Fall 2018 | Volume 27 Number 3

Published Quarterly by The Society of Notaries Public of British Columbia

27 years

Morrie Bailey Daniel Boisvert

Lorne Mann Jacqui Mendes

Introducing the Board of the BC Notaries Association

inside: Town and Country BC Notaries and Allied Professionals Publications Mail Agreement: 40010827 At Work around Our Province ST_partnerAd_Scrivener_8.38x10.75_v2_final.pdf 1 9/27/18 4:38 PM Creative Adaptable Analytical

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Scrivener-2018.indd 1 2/22/2018 5:42:48 PM When Reading the PDF Online click on an article

PUBLISHED BY THE SOCIETY OF NOTARIES PUBLIC OF BC or page number.

Theme: Town and Country

The Scrivener: What’s in a Name? 4 The Factory-Built Housing Industry PRESIDENT, for Town and Country 23 THE SOCIETY OF NOTARIES PUBLIC OF BC Gord Rattray Four Essential Important Lessons 6 Considering a Manufactured Home? 26 Rhoda Witherly Kim McLandress EXECUTIVE DIRECTOR, THE SOCIETY OF NOTARIES PUBLIC OF BC Exploring the Value of Title Insurance Caring about Community 7 for Rural Properties 28 John Mayr Amanda Magee PRESIDENT, BC NOTARIES ASSOCIATION LTSA: Trusted Resource to Help Notaries Our New Association 8 Serve BC’s Diverse Communities 30 Daniel Boisvert Craig Johnston, Mike Thomson CEO, BC NOTARIES ASSOCIATION Looking Back on Our Accomplishments 9 Title Insurance Safeguards in British Columbia 34 Jacqui Mendes John Rider, Andrea Campbell Welcome to the BC Notaries Association! 10 Doing the Deal: BC Mortgage Brokers Discuss Services a BC Notary Can Provide 12 the Unique Challenges of Funding KEYNOTE Urban and Rural Properties 36 Moving Forward 12 Lisa Gordon Val Wilson Lake Cowichan: From Village to Town 40 Langley Notary Practice From Country to Town in 45 Years without Moving! 14 Patricia Thomson Michael Kravetz Home SWEET Home Kitimat 42 Community at Its Finest 16 Jackie Sweet Phyllis Simon and Chelsea Kramer Do You Need Title Insurance for a Strata? 44 BC Notary in Victoria. John Tracy Oh, That’s Just Capital! 18 Beverly Carter Small Town vs. Big City: Familiarity vs. Anonymity? 45 Best of Both Worlds 20 Gabrielle Loren Charmaine Van Tine Editor’s 22 Kim Guthrie: Notary in Central BC 46 Kim Guthrie North Okanagan Notary People Smile at Each Other Here 22 I Can Breathe in a Small Town … 48 Rhoda Chapman Jeff Tisdale

Cover photo: www.wildmanphotography.com The Scrivener: What’s in a Name? “A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford English Dictionary describes a Scrivener, the craftsman charged with ensuring that the written affairs of others flow smoothly, seamlessly, and accurately. Where a Scrivener must record the files accurately, it’s the Notary whose Seal is bond. We chose The Scrivener as the name of our magazine to celebrate the Notary’s role in drafting, communicating, authenticating, and getting the facts straight. We strive to publish articles about points of law and the Notary profession for the education and enjoyment of our members, our allied professionals in business, and the public in British Columbia.

4 The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 BC Notaries Fall Conference 2018 49 Jacqui Mendes PROFILE OF A BC NOTARY Published by Winner of the Prestigious Dr. Bernard W. Hoeter Award The Society of Notaries Public BC Notary Marnie Premont 54 of British Columbia BC Notaries Speak Your Language 55 Editor-in-Chief Val Wilson BBQ, Directors, 25-Year Club, and a Wedding 56 Legal Vets John Mayr, Ron Usher The Ride to Conquer Cancer—Why Do We Ride? 57 Notary Advisor Ken Sherk Courier Lightspeed Courier & Logistics

The Scrivener Building Better Communities, email: [email protected] One Grant at a Time website: www.notaries.bc.ca/scrivener The Board of Governors 58 Women’s Wrap-Around Family Law Clinic 59 Michelle Dobbs The Society of Notaries Public of BC 604 681-4516

THE MiX Send photographs to [email protected] Inclusive Investing Respecting the Rights of Vulnerable Investors through Supported Decision-Making 60 All rights reserved. Contents may not be Valerie Le Blanc reprinted or reproduced without written permission from the publisher. WorkPeace: Prepare in Advance to Finish Well 62 This journal is a forum for discussion, Susan Smith not a medium of official pronouncement. Business to Business 63 The Society does not, in any sense, endorse Duties and Liabilities of Executors/Trustees 64 or accept responsibility for opinions expressed by contributors. Trevor Todd Strata Property Disputes and Claims 69 Richard Rogers The Burrard Inlet Floating Post Office 70 Ron Hyde REIBC Announcements and Events 72 Brenda Southam CANADA POST: PUBLICATIONS MAIL Do Process: AGREEMENT No. 40010827 How the Most Popular Conveyancing Program in BC was Built 73 Kayla Kneisel Postage Paid at Vancouver, BC Seniors Services Society of BC “The Little Agency that Could . . . ” 74 RETURN UNDELIVERABLE CANADIAN Kara-Leigh Bloch ADDRESSES TO CIRCULATION DEPT. Letters 76 THE SOCIETY OF NOTARIES ABCLS. The Future of Land Surveying in BC 77 PUBLIC OF BC BOX 44 HONOURS AND EVENTS SUITE 700 – 625 HOWE STREET PEOPLE 78 VANCOUVER, BC V6C 2T6 Where in the World Has The Scrivener Been? 78 [email protected]

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener 5 PRESIDENT, THE SOCIETY OF NOTARIES PUBLIC OF BC Rhoda Witherly

Four Essential Important Lessons Photo credit: www.lonniewishart.com

all is in the air. the soccer field. When shopping or completed, signed, and returned to volunteering in a smaller community, him or her ASAP. Those requests are This summer’s terrible you see everyone. How many times judgment calls, but 9 times out of smoke and haze have have you been shopping or in a 10, action can wait for next week in F restaurant and someone sees you a scheduled appointment and a careful started to diminish and the dog and says, ‘I was meaning to call your look at the document. days of summer are behind us. office. I was just wondering if I should . . . ” Third Lesson Leaves are slowing beginning to My response? “Great to see The rumour mill operates in all cities colour. It’s one of my favourite times you. Why don’t you give the office and towns, sometimes on social media of the year. It is also the time that we a call and set up an appointment for and sometimes on old-fashioned give our practice a bit of a reset and next Thursday so we can thoroughly coffee-klatch gossip. review as we move toward year end. discuss this.” We must always be aware of Our theme this quarter talks Does that work? Not always!!! our obligation to confidentiality and about “Town and Country” and doing be clear about what is confidential. business in urban and rural areas. In many ways, life in We must resist the temptation to The question: Is it different to correct erroneous statements using practise in a rural area or town versus a rural area or small town confidential information. That is true the big city? As with so many things is very personal. You know for both urban and rural practices we do, the answer is “it depends.” but the gossip is often closer to home your neighbours, your in small communities because your My practice is in a small town; doctor, your BC Notary, business and social circles have more over the years I have noticed both overlaps. differences and similarities in the way and the store owner and we deliver BC Notary services. the employees. Even if you Fourth Lesson In many ways, life in a rural area don’t know them, they know Value your services and be professional. or small town is very personal. You of you or they are friends That applies to everyone in practice. know your neighbours, your doctor, of your best friend. If you are just starting out, you your BC Notary, and the store owner have studied and worked hard for and the employees. Even if you don’t your designation and want to get know them, they know of you or they Second Lesson started. Be realistic about what you are friends of your best friend. Try to avoid last-minute Friday can complete and when and do not overpromise. A professional start to Often you are involved in afternoon appointments and your practice will build value for you community organizations and events; calls. Human nature causes us in the long term. some of your clients are referred by the to procrastinate on many fronts. people you meet in those groups. The result can be the Friday afternoon For the seasoned practitioner, panic for a notarization, transfer, here’s a reminder that we must Because familiarity can impact or contract review. a practice, I follow a few rules. keep current and not blindly rely The client may have had the on what we have always done. First Lesson document for a number of weeks but The law changes, the way we deliver Avoid giving legal advice in the grocery for some reason, on this particular our Notary services changes, and we store aisle, the pharmacy, or on Friday at 3 pm, it must be reviewed, must change as well. s

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 6 TABLE OF CONTENTS EXECUTIVE DIRECTOR, THE SOCIETY OF NOTARIES PUBLIC OF BC John Mayr

