, if the adult does not have be more willing to use your services, practice can help your clients decision-making capacity for the and make your services more user- feel more comfortable, be health care decision and does not friendly for all people, regardless have a representative, the medical of age or ability. more willing to use your services, and make your professional can obtain substitute An age-, dementia-, and consent from a person on a disability-friendly practice covers services more user-friendly hierarchical list of possible temporary a range of practice considerations, for all people, regardless substitute decision-makers (TSDMs). including knowledge, in-person of age or ability. A TSDM must consult with the adult interactions, written materials, as much as possible. and the physical environment. There is no duty to comply with Such a practice will facilitate The Power of Attorney Act allows the adult’s current wishes, but the more effective communication an adult to choose a person to make TSDM must comply with the adult’s between practitioner and client. financial decisions for the adult, wishes expressed when the adult still The following strategies are also either after incapacity or before and had decision-making capacity. useful for substitute decision-makers after incapacity. An attorney must in fulfilling the decision-maker’s encourage the adult’s involvement in Under the Patients Property Act, duty to consult with the adult when decision-making and must take into if the adult does not have decision- making a decision that impacts the account the adult’s current wishes. making capacity and does not have older adult. There is, however, no duty to comply a representative or attorney appointed, with these wishes if the adult does the Court can appoint a committee Duty to Consult not have decision-making capacity. [comm-it-tay]. The committee has All types of substitute decision- For both a Representation a duty to encourage the adult’s makers have a duty to consult Agreement and a Power of Attorney, involvement in decision-making. with the adult. The exact if the adult still has decision-making responsibilities differ, however, capacity for the decision at issue, Knowledge and Language depending on the type of decision- the representative or attorney cannot There is significant social stigma maker. Effective communicating override the wishes of the adult. The around aging, disability, and strategies are important for adult is presumed capable and has a dementia. To have an age- and substitute decision-makers to right to make whatever decision the disability-friendly practice, you must effectively fulfill their duty to consult. adult wishes, even if it would seem avoid stereotypes.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 45 To avoid perpetuating • Maintain eye contact. stereotypes, How you interact with • Pay attention to non-verbal • avoid ageist language, including clients, how you conduct cues; people use gestures, body the terms aged and elderly; meetings, and what language, and action to express themselves. • avoid being patronizing or language you use can have protectionist as older adults know a big impact on a person Written Material what is best for themselves; with communicating When writing material for both print • recognize older adults are active and online, it is important to know participants in society; challenges or dementia. your audience. If the materials are • recognize older adults have a for other professionals, you may wide range of abilities, roles, and Other Ways to Maximize Client use professional language and be interests; and Capacity and Decision-making very detailed. If you are writing for Allow the client to bring a a client, especially a client who may • recognize older adults have •  supporter to help the client take be older or have a disability, it is unique values and lived important to write in an accessible experiences. in information and communicate wishes, unless this person may manner. Language can have a harmful be abusing or mistreating the The following tips can help ensure impact on people and contributes client. your material is accessible to anyone, to stigma and discrimination. The • Make sure your client has any no matter the person’s education or language around dementia and abilities. disability is often negative, focusing assistive devices needed, such on what has been lost and reducing as mobility aids, hearing aids, or • Write in plain language. memory assistive technology. people to labels. Language should • Minimize technical or be people-first, such as “person • Sit close to the client and avoid professional language, terms, living with dementia.” Be alert to sitting across a table. or jargon. what language you are using as it • Give the client plain-language can promote dignity and autonomy. • Limit the number of key points written information summarizing Keep in mind the term dementia you are making. what you have discussed. is not universal. You may need to • Put your key points first. learn what term is appropriate for • Break down information into the cultural group with which you are small, meaningful chunks. • Write in a direct manner. interacting. • Be flexible and patient. • Write in an active voice. In-Person Interactions • Allow the client time to ask • Write in short words, sentences, How you interact with clients, follow-up questions. and paragraphs. how you conduct meetings, and • Give the client extra time to make • Use real-life examples, but what language you use can have decisions. use examples sparingly and a big impact on a person with thoughtfully. communicating challenges or The language you use can impact dementia. This section will outline the ability of a person with reduced • Use person-centred language, strategies you can take when meeting capacity to understand information. such as person living with with clients in person, over the These are some strategies to increase dementia, person who uses a phone, or using video technology. comprehension, improve interactions, wheelchair. and be respectful and inclusive in the The way you design and present When scheduling meetings, way you communicate. choose a time of day that works a document can make it more best for the client. People living • Use plain language and avoid readable and understandable. with dementia may have times of jargon. • Use a larger font of at least day that are better for them to take • Use informal speech. 12 points. in information. That is most often earlier in the day, but it will differ • Avoid sarcasm. • Avoid italics, underlining, and capitalizing full words as much from person to person. If possible, • Avoid abbreviations. schedule extra time for the meeting as possible. • Summarize what you have told so you can give the client more • Use headings. time to process information, ask your client and allow the client Break material into smaller questions, and have a break. Hold time to correct anything. •  sections. meetings in a quiet location with few • Rephrase information if the client distractions. does not understand. • Space out paragraphs.

46 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 • Make use of blank space on the page. • Make paragraphs flush to the left Thousands of Allied Professionals and ragged on the right. in BC read The Scrivener. • Use visuals to illustrate your point, but be sparing and use a simple design. Spring Advertising Deadline: March 10 Websites should be designed so they are accessible for all people, regardless of ability. [email protected] Tips for Making Websites www.notaries.bc.ca More Accessible. • Make text easy to enlarge. • Use high-contrast colours. • Have information available in multiple formats, including text, audio, and visual formats. • Leave a lot of space around clickable targets. s Sara Pon is a Canadian Centre for Elder Law Legal Research Assistant. References The resources below are the sources used for this article. See the resources for additional information on age-and disability-friendly communication. • Public Health Agency of Canada, Age-Friendly Communication – Facts, Tips and Ideas, Catalogue No HP 25-11/2010E-PDF (Ottawa: Public Health Agency WESA has of Canada, 2010) made Trevor Todd is an old hat (and trusted • World Health Organization, “Global Age-friendly Cities: sweeping expert) at estate litigation who believes A Guide” (2007) changes. the new law is a game-changer- for • Alzheimer Society of Canada, his business and foryour inheritance. “Meaningful Engagement Call Trevor to get a jumpstart on of People with Dementia: A Resource Guide” (2015) the changes.a He knows them inside and out. Pluslot. he loves to listen and • Alzheimer Society of Canada, “First Responder Handbook” to talk- (2015) • Alzheimer Society of Canada, “Person-Centred Language Guidelines” (2017) • Kevin Smith, “Elder Law Toolkit” (Paper delivered at the Canadian Elder law Conference, Vancouver, 15 November 2019) [unpublished]

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 47 NEW YEAR’S RESOLUTIONS

Financial

iven the impact of the fund annual MER cost of 2 per cent or more, to an Exchange-Traded Fund current virus on the (ETF) or Index fund structure costing Peter Dolezal economic welfare of no more than 0.5 per cent annually, G the 1.5 per cent difference becomes the world, and the uncertain an immediate and lasting addition Income holdings is crucial to timing of a return to “normal” to total returns, regardless of market minimizing long-term investment performance. risk. Although age and proximity . . . socially, politically, and to retirement are important factors in this decision, they are economically, there has never Since we cannot reasonably only part of the equation. Other been a more propitious time predict the long-term factors, such as the existence of workplace pensions and to re-examine our financial performance…we are wise the degree of required capital investments, with a view to to broadly diversify our drawdown, should also be key minimizing investment risk. investments. considerations. If an investor structures his Two major areas of investment-risk Solid Yields or her portfolios in a manner exist. that minimizes fully controllable Most well-structured portfolios should investment risks, a solid “Couch 1. Periodic market volatility, including be able to deliver a highly predictable Potato” investment structure should occasional “Bear Markets”; dividend and interest income stream result—requiring little, if any, ongoing an investor has absolutely of at least 3 per cent annually. If tinkering. no control over the timing or our realistic Total Return target is to magnitude of such market moves. average 6 per cent annually over the Aside from periodic rebalancing 2. Controllable risks that are long term, fully 50 per cent of our to return each investment to its very much in the hands of the objective is in hand from the income original percentage allocations, the investor. alone, with only 3 per cent required optimal ongoing strategy is to make from capital appreciation. minimal changes. a. Minimization of the annual holding cost of portfolios Broad Diversification Investors may say, “easier said than done.” Surprisingly, all the b. Selection of products with Since we cannot reasonably predict the long-term performance of key risk-minimizing objectives can solid and consistent income be achieved through the exclusive streams (yield) individual corporations, market sectors, or geographic areas, we use of Exchange Traded Funds c. Employment of extensive are wise to broadly diversify our (ETFs) that are broadly available product, sector, and investments. in all sectors and geographic areas. geographic diversification Ideally, specific product choices Currency Hedging are best made in the context of d. Utilization of currency a comprehensive Financial Plan, hedging strategies While significant foreign holdings such as in the U.S. and Europe are in which the Investment Plan e. Allocation of appropriate advisable diversification, we must component is only one, albeit very Equity/Fixed Income recognize that a major currency risk important, segment. s percentages accompanies such investments. Independent Financial Consultant ETF-based strategies that minimize Each of the following risks Peter Dolezal, who sells no products, that risk are available. is worth serious attention. is the author of a number of books, Holding Costs • Asset Class Allocation including his most recent Third Edition If you can reduce annual holding costs A carefully considered allocation of The SMART CANADIAN WEALTH- from, for example, a typical mutual between Equity and Fixed BUILDER.

48 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 NEW YEAR’S RESOLUTIONS

New Year’s Resolutions

©iStockphoto.com/ThomasVogel

Keep breathing How do we have a Lawyers are taught and remember to laugh. better experience in to make a lot of clever BC Notary this challenging chapter noise. Kate Greening of our lives? These Listening skills are Courtenay are not normal times not part of most law Kate Greening Tiffany Postler and I know people school curricula. can be very hard on As a law reformer, I don’t have any themselves when they’re struggling. however, I need to Resolutions this I think we need kindness and empathy Krista James hear about people’s year . . . pretty not just toward others, but for experiences in boring. ourselves. order to explore how to improve the legal system. My 2020 personal I have quit First it hurts, then it changes and professional growth resolution smoking you. was “listen better and deeper” and, and drinking To me, that describes this year. ironically, during my year of attentive already; all Strangely, before COVID, that idea listening, the universe offered I do is ride my was the basis for my 2020 New additional listening challenges— horse if I’m Year’s Resolution. I resolved to pandemic limits on gathering mean not working. continue working on my relationships, consultation is increasingly mediated Patti Thomson I’m living not just with loved ones, but with by video-conferencing software. the dream . . . I have no changes other aspects of my life like health, to make!! Not surprisingly perhaps, on BC Notary money, and nature. The pandemic the way to thinking about better Patti Thomson flipped my New Year’s Resolution listening, I realized I was talking on its head, forcing me to get Cowichan Lake too much. I discovered that some creative with the way I maintained people need a lot of silence to speak relationships once social-distancing up. I also learned that moments of Continue measures were in place. silence reduce the cognitive load for to have the This year has been hard on all of many listeners, such as immigrants courage us. When I make a New Year’s and people living with dementia. to suck at Resolution, it’s never to stop They hear me better when I resist something something, it’s always to start the impulse to fill empty silence with something. Going into 2021, I am more words. So for 2021, I am still new. going to build on my resolution for meditating on listening, but I am Riaz Meghji 2020 and start encouraging the also considering how to strategically Human people in my life to give themselves leverage silence. Connection more love and understanding. Krista James, National Director Keynote Tiffany Postler Canadian Centre for Elder Law Riaz Meghji Speaker DoProcess Coast Salish Territories

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 49 NEW YEAR’S RESOLUTIONS

RESOLUTIONS FOR A GREENER 2021 Stephanie Butler Dreaming of a Greener Future?

©iStockphoto.com/Surasak Suwanmake anadians are some Transportation and Travel Get educated on of the heaviest 8. While cars are useful, they climate solutions. aren’t necessary for every trip. emitters of climate- Two books to get started: For quick errands and visits, C try cycling, walking, rolling, or altering greenhouse gases Drawdown by Paul Hawken using a scooter. (GHGs). According to and All We Can Save 9. If you live in an urban area, Climate Transparency’s 2020 by Ayana Elizabeth Johnson use public transportation for trips report, Canadians generate and Katharine Wilkinson. downtown. No parking fees! 19 tonnes of CO equivalent 10. Air travel is one of the fastest- 2 Home Energy growing sources of carbon per capita—nearly three times pollution. Take vacations close 1. Get a home energy audit to to home. If you absolutely must the G20 average of 7.32 tonnes learn about your home’s energy fly, purchase carbon offsets from per capita. consumption (and waste). a reputable company. 2. Seal up cracks around your Food and Diet Curbing the impacts of global windows, doors. heating will take both system-wide 11. Make vegetarian meals a part of your regular routine. changes to energy and financial 3. Wash your clothes in cold water and hang your laundry to dry. (Start with meatless Mondays policies, as well as individual- and increase gradually.) level changes to behaviour and 4. Switch to LED lighting. 12. Reduce food waste by planning consumption. 5. Use a programmable thermostat meals, eating leftovers, and The good news is that many to turn down your heat overnight, buying only what you need. of the changes Canadians can take in rooms you don’t use often, and 13. If you eat meat, choose local, to bring down emissions have when you’re away from home. organic options and opt for smaller additional benefits—they can save 6. If you’re replacing appliances, opt portions. If you like cheese, enjoy us money, improve our health, and for electric (not gas) and look for it as an occasional treat. increase social and community the Energy Star logo. 14. Buy from local farmers and, if you can, grow some of your connections. 7. Do the math on home-energy own vegetables. This list includes 20+ ideas upgrades like an electric air- source heat pump, higher-quality 15. Learn how to preserve fruits for (doable!) New Year’s Resolutions insulation, or energy-efficient and vegetables when they’re for reducing emissions, saving energy, windows. Visit betterhomesbc in season—freezing, canning, and taking action on climate change. for tips and rebates. pickling.

50 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 Lifestyle and Consumption 16. Build a capsule wardrobe of higher-quality clothing. Natural fibres (cotton, wool, silk) are easier to repair and don’t shed microplastics when washed. Every day. 17. Do you really need to buy it new? Borrow, share, or buy second-hand. Every matter. 18. Get in the habit of reusing, swapping, upcycling, gifting, and donating. Sending items to We’re here for you. a landfill should be a last resort (there’s no such thing as “away”). 19. Learn how to repair and maintain household items and small appliances—there’s a YouTube video for everything! 20. Buy local; Amazon doesn’t need Powerful and flexible conveyancing, your money. If you must shop designed by and for BC legal professionals online, select a slower delivery option to help delivery companies plan more efficient routes.

Learning and Advocacy www.doprocess.com/prosuite 21. Spend time in local parks. Learn about the plants and animals that live near you. 22. Learn about the history of the land you live on . . . traditional territories, cultural sites, local First Nations. 23. Get educated on climate SO CLOSE solutions. Two books to get started: Drawdown by Paul AND YET SO FAR Hawken and All We Can Save The desperate feeling of isolation that we can by Ayana Elizabeth Johnson and all experience during our day is a constant state for so many of the elderly in our Katharine Wilkinson. community. Isolated from loved ones and even from each other, with no 24. Get politically active. Support relief from the loneliness caused sustainable policies by voting, by the pandemic in sight. writing to elected officials, and Will you help provide technology talking to neighbours and friends. to allow vital connections to family and the outside world? 25. Volunteer for a local watershed Can you help by sponsoring or conservation group. individual or small cohort activities to enhance health? 26. If you’re on social media. follow Might you help purchase specialized environmental organizations equipment to maintain strength and mobility? and influencers. Like, share, and comment on their posts. (That helps others see them.) 27. Join a local zero-waste or a buy-nothing Facebook Please help - “I can’t wait for the day when group. Don’t have one in your Donate today. I don’t have to miss you anymore.” community? Get started! s

Stephanie Butler is a reader www.gvef.org • 250-370-5664 • 1454 Hillside Ave, Victoria, BC V8T 2B7 of The Scrivener. Registered Charity #898816095RR0001

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.caEldercare Foundation • So Close ( Edna ) TABLE OF CONTENTS Scrivener - 4.9”w X 4.75” h - Full colour 51 prepared by Art Department Design 250 381-4290 Created: November 2020 NEW YEAR’S RESOLUTIONS

TRANSFORM THE FAMILY JUSTICE SYSTEM A New Year’s Resolution Jane Morley, QC

think we would all a lawyer by your side. Very few Notaries are in a good position families with family justice issues to really understand how access to agree that family is actually end up in Court. Access justice is not just about process; the cornerstone of our to justice is also about dispute it is about creating the conditions “I resolution outside of Court; it is that allow people to live a good communities, of our society, about dispute containment and life.1 In the family justice system, and of our country. dispute avoidance and it is about improving access to justice means legal health promotion—empowering designing a system that promotes And yet our family justice people to access the many benefits family well-being. After many years system needs to make a profound that the law can confer. of talk, now is the time to move forward on this. shift. We cannot ignore the science. We are beyond the time This is a call for action Access to Justice BC (A2JBC) of incremental change. It is time to and what better time is a collaboration of justice sector positively support families at their than at the beginning stakeholders that have aligned around the Access to Justice Triple time of greatest need, a time of grief of a New Year, when we Aim. https://accesstojusticebc.ca/ and restructuring, by transforming the are making New Year’s the-a2j-triple-aim/. Notaries are an family justice system to support family Resolutions, to respond important part of the justice sector, well-being.” who through their organizations— to that call. The Notary Foundation, The Society Nancy Cameron, QC, of Notaries of BC, and the at the BC/Yukon Colloquium on BC Notaries serve families and BC Notaries Association—have Transforming the Family Justice many of the families they serve are endorsed the Triple Aim. System, November 23, 2020 simultaneously experiencing family This is a call for action and what justice issues. That puts Notaries In October 2019, the Access better time than at the beginning on the front-line when it comes to Justice BC (A2JBC) Leadership of a New Year, when we are making to transforming the family justice Group committed to addressing the New Year’s Resolutions, to respond system. Notaries are right there at negative impacts on child well-being to that call. Together let us resolve the intersection between families when families are interacting with to transform the family justice system and the justice system. They observe the family justice system. It directed so that it works better for families. the challenges of families trying that a “practical” leadership plan be to manage family justice issues. developed for A2JBC to meet this Richard Susskind in his recent commitment. book, Online Courts and the Future While Notaries cannot provide legal advice on family law, they can refer of Justice, advocates for a broader families to where they need to go for view of the justice system and of help, when they need that help. They 1 Farrow, Trevor C.W. “What is Access to access to justice. Justice?” Osgoode Hall Law Journal, Volume can also provide other supports for 51, Issue 3 (Spring 2014), at pp 970-972, Access to justice is about more family members that do not require available online at: http://digitalcommons. than getting your day in Court with being a member of the Law Society. osgoode.yorku.ca/ohlj/vol51/iss3/10