Caring about Community www.wildmanphotography.com

ith summer turning to Today, community extends An adage suggests people deserve far beyond geographical location. the politicians they elect. There is autumn, and given the Technologies have expanded the no lack of issues—really important quadrennial cycle of opportunities and connected like- ones—that elected politicians need W minded individuals as never before. to address. election years, it’s time to start For me, I’ll admit the online Those issues change based considering the inevitability and connected communities lack what on community dynamics. What may of the municipal elections. I can best describe as a warmth or a be of critical importance to urban human connection. It is for that reason communities—density and housing Now before you quickly turn I suggest that as good, interesting, affordability for instance, are not issues the page, I beg just another moment and connected a social media platform for consideration in many remote of your time. As you will see, this may become, it will never replace the aboriginal communities dealing with missive is not about a race here or sense of community from a personal the realities of extended boil-water a race there. Nor will it take issue interaction. advisories and access to safe housing. with political persuasion. According to CivicInfoBC, In comparison to others, An adage suggests the average voter turnout for the our country is sparsely populated. people deserve the 2014 municipal election was We need only embark on a cross- politicians they elect. 22.23 percent. I am surprised by country journey to truly appreciate that number. I hope you are, too. the scenic beauty and space that is There is no lack of issues— The determination of the issues that Canada. While the scenery may be really important ones— matter to our communities is being iconic, the thread that holds the fabric that elected politicians decided, on average, by a stunning together is the communities. minority of the electorate. The Oxford English Dictionary need to address. While voting takes only a few defines community as “a group minutes, I suspect the challenge of people living in the same place Over the next weeks, various is sorting through the rhetorical chaff or having a particular characteristic candidates from various parties of an election campaign to determine in common.” Those characteristics may will attempt to reach out and which candidates hold views that be identifiable and of the sort in which make that personal connection. deserve a vote. community members take a particular They will undertake to make that pride. We would be hard pressed connection using both regular and As community members, to find a Canadian travelling abroad social media and I suspect many will if we don’t owe it to ourselves, who, when asked, didn’t proudly use the tried-and-true, old-fashioned, don’t we owe to others to take the proclaim he or she was from Canada. door-knocking campaigning approach. time to learn? It’s a measure of That pride of community extends That multifaceted method seeks Canadian success that as individuals to the various cities, towns, and to connect with the various generations we care about the success of not only provinces. Many Canadians willingly of voters with the intent of encouraging our communities but those in the acknowledge they are “from away.” people to vote. communities around us. s

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 7 PRESIDENT, BC NOTARIES ASSOCIATION

Watch for these Daniel Boisvert Upcoming Courses! cle.bc.ca/course-list Our New

Association www.wildmanphotography.com

ack in November 2015, Between now and then, it is important for every BC Notary Indigenous Laws Conference the Board of Directors to complete a membership – October 25 & 26 of The Society of application form and return it to us. B The membership form was released Notaries Public attended a couple of weeks ago and we have a 3-day Strategic Planning already received 100 applications, which is fantastic. If you do not have session to discuss the future the form, please contact the office; Hot Topics in Family Law II: organization of The Society. we will email it to you right away. Good Lawyering for Bad Parenting – October 26 It was unanimously agreed that …it is important for every The Society would transition and separate its regulatory functions BC Notary to complete a from its trade and member functions. membership application Simply put, The Society would form and return it to us continue to be the regulator and the champion for public protection and Gladue Submissions Our Chief Executive Officer Jacqui a new Association would be created as – November 15 & 16 Mendes has been hard at work since her a champion for the Notary profession arrival last year doing an amazing job on in our province and provide further our existing promotion and education benefits and representation beyond Publications programs. Going forward, we would like what The Society currently provides. - Hot off the Press! to hear from all BC Notaries about what Available in print or online For the past 92 years, The Society they would like to see their association of Notaries Public of BC has been a do for them. I encourage each Notary cle.bc.ca/publications strong representative for BC Notaries, Chapter to invite us out to your next while always remaining vigilant in its meeting and be prepared to let us know mandate to protect the public through how the Association can better promote self-regulation. The Board felt it was and advance the BC Notary brand time, however, to separate the two within your community. functions. Indeed, BC Notaries are one Now more than ever, we need of the last self-regulating professional to advocate for our profession. We need bodies to separate their regulatory Civil Trial Handbook to be sure that both the public and body from their trade association. - 5th Edition government keep BC Notaries top-of- Due Diligence Deskbook On June 26, 2018, the mind. The BC Notaries Association BC Notaries Association was registered needs a membership that understands as a member-funded Society. For the the value of constantly advocating and email [email protected] next several months, we will be in an promoting BC Notaries. phone 604.893.2121 operational transition while we set up I look forward to working with all the various components needed toll free 1.800.663.0437 each of you on how we can deliver to effectively operate the new entity. on our vision. s The Continuing Legal Education It is our intention that the BC Notaries Society of British Columbia Association be fully operational by Dan Boisvert is a BC Notary practising January 1, 2019. in Tsawwassen.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 8 TABLE OF CONTENTS CEO, BC NOTARIES ASSOCIATION

Jacqui Mendes Looking Back

on Our Accomplishments www.wildmanphotography.com

uccessful professionals this time on board the Golden The Notary promotional machine Princess from Vancouver to Los continues onward with outdoor and need support in many Angeles. As well as being able to indoor billboard advertising; thousands areas; they are too busy, obtain 9 continuing education (CE) of BC Ferries passengers this summer S credits, delegates really bonded in saw our Notaries featured around the may need specialist skills, or a memorable setting. boats! are a solitary voice. As I write, planning is underway Association media campaigns for the 2019 Spring and Fall generate many thousands of dollars The BC Notaries Association Conferences. in indirect advertising and awareness was incorporated in June this year of BC Notary services, the highlight to support all BC Notaries in British With the growth in to date being the Make-A-Will Columbia. Notary numbers, and the Week campaign in April with lots The Society of Notaries Public of newspaper and radio coverage, of BC has been very active in helping increasing complexity including a television interview with members develop the profession. of business marketing and Association President Dan Boisvert. With the growth in Notary numbers, the fast-changing technology Watch for the National Seniors and the increasing complexity of landscape, the new Day campaign leading up to and on business marketing and the fast- October 1, 2018. changing technology landscape, Association will provide Four issues of The Scrivener the new Association will provide enhanced services, enabling enhanced services, enabling The magazine were published with themes Society to concentrate on its core The Society to concentrate that resonate with the real estate and mandate of public protection. on its core mandate personal planning sectors and industry partners. While the Association has just been of public protection. Advocacy to provincial government formally launched, Association staff and is a critical part of the work of the your Society volunteer Board members Save these Dates in 2019 Association. The 2018 BC Notaries have been working hard for the last year • April 12 to 14 Lobby Day in Victoria in spring on marketing, continuing education, River Rock Resort in Richmond 2018 built on the existing positive member networking, and advocacy. relationship with provincial government I wanted to take this opportunity to • September 20 to 22 and opposition caucuses. outline what the Association has already Delta Grand Okanagan Resort accomplished as a demonstration of the in Kelowna That gives some sense of the support it will continue to provide. Five continuing education webinars range of supports the Association is undertaking for its members The Association now has two were presented over the last year with across the province. Please contact Conferences under its belt, spring a focus on the complex changes in me directly at any time for more and fall 2018. The Spring Conference the regulatory environment in the real information on the new BC Notaries delivered 12 credits at an excellent estate sector. The Association will be Association. s new venue, J.W. Marriot Parq. The increasing the number of sessions and Fall Conference just concluded, with range of topics for this accessible and [email protected] BC Notaries once again cruising, convenient CE format. 604 681-4516

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 9 Welcome to the BC Notaries Association!

he BC Notaries association that would be dedicated Incorporation to supporting BC Notaries in growing Association is very excited We are pleased to report that the their practices to serve the public. “BC Notaries Association” was to open its doors to the The separation of regulator and incorporated on June 26, 2018, T trade association is a standard as a member-funded society as per Notaries and Notary students model in other professions such as the Society Act. of British Columbia! lawyers, REALTORS®, and medical practitioners. Constitution Formation In terms of timing, then-Chief The Purposes of the BC Notaries The 2016 – 2026 Strategic Planning Executive Officer Wayne Braid Association process of the Board of The Society planned to retire; it was an excellent 1. To promote and support British of Notaries Public of BC opportunity to separate roles Columbia Notaries Public in all and functions by creating a new communities of the Province The Board considers the risks and organization. opportunities in the years ahead for 2. To advance the standing of its practicing Notaries. They include A task force was struck that members and awareness of their oversaw the hiring of two new senior services to the public • the active possibility of regulation staff in late 2017. John Mayr came 3. To represent its members by another body; on board as Executive Director of in matters of interest to them • the need to increase capacity The Society; Jacqui Mendes is the to support a growing number CEO of the BC Notaries Association. 4. To hold conferences, events, and other activities for and of members; A Transition Committee was on behalf of its members • challenges around engaging formed in January 2018 to facilitate in advocacy to government the formation of the Association and 5. To provide services and programs as a public regulator; transition relevant activities from beneficial to its members, The Society. The committee held very including continuing education • better engagement of the public extensive discussions on the best programs and industry stakeholders such ® structure for the Association to serve 6. To advocate on behalf of its as REALTORS and mortgage and support its members. brokers; members to industry, government, A number of options for the name, agencies, and Boards on matters • expansion and diversification constitution, bylaws, governance that affect and interest members of notarial services to meet client structure, membership, and dissolution needs; 7. To do all such other things as requirements as per the Society Act are incidental and ancillary to • enhanced continuing education; were considered; considerable time the attainment of the foregoing and and debate were undertaken to finalize purposes and the exercise of the the bylaws and constitution. Specialist • the resources to address powers of The Society legal advice was obtained throughout fast-changing technology. the process and committee members Membership Classes After considering a number spent a good deal of time between • Practicing Notaries (voting class) of options, a decision was made meetings refining and working through • Retired Notaries (non-voting class) to establish a professional trade the various options. • Students (non-voting class)

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 10 TABLE OF CONTENTS BC Notaries Association Board Daniel has been an active member His associate is Lisa Berry Vander About the Board of the Board of Directors of The Society Heide, an excellent Notary. He of Notaries Public of BC for 5 years, appreciates her professionalism and The Society Act requires that a has served on a number of Society leadership abilities. Lorne was a long- minimum of three initial Directors must committees, and is the current Chair term Board Director of The Society of be appointed on incorporation. Two of the Public Relations Committee. Notaries Public of BC. His experience members of the Transition Committee He also dedicates time as a valued as a Society Director and his rural volunteered to serve to ensure continuity advisor to the Practice Advisory Line roots bring a valuable perspective, for initial operations and a third (PAL) with Joan Letendre and Ron including the challenges of promoting volunteer agreed to come on board! Usher. Daniel is looking forward to all Notaries, especially those isolated The First Board Directors, Officers, bringing his experience and vision from Chapter meetings and the and Initial Members of the to the service of Association members. camaraderie enjoyed in larger centres. BC Notaries Association MORRIE BAILLIE, Vice President He will continue to use Internet • Daniel Boisvert, President Morrie Baillie began technology to reduce travel costs to • Morrie Baillie, Vice President her career at a major the Association and time away from • Lorne Mann, Secretary/Treasurer marketing agency with practices. He is excited to assist The Association bylaws provide brands such as Nike, Notary Hilde Deprez in winter 2018 in for a full Board to comprise a Coca Cola, and Proctor the Notary Student Wills and Estate minimum of 7 and a maximum of & Gamble, moving to Practical Training Program 9 Directors; 2 of those Directors can Kraft Foods as Regional JACQUI MENDES, CEO be appointed for specialist skills, e.g., Marketing Manager for Western Canada. marketing or business development. Her experience working with Jacqui Mendes brings government agencies such as over 20 years of senior The first full Association Board the District of West Vancouver as leadership experience election will take place at the first Corporate Partnership Manager in the nonprofit and AGM that can be held only when the enabled her to build successful private sectors to first-year accounts are complete. The partnerships with corporations and the position of Chief Association’s membership and fiscal local government such as the annual Executive Officer of the year is July to June annually; its first musical event in Ambleside Park. BC Notaries Association. Key skills Annual General Meeting will be held and experience are in the areas of in fall 2019. Commissioned as a BC Notary in 2013, Morrie practises in Victoria. strategic planning, revenue generation, In the interim, the Association She is a Notary spokesperson outreach, communications, marketing, Board and staff will continue to deliver for a range of issues in the major and events. Jacqui has extensive existing member services such as the media. She holds a Bachelor of Arts experience working with member- annual conferences, while setting up degree from the University of British based organizations including the Tate operational resources including a new Columbia, majoring in History. She also in London, UK, most recently for the website. has a Master of Arts degree in Applied BC Non-Profit Housing Association, and previously for other large and DANIEL BOISVERT, President Legal Studies (MA ALS) from Simon Fraser University. She looks forward diverse organizations within complex Daniel Boisvert was to bringing her strategic-thinking regulatory and governance frameworks. commissioned as a expertise, analytical skills, and creative Notary Public in May She has a proven track record flare to the BC Notaries Association, of 2008 and currently of success in relationship- and to implement initiatives that will practises in the town partnership-building and maintaining ultimately benefit all BC Notaries. of Tsawwassen within a member- and client-focused the City of Delta. He LORNE MANN, Secretary/Treasurer perspective. Jacqui has worked closely has called Delta his home for 45 years. for many years with the housing and Lorne Mann was seniors sector and both local and His education began by completing commissioned as a a Marketing and Finance Diploma at provincial government in BC. She holds BC Notary for the a Bachelor of Arts from the University of BCIT. He then attended Royal Roads Creston area on June University in Victoria to complete his London in the UK, Indigenous Cultural 15, 1989. He has a busy Competency Certification, and is a Bachelor of Commerce degree before practice in a smaller applying to become a BC Notary. Certified Housing Professional with the location, undertaking Chartered Institute of Housing Canada. Daniel received both the Robert many types of legal services, including Reid Award in Property Law and the real estate transfers, mortgages, For more information about BDO Dunwoody Award for achieving subdivisions, business transactions, the BC Notaries Association, the highest marks in both the course executorships, last Wills, and estate including membership, contact material and the examinations. planning and related matters. [email protected]. s

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 11 KEYNOTE Services a BC Notary Val Wilson Can Provide Editor-in-Chief Notarization/Documents Affidavits for All Documents required at a Public Registry within BC Certified True Copies of Documents Execution/Authentications Moving Forward of International Documents Notarizations/Attestations of Signatures www.wildmanphotography.com Personal Property Security Agreements Statutory Declarations ue to disruptions Big Smoke, a less hectic lifestyle Personal Planning definitely appeals. A friend who retired Estate Planning in lives and businesses from Vancouver to reside on the Island Health Care Declarations this summer by wildfires 10 years ago is constantly complaining Powers of Attorney D about the number of vehicles he is Representation Agreements ravaging or threatening areas encountering today in his small town. Wills Preparation of British Columbia, some Will he move to get away from it all, Wills Searches again? Travel writers were unable to send The red dots on this map of BC Authorization of Minor Child Travel articles for this issue. highlight cities and towns that have at Letters of Invitation for Foreign Travel least one BC Notary office. We think Passport Application Documentation With fall weather upon us, happily of Terrace as being in the north but it Proof of Identity for Travel Purposes it is again business as usual. really is in the geographical centre of Business Our theme “Town and Country” our vast province. Business Purchase/Sale brings to light many positive aspects Commercial Leases of the simpler life in the country. We trust you will enjoy the articles and Assignment of Leases With Vancouver’s current traffic snarls in this issue. Please talk to us at Contracts and Agreements in what Vancouver Islanders call The [email protected]. s Property Matters We understand the risks you face. Easements and Rights of Way ® Insurance Loss Declarations That’s why our annual E&O Extra Manufactured Home Transfers FORT NELSON policy coverage is now included to Mortgage Refinancing Documentation Purchaser’s Side of Foreclosures protect you on every transaction Refinancing Residential and Commercial you title insure with us.* Real Estate Transfers Restrictive Covenants and Builder’s Liens FORT ST. JOHN Subdivisions and MACKENZIE PRINCE RUPERT Statutory Building MASSET TERRACE SMITHERS

Schemes KITIMAT Zoning Applications Choose the provider that can do more for you today.