52 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 A working group report, and community actors outside the https://m5k.dc7.myftpupload.com/ justice system. wp-content/uploads/2020/11/ In her call for action, Nancy Report-A2JBC-Family-Justice- Cameron warns us not to ignore the Leadership-Strategy-November- science. We are paying attention. 2020-final.pdf, was recently The TFJS Collaborative will ground presented to the A2JBC Leadership itself in the established scientific Group. It makes recommendations evidence about healthy brain for the first phase of an A2JBC development, Adverse Childhood leadership plan. Experiences, and Resilience. Families The report recommends that dealing with family justice issues often A2JBC lead a collaborative directed experience toxic levels of stress that at transforming the family justice have an immediate adverse health system by focusing on family well- impact on all family members and being. The “Transform the Family risk long-term negative consequences, Justice System” (TFJS) Collaborative particularly for the children. will coordinate the efforts of the The adversarial paradigm, upon many organizations and individuals which the Court system is based, (both in the justice sector and tends to exacerbate this stress. The across other sectors) needed to good news is that something can make this transformation happen. It be done to ameliorate the negative encourages innovative activities at impacts: The toxic stress can be both the community and provincial reduced; the resilience of children level, and integration with family- and adults can be strengthened; and focused policies and programs in family members can be supported share our other sectors. It is a plan in which through family transitions and Notaries can participate . . . on their stressful family situations. Notaries own and in collaboration with others have a role to play in this. Commitment in their communities. The journey toward transforming The road to transformation of the the family justice system has The Animal Welfare Foundation family justice system starts with a already begun in BC. To reach of Canada aims to improve the shift away from concentrating on the the goal requires many people lives of animals by allocating system itself, to making child, youth, and organizations aligning around donor funds to worthy animal and family well-being the focus—the common strategic objectives, welfare charities conducting North Star that guides decision- coordinating activities, and assessing innovative educational, research making along the way. This paradigm success by using shared measures. and public outreach initiatives. shift leads to understanding the Please make it your New Year’s family justice system as part of Resolution to join in this initiative. s You can share in this commitment a larger supportive ecosystem through a donation or bequest to involving health, education, and Jane Morley, QC, is Strategic AWFC. To learn more, please visit other societal systems and provincial Coordinator, Access to Justice BC. www.awfc.ca.

Figure 1: Family Justice Paradigm Shift

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Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 53 2021 SPONSORSHIP OPPORTUNITIES

If you are looking to provide information on your products and services to the legal community of BC Notaries, please consider becoming a sponsor of the BCNA and we can work together to help build the profile of your organization. Notaries provide legal services on a wide range of non-contentious legal matters, including real estate transfers, wills and advanced healthcare planning, powers of attorney, mortgage refinancing, and other important legal documents. Join us as a partner of the BCNA today!

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SPONSOR ITEMS & BENEFITS Email Marketing Communications to All BCNA Members Branded Email Ads Email Banner Inclusion Survey Opportunity with BCNA Membership BCNA Website Promotion -Public and Members Website Feature Articles on Member Website Logo Placement on Public Website Lunch and Learn Seminar Sessions Dedicated Sponsor Session Survey and Interactive Polling Option Annual Virtual Education Program Sponsorship 2021 Company profile feature - Registration Website Assigned Sponsored Education Session Please email Conference Guide Feature - Advertisement Nicola Fossett Scrivener Magazine Recognition 2021 [email protected] Gifting Opportunity to request detailed information on each sponsorship level and the benefits.

54 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 CONTINUING 2021 EDUCATION PROGRAM SAVE THE DATE - 16 & 17 APRIL 2021 6 EDUCATION CREDITS

REGISTRATION OPENS FEB 2021 WE LOOK FORWARD TO WELCOMING YOU TO OUR BCNA 2021 VIRTUAL CONTINUING EDUCATION PROGRAM PRELIMINARY PROGRAM

1.Estate Planning 2. PAL Updates 3. Risk Management

4. Survey Plans 5. LTSA 6. Builders Lien Act

PLEASE NOTE, MORE DETAIL TO FOLLOW. EDUCATIONAL PROGRAM IS SUBJECT TO CHANGE. BCNA MEMBER & NON-MEMBER PRICING WILL APPLY.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 55 PROFILE OF A BC NOTARY

Showcasing the Winners of the Prestigious Dr. Bernard W. Hoeter Award Year 2019 BC Notary Ernie Kliever

orn and raised in mountain biking The idea of becoming association. On Scott’s Chilliwack, British a Notary really resonated recommendation, Columbia, I grew up I started to look into B with me . . . the idea of becoming in a family of 5 with 2 younger a Notary; it looked like siblings. In my years working with Scott a great career. The idea a multidisciplinary team made up Simpson of becoming a Notary Chilliwack is a great community. of Physiotherapists, Occupational really resonated with We are at the doorstep of beautiful Therapists, Clinical Counsellors, me . . . it was a career where I could mountains, rivers, and lakes, with Surgeons, and Doctors, I had the help people with some of the biggest a number of trails to ride and hike. opportunity to help clients manage milestones in their lives and it offered I spent most of my youth exploring their rehabilitation with issues an opportunity to create life-long those areas. such as musculoskeletal injuries, professional relationships with people chemotherapy, clinical depression, Like most kids, I didn’t have in my community. concussions, and traumatic brain a clue about what I wanted to be Being part of the community and injuries, to name a few. It was a very when I grew up. I had hopes of giving back was also very important enjoyable time. engineering and architecture but to me. that later changed into pursuing a I needed a change, however, career in medicine. After high school and started to investigate career graduation in 2006, I attended the options where I could help people. University of the Fraser Valley (UFV) Fellow mountain biker and as a Bachelor of Science student. BC Notary Scott Simpson and I got After a few semesters I found to know each other through biking I was not interested in chemistry and volunteer work with the local or genetics or physics, decided to switch programs, and completed my undergraduate degree in Kinesiology. I really enjoyed the Kinesiology program; smaller class sizes allowed me to connect with professors and assist them with various research projects. After graduation I worked as a Kinesiologist in the WorkSafe BC return-to-work programs as well as in active rehabilitation for people Mountain biking with Cedar in the Emma and me at the MA ALS graduation who had been in a car accident. Chilliwack Community Forest, Spring 2020 ceremony at SFU, June 2019

56 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 When researching the Notary Award” in recognition of achieving on the Vedder River. Mountain biking program, I was inspired by all the the highest marks on all the Notarial is my first passion, I’m an avid trail stories about BC Notaries making Statutory Examinations. It was builder and rider. Often, I’m up in a difference in their communities. rewarding to see that my hard work the woods exploring on my mountain I saw the Notary career as something and studying had indeed paid off. bike or lending a hand to fix up that offered the opportunity to our local trails. I really enjoy my work as a Notary balance work with my passion Public. One of the most important With the Vedder Mountain Trails for volunteering in the community. aspects of the job is helping people, Association, I worked with a group I have always been able to apply a big part of the criteria when I was for 15 years to help legalize and myself and excel in academics but deciding on a new career option. protect recreational hiking, mountain the Notary program biking, and horseback and motorized was challenging for Every day I get to meet people trails here in Chilliwack. We were able me. Coming from a in the community and help them to designate 3200 hectares of forest physiology and medical with anything from buying their first as an Interpretive Forest that background, trying to home, to helping and advising them recognizes recreational interests and wrap my head around about their personal planning. Each helps protect them from industry and law was a bit of an day is something new, often with closures. It included over 180 trails Franca undertaking. While unexpected challenges that lead to spanning more than 220 kilometres. Muraca doing some research and coming up our SFU cohort was As a Board member and completing the program, friend with an answer. It is a career where you are always learning something President of the Fraser Valley and Notary Franca Muraca often Mountain Biker’s Association, described the program as “trying new, which really keeps things interesting. I helped support ongoing projects to drink water out of a fire hose.” to legitimize local trail networks and I think that is a pretty accurate I’m not currently a mentor but it worked with a team of dedicated depiction. The learning curve was is something I would welcome; I like volunteers to re-establish one of extremely steep and the information learning new things and teaching the oldest cross-country mountain was overwhelming at times; it can be people. I’ve worked as a tutor before bike races in North America— very difficult to manage it all while and enjoyed it. In the Notary career, “The Vedder Mountain Classic,” still working full-time. there is just so much to know. Part a must-do for locals and mountain I knew that if I wanted to succeed, of us all working together as Notaries bikers across the province! in BC is to share our experiences so I would need to really focus and put in This year in particular, I am into we can learn from one another. the hours. I reduced my hours at work woodworking and organic gardening. and focused my attention on studying I enjoy spending my free time That has Emma and I itching to the law material. My strategy was outdoors with my wife Emma and our buy a hobby farm somewhere in simply to ensure I passed the statutory Border Collie Cedar. When I am not Chilliwack in the future. The most exams. I certainly did not set my working, I’m usually out mountain important thing in my life is spending sights on the prestigious Hoeter award; biking, camping, or fishing down time with family and friends. s when my name was called, I was in complete shock. I was honoured to win both the “20th Annual Stanley J. Nicol Award” in recognition of achieving the highest combined marks on the Notarial Procedures Examination and the “32nd Annual Bernard W. Hoeter

Cedar and me at the top of Mount Cheam in Chilliwack, Summer 2020 Emma, Cedar, and me ice-fishing at Tunkwa Lake Resort, Winter 2019

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 57 WHERE ARE THEY NOW?