PRINCE GEORGE Marine Marine Bills of Sale and Mortgages Marine Protestations QUESNEL

Some BC Notaries provide these services. VALEMOUNT Marriage Licences Mediation 100 MILE HOUSE

Real Estate Disclosure Statements REVELSTOKE KAMLOOPS SALMON ARM Over 390 BC Notaries to Serve You! CAMPBELL RIVER ARMSTRONG POWELL RIVER VERNON COMOX MERRITT COURTENAY SQUAMISH SECHELT PORT MOODY LAKE COUNTRY NORTH COQUITLAM WESTBANK KELOWNA For the BC Notary office nearest you, BOWEN ISLAND VANCOUVER PORT COQUITLAM PEACHLAND WEST BURNABY PITT MEADOWS PORT ALBERNI MAPLE RIDGE SUMMERLAND NANAIMO VANCOUVER NELSON CRANBROOK PARKSVILLE VANCOUVER MISSION PENTICTON moreprotection.fct.ca NANOOSE BAY RICHMOND SURREY MATSQUI VILLAGE please call 1-800-663-0343 LADYSMITH DELTA CASTLEGAR NEW WESTMINSTER CHILLIWACK DUNCAN ABBOTSFORD GRAND FORKS FERNIE ®Registered Trademark of First American Financial Corporation WHITE ROCK LANGLEY TRAIL LAKE COWICHAN CRESTON BRENTWOOD BAY or visit www.notaries.bc.ca. SOOKE SIDNEY *For specific coverage and exclusions, refer to the applicable policy. VICTORIA The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 12 TABLE OF CONTENTS We understand the risks you face. That’s why our annual E&O Extra® policy coverage is now included to protect you on every transaction you title insure with us.*

Choose the provider that can do more for you today.

moreprotection.fct.ca ®Registered Trademark of First American Financial Corporation *For specific coverage and exclusions, refer to the applicable policy. Michael Kravetz

LANGLEY NOTARY PRACTICE From Country to Town in 45 Years without Moving!

Michael and Alex Kravetz ur family came to For the first 3 years, Dad was In the early days of Dad’s practice, a Real Estate Agent (nominee) for Langley had no Willowbrook mall; Langley in June 1970. Paris Realty in Aldergrove and sold Walnut Grove did not exist nor did the a bit of real estate. I remember Dad huge Willoughby developments. A lot I remember driving with my O saying the family had to live off the has changed since then. father and brother in a rented truck proceeds of the insurance business from McBride to Langley. My dad I started with Dad in his practice from McBride to keep things going. had come here a few times prior and in April 1983 as an “assistant.” bought a new house with unfinished Dad opened his BC Notary I learned about real estate basement for $26,000. Dad had practice in September 1973 in a brand conveyancing whereby I drafted all said years later that my grandmother new building on Salt Lane in Langley; statements of adjustments by hand, worried about how he would ever pay the practice is in the same location including trust reconciliations, until off the $20,000 mortgage. My mother today. In addition to having a part-time final documents were typed . . . had stayed in McBride with my job in a retail store, I cleaned Dad’s initially with a manual typewriter and younger sister to help wind up my office weekly for extra money. later by electric typewriter. dad’s insurance business after the sale Wills were typed and the copy to the new owner. Langley in those days for the office was made on a second I seem to recall Dad wanted was a small farming sheet of paper using carbon paper. to move out of McBride to a busier I went through the Notary program community to give all of us children community, just starting and worked as an assistant until 1989 more opportunities for schooling to develop with the when a Notary Seal became available and jobs. for Langley so I could write my implementation of the statutory exams. In those days, Seals Agricultural Land Reserve. were limited geographically. In June 1989, I became official and was sworn Langley in those days was a small in as a BC Notary. farming community, just starting to That was just about the time that develop with the implementation of the some offices were starting to bring in Agricultural Land Reserve. Just a block computers. Later that year, we brought away was a “Buckerfields” store that in four computers (Macs)—at a cost marketed feed and farm supplies to of $4000 per unit—with extremely Lower Mainland poultry and livestock slow word processors. They came with farmers. conveyancing and accounting software In addition to his Notary practice, that I am running to this day. Dad had two REALTORS® working The computers were a huge game- under his real estate company to assist changer for real estate documents, with office income. That lasted only contracts, agreements, and of a few years; he closed down the real course Wills and Powers of Attorney. With my dad Stan when I was sworn in estate portion to focus on the Notary The number of trust accounts in our at the Vancouver Court House in 1989 practice. office went from 2 to 10.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 14 TABLE OF CONTENTS “Never have to cross the street to avoid someone.” Open Your Doors

I was very blessed to have such a great mentor in my father and to a New Wave fortunate to have so many fabulous colleagues to call upon when stuck of Customers! with an issue or to brainstorm a file. In the spring of 2014, my The Boomer-Senior Market daughter Alex started to work in the Wants to Do Business practice as a relief receptionist; she needed a part-time job. She was at with People They Trust . . . SFU working on her undergraduate People Who Alex as a budding young Notary, degree, planning to go into teaching. although no one knew yet At some point in 2015, she let Have Taken the Time Dad retired in 1993 and the me know she no longer wanted to be to Learn about Their Needs! practice continued. Later that year, a teacher. When I asked her what she wanted to do with her degree, she my daughter Alex (Alexandra) was We Have Helped born. Little did I or my Dad know responded, “I don’t know.” I suggested where her journey would take her. she look at the Master of Arts in Thousands of Businesses Grow Sadly, Dad passed in 1995; he did Applied Legal Studies (MA ALS) by Teaching program for BC Notaries, also at SFU. not get to see how Alex came to work What Boomers and Seniors Want where he started his practice. On June 13, 2018, my darling and In 2007 we started electronic daughter Alex was sworn in as a registration and digital storage. For our BC Notary. I can’t even begin to How They Wish to Be Treated! describe my emotions that day. small office, that was significant. In Call Us Today 2010 we started a website presence— I have spoken to many of my wonderful we had progressed from typewriters colleagues whose children don’t want to Learn to the electronic production of to follow in the footsteps of their mom How We Can Help or dad Notary. I am one of the lucky documents, electronic marketing, and Your Business Grow! digital storage in just a few years. ones and so proud to have Alex taking Quite the transformation! over the family practice. What hasn’t changed is the I am winding down my career. personal presence. We still make sure Alex has been charged with redoing a real person answers the phone and the office website and has many fresh it’s important that I answer my own ideas for the practice. She networks calls and return messages. with her new BC Notary cohorts. I have no doubt she will take the Making calls in person to the practice forward and be an integral hospital or someone’s home is part part of the future of our Society of our practice when clients are unable of Notaries. s to come to our office due to health or physical impairment. Michael Kravetz is a BC Notary practising in Langley. The basic principles of business I was taught by my father Stan, I have Founder, Rhonda Latreille, MBA, CPCA passed on to Alex. Two things I will always remember my dad saying to me. 1. “Never have to cross the street to avoid someone.” 2. “A person’s financial station in life should not determine the amount of the fee charged and sometimes 1-877-272-8086 it is appropriate to charge With Alex at her Notary installation www.CPCAcanada.com nothing.” ceremony in June 2018

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 15 Phyllis Simon (L) and Chelsea Kramer

Community at Its Finest

BC Notary in a smaller My staff brought their own connections While some professionals centre can expect to to the office and, little become knit into the by little, things settled become adversaries fighting A down to years of good for a share of the marketplace, community in wonderful ways. business. I encouraged we are more likely to call When I opened my practice Debra Burden two of my assistants, in Vernon in 1983, the citizens of Debra Burden and our colleagues to refer British Columbia had recently made Charlene Silvester, favourite clients because it clear they wanted options in legal to become Notaries. we cannot fit them in. services. Interest rates remained Debra recently retired high, bankruptcies in business were after completing frequent, and men without work her 25th year as We are good friends, supportive became commonplace. On a sunny a BC Notary and of each other in business and as Okanagan work day, the playgrounds Charlene Charlene continues families. Those relationships are and beaches saw noticeably more men Silvester to work across town. priceless and have added much to my caring for their children. Rhoda Chapman life over the years. I can reach out to Business was anything but brisk and Chelsea Kramer good friends when working through but I was fortunate the people of complete the difficult situations. Cooperation in Vernon were accustomed to dealing Notary presence a small centre creates an environment with a Notary Public. Those in the in Vernon today. of stability and personal support that profession who had retired left a While some is valuable in ways not evident on a financial statement. legacy of confidence I could build Rhoda professionals become on. I enjoyed support from the law Chapman adversaries fighting I work 3 days a week for Notary firms where I had worked previously. for a share of the Chelsea Kramer. Our easy relationship I was already well known as an active marketplace, we are more likely to call benefits us both. When Chelsea took volunteer in the community and an our colleagues to refer favourite clients two short maternity leaves, I ran the active member of the faith community. because we cannot fit them in. business full time. Now she takes

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 16 TABLE OF CONTENTS I have enjoyed a rich and purposeful life over the 35 years I have been a BC Notary serving the people of Vernon and surrounding communities.

Wednesdays off to attend to swimming or riding lessons with her little girls; KABAN I also have time to participate in things PROTECTIVE I love to do. It’s the best balance Margot R. of working and doing other things Your Security I enjoy. My garden flourishes with extra Rutherford* and Protective Specialists attention and I have lots of time for my family and the senior people in my life. Notary Public • CRIMINAL & CIVIL INVESTIGATION A Member of The Society • DUE DILIGENCE My husband John and I are Board of Notaries Public of British Columbia • CORPORATE INTELLIGENCE Members of Pioneer Place Society *Denotes Professional Notarial Corporation and operate and manage a 24-unit Tel.: 604 251-2121 affordable housing complex for Fax: 604 251-2323 seniors. I have been a Board Member 981 Fitzgerald Avenue Toll Free: 1-866-451-2121 of Turning Point Collaborative Society Courtenay, BC V9N 2R6 (formerly John Howard Society) [email protected] Tel: 250 338-6251 in Vernon for 17 years; the Society www.kabanprotective.com Fax: 250 338-5337 is in the midst of an $11.2 million housing project that will alleviate email: [email protected] Associates in 63 Countries a small portion of the homeless situation in our city. I have been around for so long, many clients have become friends. It is a wonderful part of my work day to meet with people I have seen many times before. They leave with a handshake or a warm embrace. Long-time relationships strengthen each of us. This is community at its finest! Clients know the day will come when I will no longer be working. “Will the new girl Chelsea be my Notary?” My answer is always, “Yes, she will be! I am confident Chelsea will treat you well. You can count on her to help you make good decisions and since she is young, she can be your Notary for as long as you will need one.” I have enjoyed a rich and LEAD A purposeful life over the 35 years I have been a BC Notary serving the NEW ERA people of Vernon and surrounding When you help your clients communities. The public has a sense leave a legacy, you’re helping us of having invested in me and the work break boundaries in pediatric care. I do. What a privilege it is to serve the community in this way! s Discover more Phyllis I. Simon is a BC Notary 604.875.3679 bcchf.ca/advisor in Vernon.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 17 Beverly Carter

BC NOTARY IN VICTORIA Oh, That’s Just Capital!

love what I do! Plus I have In addition, we have the Juan sector, provincial and federal de Fuca electoral area and the government offices, Capital Regional the wonderful opportunity Gulf Islands. The diverse range of District, Island Health, universities and to have a Notary practice in neighbourhoods and areas include colleges, three school districts, and I urban core, new urban core (Uptown), CFB Esquimalt Naval base. The area the second-largest urban centre historic, active, retirement, new ethnic, is increasingly developing as a marine, in Beautiful British Columbia. university suburban, small-island forestry, and agricultural research hippy-chic, rural, and agricultural. centre. And of course our fair Capital Victoria is one of the most City of British Columbia has never- desirable places to live and work in ending political prose. Canada. When I was 8, I travelled Real estate is quite complex The 13 municipalities with the from my hometown Summerland in because of all the unique very strong institutional background the Okanagan Valley to the Island and features of the land, set the stage for my BC Notary fell in love with Victoria and Vancouver practice and the clients we serve daily. Island—Victoria’s quaint historic municipalities, and districts; The fractured level of local governance charm was a big draw. they require my team to has very real effects on the real I dreamed of living here and, have strong local knowledge. estate. The financial institutions, both in a rather circuitous route via Toronto, provincially and nationally based, have landed here 20 years ago with I’m not sure about the rationale limited understanding of the diverse newborn and 7-year-old sons in tow. for 13 municipalities today, where local governances. Real estate is quite I’ve been fortunate to raise my family efficiencies and government complex because of all the unique and build a successful Notary practice accountability are important to features of the land, municipalities, in the heart of Victoria. tax-paying citizens. There are strong and districts; they require my team Many people call the area Victoria, vocal advocates for keeping things to have strong local knowledge. but it is really Greater Victoria Area, the way they are while others are At Carter Notary, we serve clients home to 13 distinct municipalities. actively working toward amalgamation. and their families, from babies to Nonetheless, that is one of the In Order of Size centenarians. A special feature of reasons we are unique. my practice is personal planning Saanich 114,148 documents: Wills, Powers of Attorneys, Victoria 85,792 Greater Victoria is a world Representation Agreements, and Langford 35,342 destination for living. It ranks high Advance Health Care Directives. Oak Bay 18,094 in categories like walk/bike to We are equidistant to the two main E s quimalt 17,655 work, weather, and culture. The hospitals—the Royal Jubilee Hospital Colwood 16,859 natural beauty, good food, and cool and Victoria General Hospital—so a lot Central Saanich 16,814 things to do attract intelligent and of our work takes place out of office. Sooke 13,001 vibrant students, millennials, civil Sidney 11,672 servants, professionals, retirees, and With my background in teaching North Saanich 11,249 adventurers. and caring for two aging parents View Royal 10,408 People living in Victoria are under difficult circumstances, along Metchosin 4,708 employed in diverse backgrounds in with a pragmatic, grassroots nature, Highlands 2,225 business, the emerging technology I am able to meet with people

Stats Canada 2016 census population statistics https://www12.statcan.gc.ca/census-recensement/2016/as-sa/fogs-spg/Facts-csd-eng.cfm?LANG=Eng&GK=CSD&GC=5917021

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 18 TABLE OF CONTENTS Staff

Vicky Kayla Jamie Rachel going through all ranges of health to allow for rapid transit and concerns, including terminal illness, biking to facilitate a more efficient with kindness, compassion, and the throughway. As a result, we draw from gentleness required to help work very diverse social, economic, ethnic, through important documents. and geographic areas. We may be the On the other end of the spectrum, stopping point for a notarization after new parents bring in their babies work or have a civil servant signing and we work through their wishes for a Will over a lunch hour. their Will. We regularly go “that extra No two days are ever alike for us. mile” to help families from out of town I believe what leads to my success who just need some good guidance as a BC Notary is my flex “ability” from a trusted person. to blend my rural, agricultural My Notary team consists of me upbringing in Summerland with my and four staff members: Vicky, Kayla, teaching background and corporate- Jamie, and Rachel. And we rock it! government experience into an urban professionalism. I come from a share our Our tagline is “How can we help you?” We focus on a client-centred service strong family never afraid to talk and to make sure the experiences are as a neighbourhood where we were all Commitment seamless as possible. Our clients are connected. We enjoyed our easy-going diverse—labourers and trades, senior Okanagan ways and we all lent a hand government executives, students, to help one another. The Animal Welfare Foundation retirees, and new Canadians. of Canada aims to improve the lives of animals by allocating We embrace best legal practices. No two days donor funds to worthy animal One of us teleworks. We use all are ever alike for us. welfare charities conducting the modern technology and are as innovative educational, research paperless as we can possibly be. That down-to-earth upbringing, and public outreach initiatives. My kids joke that with my three along with my big city and working/ monitors, I must be secretly gaming. business experience, made becoming You can share in this commitment I call my staff my “work family” a Notary Public a natural fit. through a donation or bequest to since we spend a lot of time together. And generally I’ve always found AWFC. To learn more, please visit They matter. Their input into the Victoria to be a city that acts like www.awfc.ca. business matters. Their health a small town. In parallel, Carter Notary matters. Their blood family matters. is a modern urban legal practice that It’s important that we laugh, work embraces small-town friendliness. hard, and play hard. I could not run I educate newcomers on how the a successful business without the big city operates. To meet people in dedication and smart work of each Victoria, you need to have an activity of these wonderful and skilled women. in common with them—not work— We are located 5 minutes from perhaps walking, pets, book groups, AWFC dragon-boating, volunteering, or any THE ANIMAL WELFARE FOUNDATION OF CANADA downtown Victoria and close to both ANIMALFONDATION WELFARE DU BIEN-ÊTRE FOUNDATION ANIMAL DU OF CANADA CANADA major malls. Mayfair Mall is undergoing range of other activities. No matter a substantial facelift and Uptown Mall where my clients are coming from, Suite 643, 280 Nelson St. Vancouver, BC V6B 2E2 is the new urban core for Saanich. I can usually relate to them and serve www.awfc.ca We are geographically located on two them beyond simply doing their legal s main arteries in and out of the city. paperwork. Charitable registration number 11878-7290-RR0001 One of those, Douglas Street, Beverly Carter is a BC Notary has seen substantial construction practising in Victoria.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 19 Charmaine Van Tine

Best of Both Worlds

ell, if living in the city Buying vegetables and eggs club of clients that schedule their means stopping at a roadside stand appointments to ensure he will also be and working in the and paying with coins into an honour in the office when they come in. country is wrong, box and taking your children to school W in a 5-minute walk. I don’t want to be right!