Bill Todd, Retired. Long-time “Ambassador” for Stewart Title

OVID–19 . . . WOW! I was all set to go on a 2-week Danube River cruise toC visit the beautiful cities of Vienna and Budapest. Who knows when we’ll all be able to travel again . . . ? In 16 great years with Stewart Title, I gained many friends and developed lasting relationships with many BC Notaries. I had wonderful times at the BC Notaries’ Annual Conferences and golf tournaments. With Stewart’s Jennifer McKay and Amanda Magee This year, golf has been very limited but my children purchased a putting green for my deck. Watch out, Wayne and Ken!

This year, golf has been very limited but my children purchased a putting green for my deck. Watch out, Wayne and Ken! As an elder in my church, I have been busy with several Zoom meetings a week. We offer companionship over the phone, coordinate grocery shopping, and ensure everyone’s well-being. Our goal is to lift morale and spirits, especially with seniors during these unprecedented times. Bill and Wayne Braid at the BC Notaries Here’s to the next chapter Conference in Victoria, 2005 of my life! s Bill and Wayne, 2018

58 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 Who owns what?

The Land Owner Transparency Registry records information about who has an indirect interest in BC land. Find out more at landtransparency.ca.

LOTR – Farm – The Scrivener 16 OCT 2020 Final size: 100% FILE NAME: FINAL SIZE: COLOURS: LOTR_Farm_TheScrivener_FP_8.75x11.25_FINAL 8.25" x 11" C M Y K

CLIENT: BLEED: FONTS: Land Owner Transparency Registry 8.75" x 11.25" Mont

PUBLICATION: PAGE: The Scrivener

NOTES: FULL PUNCH 240—440 West Hastings Street +1 604 910 0744 Vancouver, BC Canada V6B 1L1 [email protected] End of an Era

Wayne Braid

n overused John would regale me with stories of Notary Conferences that phrase this year is he and his wife Betty attended in “because of COVID.” various parts of BC; in particular, A he had great stories and memories Because of COVID, I watched of conferences at Harrison Hot the November 11th Remembrance Springs and always said the best Day program on TV that was Notary Conference ever was held broadcast from our Nation’s Capital. in Dawson Creek. As I listened to the commentators and Up until the time he had to the guests speak to move out of his home (at age 93!), us and remember the in an album that contained photos past, Dr. Bernard Hoeter of his family . . . he had a photo came to my mind. He John Salvador (my father-in-law) of Bernard and other Notaries posing at the Alaska Highway Mile Post sign was Secretary of The became a Notary in the early 1960s, in Dawson Creek. It always impressed Dr. Hoeter Society of Notaries joining Larry Stevens Sr. in his practice Public of BC from 1969 to 1986. me that his Notary colleagues were in Coquitlam; within a so important to him. During my visits with Dr. H, few years, John moved he would often encourage me his Notary practice to In 1986, John retired after about how important it was to Sidney where he was welcoming his daughter Laurie as a honour our previous Notaries and also an insurance agent Notary to his practice, along with her business their contributions from the past. and had a real estate He would talk about some of his partner Susan Davis Larry Stevens office. Notary friends who had either retired (Mercer). Even 25 years or died. He talked about Roy Bishop; As his Notary practice grew, later, people would call Alex Matthew; Gerry Dupuis, father John sold his insurance and real into the office and ask estate business and practised only of Notary Chris Dupuis; and many Laurie for John! of The Society Presidents with whom as a Notary. He soon became the Salvador In his retirement, Hoeter served. go-to Notary in Sidney, known for his wise advice, his reasonable fees, John enjoyed golf and These past few months have and his generosity. fishing the waters of seen us lose two more long-time Sidney Spit and the Gulf members—men who were Notaries During the years I knew John, Islands in his boat; he during the “Hoeter Era.” he would tell me stories of numerous volunteered and was celebrities and very wealthy people involved in Rotary and who would use his services, Susan Davis Probus and was on particularly those who had vacation (Mercer) the Board of the local or second homes on SaltSpring Hospital Foundation. Island. As some of these individuals aged, John would become their Following hip surgery, he advocate and legal advisor; he would developed mobility issues so we Roy Bishop Alex Matthew take care of many of their needs. found him a motor scooter.

60 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 While I was Secretary of The Society, Frank wanted to keep in touch with what was going on in the Notary World…

Frank Kitto was a long-time Notary in Victoria with a practice on Fort Street. He eventually practised there with Leta Best who became President of The Society. Frank retired from practice at the age of Leta Best 60 to the dismay of his many clients. While I was Secretary of The Society, Frank wanted to keep in touch with what was going on in the Notary World and would call me Notary Conference in Dawson Creek, 1983 to get updates. He really liked to tell me stories of the “old days” and the One day after getting his Not long after that, daughter Laurie wonderful Notary Conferences he groceries when he was in a crosswalk stopped in at his house; he was not attended during his career. He told downtown, a large dump truck did home but there was a business card me of his fondness for Dr. Hoeter and not see him and ran over him. The for the local scooter shop on his how they really enjoyed themselves at shocked driver said he did not know table. Laurie quickly phoned the shop those Conferences and how much he there was anything under his truck and asked if they had seen her dad; learned. until he saw a red flag on an antenna yes . . . he had just left in his brand- As many BC Notaries are, Frank knocking on his radiator. Poppa new red scooter. Independent into was very involved in his community had a broken pelvis and was badly his 90s was John! and had a great interest in stock-car bruised and cut up. He took more John died on October 30 this racing in the late ‘50s and early ‘60s. than a few months to heal. year, just 6 weeks from his 96th In 1985 he was inducted into the When out of hospital, John birthday. He loved being a Notary Victoria Auto Racing Hall of Fame. wanted a new scooter. ICBC said he and read The Scrivener magazine Frank owned a 1933 Chevy Coupe needed to learn not to drive on the from cover-to-cover, right up until stock car that he raced for many roads and to learn to shoulder-check. his passing. years in Victoria. He went on to become the Pit Boss at Western Speedway, known for his fairness and level-headed decisions. Frank died in Victoria at age 88 on September 7, 2020. s Wayne Braid is the former CEO/Secretary of The Society of Notaries Public. Photo credit: Laurie Salvador Laurie credit: Photo Big Truck vs. John Salvador Frank is in the middle

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 61 ORIGINAL RECIPES

Laurie Salvador

Gnocchi Photo: Laurie Salvador them take on water, which we don’t Vegetarian • Dairy Free I remember learning how want. Drain and cool on paper towel. Inexpensive • Takes a little effort Remove skins and press through to make them over the a potato ricer into a large bowl. shoulder of my Nonni. If you don’t have a ricer, try a sturdy nocchi is a favourite colander or a cheese grater. Add the egg yolk, salt, and in our house, especially Special Equipment with homemade 80% of the flour. Mix by hand. G Potato ricer, gnocchi board or Keep adding the remaining flour until tomato sauce. corrugated cardboard, micro-plane you have a mixture that is soft and grater. smooth, much like a bread dough. I remember learning Prep and Cooking Time: 1 hour how to make them On a floured workspace, roll over the shoulder of 2 lbs/1 kg Yukon Gold, purple a handful of the dough by hand my Nonni. She made it fingerling, or Russet potatoes: into a long rope about ½" thick. look so effortless and (4 medium) Make it as consistent in size as I loved the way she 1½ to 2 cups/120 to 240 gr all- possible. Cut the rope into 1" pieces. rolled them over a fork purpose or Double 00 flour If you have a gnocchi board, roll Nonni to make the grid marks the pieces gently over the board to 1 egg yolk that allow the sauce to cling to them. create little ridges, then set them 1 tsp/5 ml salt aside on a flour-dusted tray. If you You can make them ahead on don’t have a gnocchi board, gently 4 tbsp/60 ml finely grated parmesan a rainy day and freeze them for use roll them across the tines of a fork cheese (optional) plus a little for at a dinner party. They will keep for or a strip of corrugated cardboard. several months in the freezer. garnish Before you roll the entire batch, Yukon Gold potatoes are slightly 1 tbsp/15 ml melted butter freeze two for 15 minutes, then cook sweeter; I use them for gnocchi 1 tbsp/15 ml olive oil as a test. Put them in a pot of boiling served with a tomato sauce. I found salted water; when the gnocchi rise to incredible purple fingerling potatoes Black pepper the top, they are done. Cool and taste. in Keremeos this Summer (solanum Cook the unpeeled potatoes tuberosum . . . high in anti-oxidants in a large pot of salted water until • If the gnocchi are firm yet fluffy and potassium). They don’t bleed or tender. When testing to see if they and have not disintegrated in fade when you cook them and make are done, use the same potato the water, you have the right a stunning dish. because piercing them will make consistency.