My living and working Business attitudes in the arrangements were not always this country differ from the way. In 1985 my husband Darryl, our two children, and I moved from Prince city, too, perhaps because George into the Village of Brentwood overall, it is a less stressful Bay on the Saanich Peninsula, environment. Vancouver Island. I was always amazed and That laidback attitude made it delighted—still am—that I could be appealing to have my Notary practice living in such a beautiful little village, in Brentwood Bay as well—and 26 home to the world-renowned Butchart years later, it still appeals. Now my Gardens. Living in the country within husband works with me in the office, a radius of a 25-minute drive north, having retired from his management I could be on the ferry to the Mainland position with the Government of or on a plane leaving from the Victoria Nunavut. Our daughter’s Yorkshire airport. Driving south, I could be Terrier Marley is in the office 3 days seated at the Royal Theatre in Victoria a week, taking his job as office greeter watching a world-class performance. quietly but seriously. He has a fan With Marley, the office greeter

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 20 TABLE OF CONTENTS Notary office Catch of the Day ride along the waterfront and out to It has always been rewarding to Brentwood Bay along backroads on the have a Notary practice that serves east side of the peninsula. generational clients—to have families We traded country life for living with young children buying homes on the water in the city, being able to while referring their parents to me Our float home kayak, go biking on our water bikes, for Wills, Powers of Attorney, and my home is no longer in the country. or just go out on the boat for an Representation Agreements, followed In 2007 we had the opportunity to evening dinner cruise. The float planes, by—in what seems like a ridiculously design, build, and move into a float early morning tugs hauling barges out few short years—the same young home. My BC Notary office stayed in of the upper harbour, boats, ferries, children now as adults, coming in for Brentwood Bay, our now-adult children and the constantly changing light and their personal planning documents and who were attending the University of colour of the ocean and sky make our buying their first home. Victoria stayed in our house, and we views a kaleidoscope of activity—a Business attitudes in the country moved into our 1800-square-foot float drive-in or IMAX screen theatre right differ from the city, too, perhaps home in a marina in the city harbour. out our living room window. because overall, it is a less stressful We joke that our kids didn’t leave Last weekend we were fishing environment. People coming into my home so we did! in the Strait of Juan de Fuca and office invariably are friendly with a Now we commute to Brentwood saw several seals. That means you’re relaxed attitude. Where a city worker Bay in the opposite direction of city not likely to catch fish or, if you do, may see the upcoming work day as a traffic with our best commute taking not likely to get anything other than series of looming problems, a country the backroads on our motorcycles the head of a fish into your boat. worker tends to view everything with along the west side of the peninsula Throughout the day we saw river otters the attitude that problems are really or, for a very surreal experience, along the shoreline and sea lions off just unfinished business. riding around the downtown streets Race Rocks in the Strait. Today, roadside stands with their of Victoria before the city wakes up, What made the day particularly honour boxes are not as plentiful and when the air is cool and fresh, the memorable was the 20 minutes streets are deserted, and you can ride watching Killer Whales round up fish slow enough to read shop signs. I like by gathering into a large circle and tail- to pinpoint the location of shops and slapping the water with such force, the boutiques I have heard or read about sound reverberated down the Strait. and for Darryl—that’s his preferred It was motor off and fishing lines in, method of window shopping. to watch a world-class performance Once the delivery vans start to put on by our iconic BC southern show up, we leave the city for a scenic resident Killer Whales. Next time out was our day for catching fish, reeling in a 28-pound Chinook and a 10-pound Coho that will keep the smokehouse and freezer full for a while. Now on my wish list is finding another BC Notary to join me so there will continue to be a Notary at this location for another 26 years. s Charmaine Van Tine is a BC Notary Darryl with Chinook Ride for Dad Prostate Cancer Fundraiser in Brentwood Bay.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 21 Editor’s Rhoda Chapman Prefer Paperless? We will notify you by email when the magazine is posted online, quarterly. Please visit www.notaries.bc.ca/scrivener or email [email protected].

NORTH OKANAGAN NOTARY People Smile at Each Other Here ©iStockphoto.com/constantgardener ©iStockphoto.com/studiogstock n 1989 I set up my Notary and often lead to repeat and referred business. In a small city, you may help Public office in Vernon, a client with a Power of Attorney one NEXT ISSUE sharing my small office day and help his or her granddaughter I with the purchase of a condo the next. Winter 2018 with a travel agent. Whether you are retired or just It quickly became a popular starting out with a young family, the Charitable Giving option for Notary services in the North North Okanagan is a wonderful place Okanagan. to live, with lakes for swimming, mountains for skiing and hiking, Article Deadline Soon we outgrew that office and and the best weather in the country. November 1 moved to new digs a block away where People smile at each other downtown my support staff doubled . . . from and the bank staff knows you by name. Advertising Deadline 1 to 2. November 15 Our second-storey Notary office has a great family feel. Willingness Favoured by seniors and to do our best on behalf of our clients has become a trademark on which our working people, our caring clients rely. And if clients cannot come To Send Photographs manner and gentle ways to the Magazine to the office, I go to the clients—in create trust in our clients hospital, in seniors’ facilities, or their Email your images to own home. [email protected]. and often lead to repeat and referred business. Distractions like a couple of sons Please send photos at the original and major surgery took me away from size. Do not reduce or retouch. the business for a while but I am back . . . and very proud to be a trusted A professional but casual and BC Notary Public in our town. Our loyal [email protected] friendly atmosphere is reflected in clients are grateful we are here! s Telephone: 604 681-4516 our office. Favoured by seniors and www.notaries.bc.ca/scrivener working people, our caring manner and Rhoda Chapman is a BC Notary gentle ways create trust in our clients in the North Okanangan.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 22 TABLE OF CONTENTS Gord Rattray

The Factory-Built Housing Industry for Town and Country

anufactured home, intended to be long-term structures, The Canadian factory-built because of the materials used and the modular home, trailer, housing industry is working specific construction practices. Looking mobile home, trailer to move beyond the original short-term M diligently to…provide accommodation intent of those homes, park, mobile home park, further education on the the industry built a relationship with manufactured home park origin, evolution, and the the Canadian Standards Association (CSA) in the early 1970s. and/or community, off-site future of this innovative and growing industry. Under the leadership of the CSA, construction, secondary home, the CSA Z240MH standard was on-site construction, land-lease created, essentially stipulating building sustainable solutions and innovative requirements that must be met, community . . . designs that meet discerning ranging from steel-frame construction homeownership needs. Those terms are loosely, and practices to the types of electrical, The original travel-trailers and in many cases incorrectly, used to plumbing, lumber, insulation products, mobile homes were, by design, never explain homes built in factories and and more. the locations to which the homes may located. The Canadian factory-built housing industry is working diligently to bring consistency to the terminology and provide further education on the origin, evolution, and the future of this innovative and growing industry. The intention of this article is not to resolve the terminology matters— although it can hopefully provide some rationale for the basis of many of those terms, but to speak to the many factory-built housing products being utilized in urban and rural areas in British Columbia. Factory-built housing today has evolved a long way from its postwar travel-trailer beginnings. Today’s factory-building methods are continually undergoing adaptation to remain on the forefront of providing Modular Laneway Home CSA A277 Project constructed near UBC

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 23 MHABC Staff Photo: Bridgewater Modular Home Development - Penticton and Example of Conventional A277 Construction with Secondary Home Installation of CSA Z240MH – Langley components craned onto a foundation

Today, this standard remains the With those explanations in place, “foundation” for all homes intended All manufactured homes it is time to move to the real intent for relocation into manufactured are subject to inspection of this article to deal with the use home communities—a move away of factory-built homes in “Town and from the trailer or mobile home park by third-party organizations Country” settings. terminology—or onto private land. responsible for monitoring When talking about Town settings, The standard is continually updated compliance with the on a 6-to-7-year basis incorporating the majority of local government new building products and practices. Z240MH standard. jurisdictions in British Columbia (all 150 or so) are moving toward Today’s manufactured homes densification to address increasing do not come standard with wheels CSA A277 is a plant standard. population demands and demographic and axles, the basis for the A plant standard means the company changes. The use of smaller homes, original trailer or mobile home has been authorized to build homes multilevel condominiums and nomenclature. The MH in Z240MH in compliance with current provincial townhouses, as well as laneway homes now stands for “manufactured building codes and local government (also known as “granny” cottages) are home.” All manufactured homes bylaws. some of the strategies being adopted are subject to inspection by third- by the jurisdictions. party organizations responsible for When a company determines it monitoring compliance with the wishes to build homes to CSA A277, The “bread and butter” homes Z240MH standard. the same third-party inspection of the factory-built housing industry agencies certify the plant has the are 1500-to-2000 square-foot • In British Columbia, 70% to resources and experienced personnel structures. The PNE homes are 75% of all factory-built homes to design and build homes in modular homes constructed utilizing purchased are constructed to the compliance with respective codes. the A277 standard and ranging Z240MH standard. Modular homes can be placed on from 3500-to-5000 square feet. • Further, where many earlier homes anchored or cement-based crawl- Consequently, A277 homes have were sold in 12- and 14-foot space or full-basement foundations much smaller footprints than many widths or double-wide homes incorporating engineered floor systems. typical site-built homes. Modular home (two sections married together subdivisions are being developed in They are materially no different to increase floor space), today many communities across BC; there than systems used in “on-site” most homes come in 16-, 18-, is strong demand for those modern- constructed homes (often termed 20-, and 22-foot widths, thereby looking and energy-efficient homes. “stick-built” and constructed solely achieving increased floor space on a property using standard building For multistorey homes, the factory- in a single unit. materials). The A277 homes, however, built housing industry has the ability In the evolution of factory-built can also be placed on steel frames to construct those types of structures homes, a successive standard was similiar to CSA Z240MH homes. The utilizing modular “components” that developed: CSA A277 or modular A277 standard is updated on a 6-to-7- can be “stacked.” More innovative home. While the CSA Z240MH is year basis, as required by the Z240MH designs often allow for the inclusion of really a stand-alone building code, standard. appliances in the modular components

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 24 TABLE OF CONTENTS prior to leaving the factory. The use of multistorey modular-constructed homes will continue to expand as architects and engineers become more familiar with the design standards. As well, local governments are increasingly recognizing the environmental benefits of less waste and reduced construction impacts upon the neighbours owing to more rapid construction times and construction efficiencies. In many town or urban situations such as in BC’s Fraser Valley, there are many restrictions on having more than one principal residence on the same plot of land. Where those situations are encountered, many local government jurisdictions allow for the placement of secondary homes where the respective second home remains portable. The CSA Z240MH standard readily fits the bill in those situations Photo compliments of Brookswood Homes and allows many residents having Typical CSA Z240MH Double Wide Manufactured Home for installation larger tracts of property to allow family in a manufactured home community or on private land members to relocate to the same are not interested in the property- piece of property without violating maintenance demands. community plans or bylaws. The use of multistorey modular-constructed homes Manufactured-home communities In addition, laneway homes will continue to expand as favour the use of Z240MH homes and, constructed to the A277 standard are in many locales, manufactured-home becoming a desired form of housing architects and engineers communities remain viable options where families wish to remain in place become more familiar with for a wide range of homeowners . . . with the extra accommodation allowing the design standards. younger people just starting out, to parents or younger generations to live the older generation looking to retire on the same property. Today, local in their own homes. governments are accommodating offer turnkey contracts where the laneway homes by developing bylaws respective company orders the home, In many locales, there is ever- addressing size of the homes and constructs the on-site assets including increasing pressure on maintaining set-back requirements. They are also foundations and electrical/water/sewer manufactured-home communities avoiding persistent vehicle-parking connections, and “cranes” the home due to the economic realization challenges by requiring the laneway- onto the foundation upon delivery from of escalating property values. home design to include provision for the factory. Those facilities, however, will remain parking vehicles on the respective mainstays in those communities that property rather than on adjacent Many sales firms across BC are recognize the value of individual home streets or lanes. experiencing greater demand for ownership and support the benefits modular homes constructed on private noted by the residents who favour For the country environment, properties as purchasers realize the the lifestyle offered by the facilities. factory-built homes are achieving quality and efficiencies associated with success in adapting to the current this type of housing. Today’s factory-built homes will demographic challenge of finding have the same lifespans as any home qualified companies and builders While many people would like constructed in BC because they to construct on-site homes. to have homes on their own private are built using the same building property, many more are interested codes and associated construction Today, many home purchasers in residing in manufactured-home practices. s who own bare-land properties are communities. That allows people having homes constructed in factories to own their homes where the ability Gord Rattray is Executive Director with centralized resources and to purchase land is not an option of the Manufactured Housing qualified personnel. The sales firms due to expense or availability or they Association of British Columbia.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 25 Kim McLandress

Considering a Manufactured Home?

n today’s market, the option for renting the land space. The average not real property, therefore the cost to rent a manufactured home conveyance process is different. to purchase a manufactured pad in the Chilliwack area is $500 First, a manufactured-home search home may appear an to $600 per month. That cost is not is conducted instead of a title search. I comparable to strata fees; strata In BC, manufactured homes are attractive opportunity for those fees average $200 to $350 per registered through the Manufactured getting into the market or month, including operating costs and Home Registry in Victoria; the maintenance. bill of sale must be witnessed or looking to downsize. With a manufactured home notarized and submitted in person, by mail, or through BC Online with an It is much more affordable purchase, the buyer is paying to have identification form—unlike the transfer in the current market to purchase a space in the park. The buyer is of real property that is done online a manufactured home. On average usually responsible for the upkeep through the Land Title Office. in the Fraser Valley, it costs $75,000 of the home and yard. for a single-wide and $150,000 for Property transfer tax is not a double-wide home. A manufactured home applicable on the purchase of a manufactured home because it is not There are many factors is considered personal the purchase of land. If an individual to consider. property, not real property, has owned a manufactured home as In most cases with the purchase of therefore the conveyance a principle residence, he or she can a manufactured home, the buyer owns still claim the first-time homeowners the home, not the land. The majority process is different. grant on a future purchase (unless the of manufactured homes are located manufactured-home owner also owned in privately owned manufactured-home In some cases, manufactured the land where the home is placed). parks, operated by a manager who homes are located on leased land If a change is required on transfer usually lives on site. where the manufactured home is documents of a manufactured home, The contract for purchase and sale purchased and the lot is leased. There such as when an owner passes of a manufactured home is subject to are very few on freehold land that the away or there is a name change, the park manager’s approval. Typically, buyer also owns. If the owner owns certified true copies of the death the park manager would set up an the land, the manufactured home is certificate or marriage certificate interview with the potential purchaser usually deregistered, an exemption are sufficient—unlike the Land Title to go over the park rules and sign a is filed with the Manufactured Home Office that requires the originals. tenancy agreement. Park managers Registry, and the home is then If an owner wants to move the generally prefer that owners occupy considered part of the property. manufactured home, he or she will the homes. In the Chilliwack area, there are require a transport permit because the 21 manufactured-home parks with Each manufactured-home park registered location must match the pad rentals, 2 on leased land and is unique with no unified pad-fee physical location of the home. 1 bare-land strata. structure. “Pad rental fees” are To transfer a manufactured home, payable monthly to the park manager A manufactured home is it must have a Canadian Standards or management company, essentially considered personal property, Association (CSA) certification

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 26 TABLE OF CONTENTS If a manufactured home is over It can be difficult to obtain 25 years old, the home will be highly financing for the purchase scrutinized; the lender will want to see pictures, an appraisal, and of a manufactured home, a list of depreciating assets in the especially if it is on a pad. manufactured home. The lender will also want confirmation that the home label. There is usually a clause in is on a concrete foundation or welded the contract of purchase and sale down and cannot be easily moved, stating the seller is responsible to to provide some assurance that the provide a valid CSA label that shows lender’s interest is secure. the CSA number for the home. If the If the purchaser is approved for label has worn off, been removed, or a mortgage, the rate will be the posted is lost, that can create a delay in a rate and will not be discounted unless transaction. If a label cannot be found, the potential owner is CMHC insured. the BC Safety Authority will allow a That requires the client to prepay up licensed electrical contractor to do to 4 percent of the mortgage amount. an inspection and confirm the home As with most big purchases in meets the safety standards. life, it is important that clients have It can be difficult to obtain all the relevant information to make financing for the purchase of a an informed decision. BC Notaries manufactured home, especially if it is can share the positives and negatives on a pad. Potential lenders will look at and the process of how manufactured the economic life of the manufactured homes are conveyed with clients home; they depreciate much faster considering the purchase or sale than real property. of a manufactured home. s To determine the economic life, a lender will look at improvements that have been made to the manufactured home such as roof, deck, and exterior siding. Improvements will extend the economic life. If a lender determines WHAT’S THE there are 20 years of economic life ® left, the lender may consider funding Local REALTOR Ron Plowright (L) REAL VALUE and mortgage planner Steve Brouwer the purchase. The amortization period, with whom I spoke about mobile homes however, will be the economic life OF YOUR minus 5 years. For example, with Kim McLandress is a BC Notary PROPERTY? 20 years of economic life left, the practising with Simpson Notaries lender will fund a 15-year mortgage. in Chilliwack. AIC-designated appraisers can tell you.