62 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 That will depend entirely on the type of potato and how much water the potatoes absorbed during the initial cooking. • If the first two are a success, finish rolling and cutting the gnocchi and freeze them on a flour-dusted cookie tray. • If the gnocchi fall apart, add a little more egg and flour to your dough. Saffron Almond Once you are comfortable with the consistency, finish rolling and cutting them. Rest them on a clean tea towel and cover until they are Cake all made, to prevent them from drying out. Photo: Laurie Salvador 1 cup/235 ml white sugar Vegetarian • Dairy Free Traditionalists would cook the 4 small eggs (or 3 large eggs) gnocchi at this point, but I have had Gluten Free better results by freezing them on ½ cup/120 ml plain oat milk a tray, then transferring them to a his cake deserves a (substitute milk) container or plastic bag and keeping 1 tsp/5 ml vanilla paste them frozen until ready to use. standing ovation, it is (substitute vanilla extract) This recipe goes well with so moist and sumptuous. Grease and dust a 9” cakepan. T Line with parchment on the bottom a brown butter-sage sauce or A bit expensive to make, but gorgonzola sauce. and around the sides. worth every penny. Combine the dry ingredients Have your sauce warmed and in mixer bowl. In a separate bowl, ready to serve. Just before serving, My favourite drizzle for the cake is passion fruit syrup, made by whisk together the eggs, butter, and bring a large pot of salted water sugar until light and fluffy. Combine to a rolling boil. Break apart any simmering equal amounts of pure passion fruit juice and sugar down to the wet and dry ingredients a little gnocchi that are stuck together. at a time, then whisk on high speed In two batches, add the frozen a thick syrup. Use a tall pot; keep an eye on it so it doesn’t bubble over. until well combined. The batter may gnocchi to the boiling water and be runny. Pour the batter into the cook them for about 2 or 3 minutes. Garnish Suggestions prepared pan. As soon as they float to the top, they Sliced peaches, pears, or other are done. Bake 30 to 35 minutes, soft fruit depending on your oven and altitude. Using a slotted spoon, Whipped cream It is done when it is golden and transfer them to a paper towel. Passion fruit syrup springs back in the centre. Test with Melt a little butter and/or olive oil a toothpick to ensure the centre is in a skillet. Fry the gnocchi briefly Prep and Cooking Time: 1 hour set. Let cool. on all sides over medium heat. Preheat oven to 325° F. After 30 minutes, remove from Transfer to a warmed platter and 1½ cups/150 gr firmly packed pan by turning it upside-down on serve immediately with the sauce almond meal flour a cake platter wider than the cake. of your choice. Pinch of salt Before serving, add sliced fruit and drizzle with your favourite fruit Garnish with grated parmesan 1 tsp/5 ml baking powder cheese and cracked pepper, if syrup. Whipped cream can’t hurt desired. Frying them is optional but 1 tsp/5 ml baking soda either! I find it does help to firm them up. ½ cup/50 gr desiccated coconut Serves 8. s If this is a main course, allow 15 to 1 envelope of saffron powder Laurie Salvador is a semi-retired 20 per person. If it is a side dish, (1 tsp saffron threads, ground) allow 7 or 8 per person. Notary in Sidney, BC. These and other 2/3 cup/150 gr butter delicious Italian dishes are in Olive Me, Serves 6 to 8 people. s (substitute vegan butter) Laurie’s new cookbook.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 63 Building Better Communities, One Grant at a Time Hassan $57,955,184* El Masri The Board of Governors of The Notary David Foundation of BC is comprised of Watts • 8 members of the Board of Directors of The Society of Notaries Public of BC; • 1 representative from the Attorney General’s 50 MILLION Office in Victoria*; Jessie Vaid • 2 Directors-at-Large, appointed by the Attorney General**; and • the Executive Officer. 40 MILLION The members from The Society are elected Susan Tong by the Directors of The Society from among their ranks, for a 3-year period. Linda Caisley The Foundation Governors 30 MILLION David Watts, Chair Jessie Vaid Susan Tong Linda Caisley Kate Manvell * Lisa Nakamura Chris Dupuis ** Deborah Nelson 24 MILLION Kate Manvell Bill Anderson ** Raveen Seran Hassan El Masri *Lisa Nakamura 18 MILLION Todd McKendrick, Executive 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. Chris Dupuis Todd The Board of Governors meets 6 MILLION McKendrick **Deborah quarterly to consider applications Nelson for funding from various organizations and to set 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 Bill Anderson in its mandate to disperse the funds generated **Raveen by interest on BC Notaries’ Trust Accounts. Seran

The Notary Foundation funds are used for the following purposes. Funds earned to date from 1. Legal education BC Notaries’ Trust Accounts. 2. Legal research 3. Legal aid Total revenue 4. Education and Continuing Education for BC Notaries and applicants * who have enrolled to become BC Notaries to October 31, 2020 since inception 5. Establishment, operation, and maintainance of law libraries in BC 6. Contributions to the Special Fund established under the Notaries Act of BC

64 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 BCLI THE MiX Meet Karen Campbell Executive Director, BC Law Institute

he importance of law Systemic racism is another Key to our work is the deep cornerstone justice issue. commitment of legal professionals, reform as a tool to adapt Racism toward Indigenous, black, and academics, and community to changing societal needs people of colour in our communities partners to support our mission— T needs to be better addressed and whether through engagement in is more crucial than ever. requires law reform to respond to our law reform project committees, societal root causes. BC’s recent responding to consultation requests, As a lawyer who has practised passage of framework legislation to or by contributing to our Board and law in the public interest for more implement the UN Declaration on governance. We look forward to than 20 years in British Columbia, the Rights of Indigenous Peoples engaging current and new partners, I was delighted to join the British means that Indigenous perspectives our funders, and government Columbia Law Institute (BCLI), and considerations will need to agencies to expand our reach and as the new Executive Director factor directly into future law reform impact as an organization. last September. Joining BCLI is a initiatives in BC. wonderful opportunity to further my Planned or not, 2020 was passion of working toward clear and a time of rethinking and renewal. just legal frameworks for people and We are thankful to former lands in British Columbia. BCLI Executive Director Kathleen Cunningham, who spent well over The year 2020 has been like a decade with the organization, on no other; we are seeing profound project committees, on the Board, shifts in the way our world functions. and as my predecessor. As 2021 The COVID-19 pandemic has begins, we are eager to develop necessitated swift changes to the new projects and dig into new areas operations of our justice system that will contribute to equitable and and is adding new dimensions to innovative approaches to modernize the many areas where BCLI and its laws for the benefit of people division, the Canadian Centre for throughout British Columbia. Elder Law (CCEL), already make important contributions. BCLI has About BCLI and CCEL produced excellent legal research The British Columbia Law Institute for decades; my goals include Karen Campbell was created in 1997 by incorporation building our presence and continuing under the provincial Society Act. Having worked with settler and to get broad recognition for and Its purposes are to Indigenous communities all over the implementation of our work. • clarify and simplify the law; province, I have developed a deep Among the considerations commitment to supporting the health • adapt the law to meet modern immediately ahead is access to and well-being of BC communities. social needs; justice. Last year, BCLI joined Over the course of my career and • improve the administration 50 justice organizations to sign onto practice, I have consistently worked of justice and respect the Access to Justice BC Triple Aim to strengthen and modernize BC laws for the rule of law; and that seeks to improve the experience in the public interest, primarily from of British Columbians with the justice a resource and environmental law • promote and carry out scholarly system. Working to recommend perspective. BCLI’s independence, legal research. changes to outdated laws that no rigour, and research are core Its division, the Canadian Centre for longer align with the lives of British strengths. Our ability to convene Elder Law, explores the particular Columbians or address their needs practitioners to develop expert legal issues affecting older is an important part of improving reform proposals has been key to our Canadians. CCEL is dedicated to access to justice for all, one that success. There is so much BCLI can improving the lives of older adults BCLI Is uniquely poised to fulfill. do in these dynamic times. in their relationship to the law. s

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 65 SFU MASTER OF ARTS IN APPLIED LEGAL STUDIES (MA ALS)

Thoughts on the Year Dr. Margaret Hall to Come

Photo: Simon Fraser University t is difficult to believe that Technology changes, and the law The year has been action- changes, too. The goal is always to more than a year has passed packed, with the sudden optimize student learning. I would since I became the Director welcome feedback I emergence of COVID in from members of the of the MA ALS Program and the Spring 2020 throwing profession as I continue BC Notaries Chair in Applied in fresh challenges for all. this work. Legal Studies at Simon Fraser The year 2020 has also seen teaching- That head start doesn’t mean we University. Ron Usher faculty changes in the should rest on our laurels, however. Program. Ron Usher The year has been action- As the University generally has taught his last class for the MA ALS packed, with the sudden emergence moved online, a great deal of new Program in Summer 2020. I would of COVID in Spring 2020 throwing information about and support for like to take this opportunity to thank in fresh challenges for all. Students best practices in online course him for his tremendous contribution and instructors in the Program have delivery has become available. to the Program and our students. shown remarkable resiliency in The MA ALS Program has Prof. Usher’s depth and breadth responding to the challenges. started the process of integrating of knowledge relating to property As SFU moved to deliver all of its some of these new techniques into law in British Columbia was truly courses online in Spring 2020, we our course delivery and will continue incomparable; he will be greatly in the MA ALS Program were lucky to do so moving forward. A top New missed. Prof. Usher’s generosity to have a head start in the delivery Year’s 2021 Resolution for me is to and thoughtfulness in supporting of quality online education that continue this development with the the new faculty joining the Program enables and prioritizes engagement objective of making the Program in 2020 are also notable and much between instructors and students. even stronger than it is today. appreciated.

66 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 The COVID crisis has George E.H. Cadman, Q.C.* reminded me that our 604 647 4123 | [email protected] achievements and experience of life generally are ultimately With over 30 years’ experience, George dependent on our health makes the complex simple to resolve and well-being. your real estate or corporate disputes.

We had two new instructors *Member of the Notaries Public Board of Examiners join us in the Fall of 2020: Prof. Helene Love, who taught ALS 601 Uniquely West Coast™ (Advanced Topics in Canadian Law and the Canadian Legal System) and Prof. Katie Sykes, Turtle Valley Donkey Refuge is thrilled to announce who taught Property I this term. the construction of our new Donkey Infirmary Barn . . . Welcome to Helene and Katie! a 2000 sq. ft. Barn area with an 800 sq. ft Infirmary to provide a clean hospital area for minor surgeries, Both have remarked to me on donkey dental care, other medical procedures, and the intelligence, curiosity, and housing for donkeys who need care. If you wish to enthusiasm of our students and Donate to our Donkey Infirmary, please contact Shirley or visit www.turtlevalleydonkeyrefuge.com/donate. let me know how much they have Tax Receipts provided. enjoyed teaching in the Program. I am looking forward to Help Us Help the Donkeys teaching the current cohort for www.turtlevalleydonkeyrefuge.com the first time in the Spring 2021 (250) 679-2778 • [email protected] term in the Personal Planning www.facebook.com/ course (covering Advance TurtleValleyDonkeyRefugeSociety Directives, Powers of Attorney, and Representation Agreements in addition to Wills and Estates). There have been significant new developments in this area When Kamiah’s world since the last time I taught the gets turned upside down, course with the advent of e-Wills legislation in British Columbia help her stay strong. (and rumblings about e-Powers of Attorney, e-Advance Directives, A Will can and e-Representation Agreements on the horizon). Lots of new law help do that. for us to sink our teeth into, and What if you could help your clients create a legacy where an opportunity for this year’s cohort fewer children suffer from illnesses? When you help your clients to become cutting edge experts leave a gift in their Will to BC Children’s Hospital Foundation, in this rapidly developing area. you’re empowering them to do just that. The COVID crisis has reminded me that our achievements and experience of life generally are ultimately dependent on our health Discover how you and well-being. That means taking can help your clients good care of ourselves and also leave a legacy. responding with kindness, honesty, bcchf.ca/legacy-advisor and understanding to others. Hilary Beard, My personal New Year’s Gift & Estate Planning Resolution is to remind myself of 604.875.3679 [email protected] that every day and to do my best to conduct myself accordingly in all areas of life. s

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 67 THE LTSA

New Year, New Chapter Connie Fair

his Fall, I announced my Most recently, we worked with Perhaps the least anticipated legal and real property professionals event of my career has been the intention to retire after to ensure land owners and reporting remarkable changes created by serving 5 years as CEO bodies were aware of the filing the current COVID-19 pandemic. T requirements for the Land Owner While there has been short-term and President of the Land Title Transparency Registry (LOTR) uncertainty, the path forward and Survey Authority of British effective November 30, 2020. Your has always been clear—we diligence with keeping your clients Columbia (LTSA) and previously will continually leverage digital informed and in compliance with the innovations to provide the flexibility as CEO at BC Assessment for new Land Owner Transparency Act and automation needed to weather has been very much appreciated. any storm. almost a decade. The next phase of LOTR will enable information to be searchable by the We also have an opportunity The decision was a tough one but public and certain regulatory entities to re-evaluate long-held business it also feels like the right time for me on April 30, 2020. assumptions and imagine new to start the next stage of my life and possibilities, including how the spend more time with family and my LTSA can support your real property already-retired husband. Perhaps the least anticipated practice as the legal profession The last 5 years have been event of my career has been evolves. There are seismic changes an exciting time for the LTSA. the remarkable changes occurring in many industries under I am very proud of what we have created by the current compressed timeframes; it is accomplished. My overarching goal exciting to consider the possibilities has been to create a customer- COVID-19 pandemic. ahead for all of us as we leverage centric, digital-forward organization technology to make services more that provides British Columbians For land title submissions, accessible to everyone. with certainty and confidence in our Web Filing has been in operation I am leaving the LTSA in the land-related registries, systems, and for almost a year and PDF versions strong hands of a supportive and information. of some forms have already been knowledgeable Board of Directors Our business adapted to retired, with others scheduled for retirement in early 2021. and a very capable senior leadership embrace innovation and change, team, guided by a sound strategy which meant a significant investment Web Filing represents a significant that is centred on customers. by everyone involved, starting with step forward in modernizing the you, our customers, to cultivate submission process and it has helped Thank you for your support a deeper understanding of what increase filing efficiency and accuracy over the past 5 years; I know legal you need to run your business and while maintaining a secure and reliable professionals and the LTSA will serve your clients. Thank you for system. In future phases of Web Filing, continue to collaborate in the best collaborating with us to continually we will continue to incorporate your interests of all British Columbians develop innovative solutions in the feedback to add new functionality and and I will be watching eagerly to see public interest. improve the filing experience. what’s next. s

68 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 BOOK REVIEW “Making Vancouver 1863 – 1913” Author: Robert A.J. McDonald

Reviewed by Robert Allen Robert Allen

First published in The Link, August 2020

aul Ng, a land-surveyor-in-training …this book might interest you. in the Lower Mainland, thought I might Pbe interested in this book, a history By 1886, the CPR had arrived and the population and of Vancouver from its early days to the Depression, face of Vancouver quickly changed. For quite a number of years, the CPR tried to keep control of the City; that just prior to the First World War. gradually changed and a definite social transformation of the City took place. The so-called “social elite” started This was a social history of the western part of Burrard off in the West End but later moved to Shaughnessy. Inlet from about the First Narrows to the Second Narrows, The middle-class shopkeepers and tradesmen settled in including parts of the North Shore, downtown Vancouver, Mount Pleasant; the labourers migrated to the East End the East Side, Mount Pleasant, and Shaughnessy. . . . The East End was (and still is) a complex society with The first sawmill on the North Shore was opened in citizens from all classes and ethnic backgrounds. 1863; by 1864 it was under the control of Sewell Moody. The book has 50 pages of end-notes that always add The “town” of Moodyville grew around the mill. Earlier, extra tidbits to the story; the bibliography is 15 pages in 1861, Edward Stamp, a former English Sea Captain, long. There are numerous photographs throughout established a large sawmill at the head of the Alberni the book as well as a few maps and many tables with Canal (Inlet) but it did not meet with success. statistical information. By 1865, Stamp was back with more financing from If you are interested in the social history of early England and chose a spot on the south shore of Burrard Vancouver and its diverse citizens, early trade unions, Inlet for his new mill; he retired 2 years later and that mill and various companies large and small, this book might soon fell into financial trouble as well. By 1870, the mill interest you. s was again opened by Dickson, DeWolf and Company of San Francisco and it soon morphed into Hastings Mill. Robert Allen, BCLS (Life Member), CLS (Retired), Sechelt, BC ©iStockphoto.com/edb3_16 ©iStockphoto.com/ChrisBoswell The Alberni Canal (Inlet) An early mill

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 69 HISTORY OF BC

The English Bay Cannery

Ron Hyde he English Bay Canning company changed substantially. While Crane, Righter, and Mee still Company Ltd. was formed held 20 shares each, Windsor and as a general fisheries McDonald sold their shares and were T replaced by Frank Burnett, broker company in May 1898 with with 34 shares, O.L. Malcolm with five subscribers with 20 shares 20 shares, and J.E. Macrae, agent Archives BC with 10 shares, C.S. Johnson, broker Salmon Can Label – each: Charles Samuel Windsor, with 10 shares, and L.H. Wright, gent English Bay Canning Company with 1 share. John Joseph Crane, and W.H. planned to be shipped to another McDonald listed as canners and cannery on the coast. Robert Mee and Peter Righter B.C. salmon canneries made In May the following year, fire their own cans at that time damaged one of the buildings on the as locomotive engineers. and a large amount of sheet south side of Point Grey Road and in 1906, the cannery was dismantled. The English Bay Cannery was tin was used… Part of the timber was used to repair built in 1898 by the Malcolm, some of the cottages on the shore as Cannon & Company between the The United Canneries of British well as to build a residence on Lots foot of Bayswater Street and Trutch Columbia 1899 season showed the 4, 5 and 6, Block 13, DL 540. Street just off Point Grey Road on the plant’s production nearly doubled to Kitsilano waterfront. Lieutenant Colonel W.D.S. 16,300 cases. but the 1902 season Rorison, M.C., V.D., son of R.D. In the first year of operation shows a reduction to 7500 cases. Rorison and member of the firm in the 1898 season, they held 20 On October 14,1905, the English R.D. Rorison and Company Limited, fishing licences that resulted in 3282 Bay Cannery was sold to R.D. Rorison formerly the owners of The Royal cases(379,536 1-pound cans of and Sons for $7350 and the property Nurseries at Royal on the Eburne- salmon). After 1 year of operation, included the cannery, wharf, cannery Vancouver line, said, “We must have a resolution was passed in February cottages, and lots 31 through 34, built our house at 3148 Point Grey 1899 to eliminate the association Lot 4, DL 540 and lots 4 through Road in 1908. Yes, we did buy the of the company. By November of 11 Block 14, DL 540, all excepting lumber of the old cannery and used that year, United Canneries of B.C. a portion of the Fish House building a lot of it in building our house, our was formed. The ownership of the and the machinery, which was rafters, and such heavy timbers.” As late as 1928, 22 years after the English Bay Cannery ceased operations, a heap of rusty red iron stood like an island on the Kitsilano waterfront under the old cannery location, the remnants of the old scrap-tin heap. B.C. salmon canneries made their own cans at that time and a large amount of sheet tin was used; there was much waste from cutting out English Bay Cannery the tops and bottoms from flat sheets.

70 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 The waste clippings were dropped through a hole in the cannery floor into the water below as it did not pay to save them. s History is Ron Hyde’s passion. Before he retired, he worked for the Liquor Distribution Branch and wrote a Reflections column for their monthly newsletter. A member of the B.C. Historical Federation for 20 years, he has written several articles for their BC History magazine and was their newsletter Editor for 42 issues. SOURCES - Gulf of Georgia History Project Background papers on business and social themes Prepared by Jamie Morton, Project Historian Edwards Brothers, Vancouver, B.C. Edwards Brothers, Vancouver, English Bay Cannery - City of Vancouver Archives: (photo reference) Edwards Brothers, Vancouver, B.C. Major James Skitt Matthews P H Coll 334 Edwards Brothers 2 Edwards Brothers Studio was a partnership between Early Vancouver Vol. 1 and 3 brothers George William and Edgar Herbert in Vancouver, B.C. from 1891–1920. Both brothers were portrait and landscape photographers. George also photographed - Wikimedia Commons Org. the gold rush in Klondike in 1898. In the later years of the studio, the Edwards brothers - University of Washington Library began to sell photographic and motion picture supplies. (Subject Columbia—Vancouver’s [LCSH] Canneries-British) - British Columbia Archives

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Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 71 WILLS AND ESTATES

Electronic Wills

and Section 58 WESA Chen Matthew credit: Photo Trevor Todd

uch of the legal Specifically, the Court found The deceased was given up at that the electronic Microsoft Word birth and at age 3 was placed in a profession and general document found in the deceased’s foster home in which he grew up with public do not realize password-protected personal the five siblings to whom the Court M computer after his death was the last divided his estate equally. that the age of electronic/digital Will of Mr. Hubschi. He died without any children, nor Wills is already upon us. did he marry. Section 58(1) WESA reads as A terse message found The Court strongly implied follows. on the deceased’s computer that closeness of the beneficiaries In this section, “record” includes was “cured” under section will be a factor to be considered data that as the Court is very cognizant the 58 WESA and found deceased’s estate would have gone 1) is recorded or stored to be a valid Will. to relatives he had no relationship electronically; with as opposed to his foster 2) can be read by a person; and The Court application was siblings with whom he had a close relationship until his death. An 3) is capable of reproduction unopposed but the Judge thoroughly intestacy would have clearly NOT in a visible form. reviewed the law under section 58 WESA. reflected the deceased’s final wishes. The term “record” explicitly The Court also found particularly anticipates that a document in The computer message was significant that the deceased had electronic form may become a valid found on the deceased’s computer reviewed the “Budget for 2017” the testamentary document. labelled “Budget for 2017” and read as follows.“Get a Will made out at day of his death, and he modified it The definition may even be some point. A 5-way assets split for that same day. That supported the broad enough to include audio or remaining brother and sisters. Greg, inference that the document reflected audiovisual recordings that can be Annette, or Trevor as executor.” the deceased’s wishes as of the stored electronically and can be date of his death, and demonstrated As the document was “cured” reproduced in visual form in the a fixed intention, even though the by the Court pursuant to section 58 likes of a transcript. The definition words ”get a Will done at some WESA, the deceased’s assets were to of record may well involve many point” on the face of it suggested be distributed to the foster siblings forms of permanent media. a lack of a fixed and final intention. that he grew up with in accordance British Columbia Law with the intention set out in the Section 58 WESA The case that goes the furthest in document. Section 58 WESA allows the Court curing a testamentary document that Had the document not been to make an order that a “record, was in electronic form is Hubschi “cured,” the deceased would have document, or writing or marking Estate 2019 BCSC 2040. died intestate, and his assets would on a Will or document” represents A terse message found on the have been distributed to blood the testamentary intentions of the deceased’s computer was “cured” relatives in Switzerland with whom deceased person, even though the under section 58 WESA and found he had no relationship, in accordance making of the Will does not comply to be a valid Will. with section 23 WESA. with WESA.

72 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 The Court may, as the 2) the testamentary document or part of a paper copy of the Will circumstances require, order that contains the full, final, and fixed in some manner, in the presence a record or document or writing or intention of the Will-maker. of a witness, with the intention of marking on a Will to be fully effective The case law has established revoking all or part of the Will; as though it had been made as part that the testamentary intention 3) by any other act of the Will- of the deceased’s Will. means much more than the maker, or another person in the The Court needs to be satisfied expression of how a person would presence of the Will-maker and on the balance of probabilities that like his or her property to be by the Will-maker’s direction, the record represents the full and disposed of after death. if the Court determines under final testamentary intentions of The key question is whether the section 58 (relating to curing the deceased and can be saved document records a deliberate or deficiencies) that by section 58 WESA. fixed and final expression of intention • the consequences of the act The BC Courts, first in Young as to the disposal of the deceased’s of the Will-maker or the other Estate 2015 BCSC 182, adopted the property on death. person is apparent; and Manitoba Court of Appeal decision A very wide range of factors • the act was done with the George v. Daily (1997) 143 DLR may be relevant to establishing its intent of the Will-maker (4th) 273. existence in a particular case. to revoke the Will, in whole or in part. In George, the Court confirmed that testamentary intention means A written declaration made in much more than the expression of …an Australian Court accordance with section 55 may be how a person would like his or her held that a Will contained in electronic form and signed with property to be disposed of after an electronic signature. in an unsent text message death. A deletion of one or more on the phone of the The key question is whether the electronic versions of a Will or document records a deliberate or deceased could be enforced. part of a Will is not evidence of fixed and final expression of intention an intention to revoke the Will. as to the disposal of the deceased’s Australian Law property on death. A deliberate or Amendments To WESA Summer 2020 fixed and final intention is not the Hubschi referred to two Australian equivalent of an irrevocable intention, Under COVID-19, amendments cases that the Court found given that a Will, by its nature, passed in British Columbia in the informative, though not binding. is revocable until the death of its Summer of 2020, an electronic 1) Nichol v. Nichol & Anor (2017) maker. Rather, the intention must be Will is conclusively deemed to be QSC 220, where an Australian fixed and final at the material time, signed if the electronic signature is Court held that a Will contained which will vary depending on the in, attached to, or associated with in an unsent text message on the circumstances. the Will so that it is apparent the phone of the deceased could be Will-maker intended to give effect to enforced. The case was disputed The Court in Hubschi extensively the entire Will. by the widow who had separated quoted the B.C. Court of Appeal The amendments also give from the deceased just before decision in Hadley Estate, Re 2017 directions on how to alter or revoke the deceased’s suicide, and their BCCA 311. an electronic Will. son, who would have taken on an intestacy. Under section 58 WESA, there An electronic Will is revoked is no minimum level of execution only in one or more of the following The text message gave the assets or other formality for a testamentary circumstances— to several nephews named in the document to be found fully effective text, who had been very close 1) by the Will-maker, or a person (Hadley Estate at paragraph 35). to the deceased. If the Court grants an order under in the presence of the Will- section 58(3), a document may maker and by the Will-maker’s The text stated. be admitted to probate, regardless direction, the deleting of one or “You and nephew keep all that of its form. more electronic versions of the I have house and superannuation, Will or of part of the Will with the put my ashes in the back The party seeking an order under intention of revoking it; section 58(3) must demonstrate on garden—wife will take her stuff the balance of probabilities that 2) by the Will-maker, or a person in only she’s okay gone back to her the presence of the Will-maker ex at D9 beaten AGAIN bit of 1) the testamentary document is and by the Will-maker’s direction, cash behind TV in a bid in the authentic; burning, tearing, or destroying all bank cash card pin—my Will.”

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 73 The Judge found that all the A third Australian decision, Wills that might be stored on phones, essential elements of the Will Re Yu (2013) Q SC 322, the High tablets, or computers. were there, despite the form. Court of Queensland gave probate From an estate litigator’s point to a Will contained in the iPad of view, a key issue for electronic Wills The text message had not been of the deceased, who had killed will be the Wills’ authentication and sent, and that suggested to the himself. The Will was prepared whether an electronic signature could Court that the deceased had like a traditional Will, i.e., with the and should be accepted as a signature intended it to be found. heading Last Will and Testament, for the purposes of executing a Will. 2) In Yazbek v. Yazbek (2012) and it contained many of the NSWSC 594, the Supreme Court traditional provisions of a Will, like This area of law seems of New South Wales addressed the appointment of an executor and fraught with potential problems for the acceptance of a Microsoft replacement executor. disappointed beneficiaries who might allege lack of capacity and undue document ”Will.doc” found on the The Court found that the Will was deceased’s laptop after his death. influence, as there will typically not a document that was testamentary and be the same probing for same by an The computer record of the was intended to be legally effective. attending lawyer or Notary. For young deceased’s intentions was The application was not contested. families with fewer assets, creating accepted as his Will based on Conclusion an “e-Will” might be cheaper, more surrounding circumstances, convenient, and better than no Will including his distribution of While incredibly convenient to at all. For older clients with greater substantial assets. The testator the public, the growing use of net worth however and who are, wrote the document in terms electronic Wills should expose generally speaking, more susceptible indicating he would not be alive at some problems and obstacles that to financial abuse and undue the time the document was read. will be encountered, such as not influence, or may lack capacity, an The testator had recently opened having the password to computers, “e-Will” may not be a good idea. s the computer, which suggested the encryption of documents, and an inference that he had reviewed general lack of knowledge on the Trevor Todd restricts his practice the Will and was prepared to leave part of executors to be increasingly to estate litigation. He has practised thoseScrivener terms half in page_environment.pdf place. 1 2019-03-11 9:29:42vigilant AM for possible digital/electronic law in Vancouver for 46 years.

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74 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 BCNA Masks Who Will See Your Ad Now Available in The Scrivener? to Order BC Notaries Lawyers We are pleased to announce that BCNA washable and reusable Land Surveyors of BC face masks are now available Real Estate Professionals to order. Available in black only, Real Estate Boards with the BC Notaries’ logo in light and Associations grey and an elasticised trim. Age-Friendly Designates MLAs and MPs in BC Life Insurance Brokers Marlie with Buddy and Agents Accountants Managers of Financial The Nose Institutions Investment Management Knows Agencies Provincial and Federal y large nose Court Judges caused me much Registrars Mayors angst during my M Government Ministries teen years (thanks Dad), Libraries: Public and Private, but over the years I’ve come including Law Society, Legal to appreciate it. Services, Education Facilities Chambers of Commerce You might say I’ve grown To order, please attached to it; it’s Romanesque BC Housing email Olivia at bcna@ with Patrician tendencies. Well, BC Assessment bcnotaryassociation.ca at least in my mind. All was fine until the pandemic and masks Ministry of Citizens’ Services: 1. Order in packs of 10 or 25. became necessary. My beak Real Property Division 2. Prices include Shipping Canada Post expedited Parcel: 2 business days presented problems. Multilayered guaranteed fabric meant fabric up the 3. BCNA Member and Non-Member pricing applies. nose. Fit was often tight which Please ensure you select the correct option. meant the large nose turned red. 4. Prices include GST and PST. Looking like Rudolph seemed my BCNA MEMBER PRICING future. But I persevered and tried Spring Pack of 10: $44.75 | Pack of 25: $95.15 mask after mask. Finally, found one that fits that I could wear Advertising BCNA NON-MEMBER PRICING all day. I felt like a pandemic Pack of 10: $54.83 | Pack of 25: $120.35 Space Deadline Cinderella. PRODUCT DETAIL March 10, • Material: 80% Polyester 20% Cotton So, don’t despair, there is 2021 • Non-Medical Reusable Mask a mask that’s right for you. s • Hand wash at 60 degrees or machine wash at 40 degrees • One size fits most Marlie Oden • All purchases are final. Sorry no returns of PPE supplies. Bridge Communications [email protected] www.bcnotaryassociation.ca

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 75 TECHNOLOGY Photo credit: Jaslyn Thorne Jaslyn credit: Photo Akash Sablok

RING VIDEO DOORBELL Knock Knock. Who’s there? 2021.

hile this year has been The app felt well designed with user experience in mind. After going one that most of us through the setup process, guided would like to turn by a mechanized voice that made W the process easy, I was able to link away right at the door, there is the unit to the Ring app by scanning now a way to see and hear . . . a small QR code on the back of the device. Fun. some good things or people. The Ring Video Doorbell, The Ring Video Doorbell, already one of the most trusted already one of the wi-fi doorbells in the market, is now new and improved—with a higher- most trusted wi-fi doorbells resolution camera, longer battery life, in the market, is now and more features in the app. new and improved… Install and setup is maybe 20 minutes of your time. Ring I would suggest connecting to provides you with everything you your 2.4 GHz wi-fi channel on your could need for any type of install— router (the standard on most new different lengths of screws, various routers). Although the 5 GHz channel wire extensions, two different anchor offers faster speeds, 2.4 GHz plates if you need to install it at an is better at penetrating walls angle—it’s all there. and is better suited for connecting The unit installs into a standard a device like a video doorbell. peephole opening. Be sure to charge After connection, the Ring will the battery overnight. Battery life automatically update its firmware. is longer than the previous version; This is the time you log into your I found it to be about 20 per cent social media app and tweet/snap/ better. The app will let you know gram on how much you love reading when it’s time to charge. The Scrivener magazine…

76 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 zones for the Ring to pay special attention and I was also able to Services a BC Notary adjust the sensitivity of the motion Can Provide detection overall. That cut down Notarization/Documents on false alerts and made it so only Affidavits for All Documents required meaningful notifications were sent. at a Public Registry within BC You can also log into the app Certified True Copies of Documents anytime and see what the camera Execution/Authentications sees. The Ring sees the world of International Documents through a 1080p HD lens with Notarizations/Attestations of Signatures a super-wide 160-degree field Personal Property Security Agreements of view. That means you can see Statutory Declarations everything going on outside your Personal Planning door, in detail. Estate Planning Health Care Declarations Doorbell rings Powers of Attorney Once you are all set up, you sit can be changed Representation Agreements Wills Preparation and wait for someone to come to your to any tune you prefer. front door and ring the bell. No, don’t Wills Searches do that. In fact, you don’t even need I like the old castle ring— Travel to be near the front door or even scares everyone around me! Authorization of Minor Child Travel in the house. When someone rings Letters of Invitation for Foreign Travel the bell, you receive a notification Ring offers 30 days of free Passport Application Documentation on your phone. Swipe open the app recording, allowing you to go back Proof of Identity for Travel Purposes and you can see and hear the person to see all activity. After 30 days, Business at the front door. Turn off the mute you can choose the plan, starting Business Purchase/Sale button and you can speak with the at about $3 a month, that works for Commercial Leases person. I know you are not sitting in your budget and needs. You can add and Assignment of Leases Hawaii these days unless you have unlimited cameras to the plan and Contracts and Agreements quarantined, but you can let the you can even share access to one delivery driver know to leave your box Property Matters or more cameras in your setup with Easements and Rights of Way of Pink Flamingo lawn ornaments on friends and family. the front doorstep. Insurance Loss Declarations For example, if you are planning Manufactured Home Transfers In fact you don’t even need to be away, you can share your front Mortgage Refinancing Documentation someone to ring the bell because and back door cameras with your Purchaser’s Side of Foreclosures the unit’s advanced motion capture next-door neighbour. Guest access Refinancing capability will notify you when a can be revoked anytime. Residential and Commercial human or animal steps in the motion Real Estate Transfers Doorbell rings can be changed field. You can customize a lot here, Restrictive Covenants with the ability to set up meaningful to any tune you prefer. I like the and Builder’s Liens old castle ring—scares everyone Subdivisions and around me! Statutory Building www.shop.ring.com Schemes MSRP: US$129 Zoning Applications Includes free recording service Marine for 1 month; plans start at $6 per month Marine Bills of Sale and Mortgages Marine Protests after that. Some BC Notaries provide these services. Note: You can view the streaming Marriage Licences live for free anytime; you don’t need Mediation a plan. s Real Estate Disclosure Statements Akash Sablok is now a Life Member There are Notaries to serve you of the Board of Directors. He served throughout British Columbia as President of The Society from For the BC Notary office nearest you, 2013 to 2015 and Chair of The Notary please call 1-604-676-8570 Foundation from 2015 to 2017. or visit www.bcnotaryassociation.ca.

Volume 29 Number 4 Winter 2020 The Scrivener | www.bcnotaryassociation.ca TABLE OF CONTENTS 77 PEOPLE

The Results of a Contest in The Keremeos Review and Summerland Review, newspapers owned by The Western News

BC Notary Greg Litwin is delighted to have been chosen by the people—Best Notary Public in the South Okanagan, Summer 2020!

Juliet Annabelle Allison Burton. Growing Granddaughter of Notary Alex and Lucinda Ning! And look, Juliet is cheering, too!

Send us a photo from your next trip! Could not have achieved this award without the help of my assistants Kim (L) and Eliza (R). A fantastic team! [email protected]

78 TABLE OF CONTENTS BC Notaries Association Volume 29 Number 4 Winter 2020 I give to my community and with Vancouver Foundation, my giving lasts forever.

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

We can help you create a fund that gives forever. Get started at vancouverfoundation.ca/create or call Calvin at 604.629.5357

To find your local community foundation visit communityfoundations.ca Stewart Title’s Business Your Trusted Partner Development Team in BC for Title Insurance

Amanda Magee At Stewart Title, we take pride in working with Notaries. Director, Business Development Since our inception into the Canadian marketplace, we 604.839.4471 [email protected] have partnered with Notaries to offer peace of mind to your clients and our policyholders. Our comprehensive title insurance coverage for buyers, owners and lenders is competitively priced and backed by solid underwriting Brett Horton expertise and claims paying ability. Counsel & Director, Commercial Business We support your role in real estate transactions. Development - BC 604.349.0845 You understand the complexities of each transaction and [email protected] are in the best position to advise clients and represent their interests. We understand the best ways to mitigate risk. Our team leverages a broad pool of knowledge to guide you through your transactions and keep them moving smoothly. Jessica Orlowski One of the keystones to this partnership is our local Okanagan Business Development Team. 250.718.7611 [email protected] Our team is available to answer questions about our products and coverage and to provide unique solutions for your more complex transactions. They support your practice by training new staff on procedures, best practices, the ordering process or setting up and demonstrating our time-saving applications. They’ll also keep you John Gellard Vancouver up-to-date on new developments and provide materials 604.376.4709 to help educate your clients. [email protected]

Contact a member of our Team to learn more.

Michelle Wells Tri-Cities, Fraser Valley 604.657.6730 [email protected]

Nicole McLellan Vancouver Island 250.588.8996 888.667.5151 | stewart.ca [email protected]

©2020 Stewart. All rights reserved. 11/20

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