Serving all of British Columbia AICanada.ca/British-Columbia

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 27 Amanda Magee Exploring the Value of Title Insurance for Rural Properties

n the summer issue, Title Insurance in Action to demolish the addition, reconstruct for Rural Properties: it to building code standards, and we looked at how title Claims Stories from Our Files install a new septic system located at an appropriate distance from the insurance protects owners Lack of Legal Access to the Property I home. We also paid for alternative of residential real estate and, When a neighbour sold an adjacent accommodation for our insureds in particular, those in urban property and the new owner had the during the remediation as it was property surveyed, it disclosed that unsafe for them to remain in the areas. To recap, an owner’s the driveway our insureds used to home. policy protects against losses access their property encroached onto the adjacent property. A survey A Title Insurance Policy due to the following. of our insureds’ property confirmed Provides Security Both During and that the driveway was not on their After the Real Estate Closing Process • Title fraud such as the registration land and also revealed that their of a fraudulent mortgage on title property abutted two difficult access • Coverage is valid for the entire (which is more of an issue on areas: An undeveloped 80-foot- time the insured owns the high-value, fast-closing urban long rock bluff and a roadway on property. properties) a substantially different elevation than the insureds’ property. • A one-time premium is payable • Unmarketability of the insured The insureds had legal access at the time of closing. land due to adverse matters that to their property but did not have would be revealed by an up-to- actual access. After the neighbour • The Owner Policy also protects date survey demanded that our insureds remove anyone who inherits the property • Real property tax or utility arrears, the driveway, Stewart reimbursed the or the insured’s spouse or child including the Vancouver Empty insureds for the cost to have one of if the property is transferred to Homes Tax the roadways developed so they could their spouse or child for nominal access their property. consideration. • Existing work orders or strata fee arrears Hidden Septic System • The insurable amount is the After purchasing their home, our purchase price of the property • Forced removal by a governmental insureds noticed a lingering, pungent and will increase as the value authority of a structure built odour emanating from under an of the property increases up without a required building permit addition on the back of the house. to a maximum of 200%. s • Zoning and setback On investigation, they discovered the This article is intended to provide noncompliance, including addition was constructed without the information that is of a general nature. that of a strata complex previous owner obtaining a permit. The town issued an Order requiring Please review your actual Stewart Title While purchasers of rural the insureds to obtain a permit. Since policy for full coverage details. properties enjoy the same coverage as the addition was illegally constructed urban buyers, there are issues specific on top of the septic system, the Amanda Magee is Director of Business to rural properties that are also septic system had to be relocated. Development for Stewart Title’s Western covered by a title insurance policy. Stewart spent more than $130,000 Canada Operations.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 28 TABLE OF CONTENTS Identity Theft: You and your clients can always be The Benefits of Title Insurance for Both Rural and Urban Properties: there for them. Claims Stories from Our Files Fraudulent Transfers by Family Member An individual who owned a significant number of mortgage- free commercial properties lived with his adult son. The son, who shared the same name as well as the same address as his father, impersonated his father and fraudulently transferred the commercial properties to co-conspirators. The son then paid his co-conspirators to obtain mortgages from private Give a second chance at a happy life. . . there is no better gift you can lenders. Upon discovering the make to an animal in need. Include a gift in your Will or designate a life frauds perpetrated by the son, insurance policy to the BC SPCA to set tails wagging! the father initiated proceedings to have the mortgages declared Visit us today at spca.bc.ca/foreverguardian, or contact invalid and removed from title. Yolanda Benoit Many of the lenders in those [email protected] mortgage transactions had obtained title insurance policies 1.800.665.1868 Charitable Registration # 11881 9036 RR0001 from Stewart Title. Stewart Title investigated the lenders’ claims. It was found that the mortgages were invalid and we paid the insureds’ losses suffered as a result. To date, Stewart Title Recovery is Possible. has paid more than $2,500,000 to insured lenders that were You can help. victims of this individual’s frauds. When your clients remember Coast Mental Health Foundation Power of Attorney Forgery in their Will, they help make recovery from mental illness Using a forged Power of Attorney possible for thousands of British Columbians. purportedly signed by his elderly mother, a son transferred his mother’s property from her name to his name and proceeded to mortgage the property without her knowledge or consent. The elderly woman discovered the fraud when mortgage enforcement notices were mailed to her home. The lender, who was insured by Stewart Title, made a claim under its policy. After determining that the Power Coast Mental Health Foundation of Attorney was a forgery, Stewart Registration Number: 86150 8018 RR0001 Title paid the insured lender For more information, please visit the full amount owing on the coastmentalhealth.com mortgage, which amounted to over or contact us directly at 604-675-2317. $65,000.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 29 Craig Johnston (L) Mike Thomson

LTSA: Trusted Resource to Help Notaries Serve BC’s Diverse Communities hey say money makes Although BC’s urban areas in each filing can differ significantly generate a greater volume of property depending on where the property is the world go round and transactions, the vast majority of land located. BC Notaries can rely on the economic development in our province is rural. Those lands Land Title and Survey Authority of T are often Crown lands that have not British Columbia (LTSA) to provide puts this notion into practice, been surveyed. Much of rural BC that a consistent experience no matter driving land-use decisions and has been alienated from the Crown where your practice leads you. to private interests lies within the Starting from the Ground Up where people choose to reside. Agricultural Land Reserve (ALR). Dealing with development proposals When it comes to land title matters, Globally, urban centres are the on or even transfers of land within the everything starts from the ground up economic growth engines that attract ALR adds different requirements to with land surveys. Land survey plans youth and working-age populations those property transactions. document the legal boundaries of from near and far with their abundant properties and certain interests in opportunities and social investments. land. In urban centres, parcels are In 2014, 54 percent of the world’s Although BC’s urban areas generally smaller and often the subject 1 population resided in urban areas. generate a greater volume of a re-survey, where the accuracy In BC, this urbanization trend of property transactions, the of parcel measurements tends to is more extreme. be diligently scrutinized. In rural vast majority of land in our areas, the size of each parcel is often • In 1951, 68% of BC residents larger; it is more common for parcels were urbanites. province is rural. to include an ambulatory natural • In 2016, that figure increased boundary. to 86%, with 60% residing in the The many smaller towns, Metro Vancouver and Fraser Valley municipalities, and regional districts Certainly BC’s major urban centres regions, i.e., approximately 2% in rural areas tend to conduct business have connections to bodies of water, of the land area in BC.2 in different ways and use different but those tend to be industrial or sets of information than urban civic properties rather than residential • In fact, BC was the most areas, which may present additional or family holdings. Of course there urbanized province in the country differences that must be understood. are exceptions, for example, many in 2016 and its rural population Interests stemming from industrial waterfront homes in West Vancouver 3 has been declining and aging. or commercial activities centred on where the natural boundary can be natural resources may also bring very difficult to determine, given 1 https://esa.un.org/unpd/wup/publications/ different considerations into play when the intense historic man-made files/wup2014-highlights.pdf completing rural area transactions. manipulation of the shoreline. 2 https://georgiastrait.org/issues/urbanization/ While the same requirements Land-use differences also 3 http://www.vancouversun.com/business/ apply and the same forms are used to manifest themselves through the barbara+yaffe+urbanization+trend+only+ complete property transactions within various statutes and regulations that intensify/11738824/story.html the land title system in BC, the details inform property transactions. In urban

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 30 TABLE OF CONTENTS areas, BC Notaries will see more the BC Notary is often required More than just ensuring secure transactions involving subdivisions to research the original Crown grant access to the myLTSA portal, the (dealt with under the Land Title to understand what may or may not LTSA supports certainty of title and Act), condominiums and townhouse have been included. the integrity of BC’s Torrens system developments (under the Strata That may even include main trunk by operating BC’s land title offices in Property Act), and other high-density roads and highways that physically accordance with the Land Title Act and residential living structures that exist, perhaps gazetted, perhaps only dozens of other statutes that affect may lie within an Air Space Parcel. in existence through the expenditure ownership of land. The system provides There tend to be more properties of public monies, some never an up-to-date official and public record encumbered by charges for easements surveyed, and many never formally of who owns the land and the charges and rights-of-way; “volumetric” excepted from the property’s title. and interests that relate to land titles. rights-of-way and similar charges are Dealing with unregistered roads and It makes land ownership and transfers becoming increasingly common. highways—and understanding the simple and conclusive, providing certainty to both the seller and the Taxation matters and application legal versus the practical access to purchaser. approvals are usually handled directly a parcel—is common for those who with the appropriate municipal handle rural property transactions Certainty of title is bolstered by government; in rural areas, those in BC, including land surveyors a high-quality, well-maintained survey authorities lie with a Regional and BC Notaries. system that underpins land ownership District or the provincial government, and land information in BC. The SGD in case of a Provincial Approving Rural area transactions oversees the land survey system and Officer working for the Ministry of works closely with the Association Transportation and Infrastructure. often demand greater of British Columbia Land Surveyors Rural area transactions often understanding of the context to ensure survey methods and demand greater understanding of the in which the land lies. standards are consistently applied. context in which the land lies. For In accordance with application legislation, the SGD also reviews all example, if completing a transaction If the rural property is situated survey plans that define portions of in northeast BC, it may be equally as within a part of the ALR, there Crown land to maintain the quality important to understand the property’s may be a need to satisfy additional and integrity of the provincial survey nearby oil and gas surveys, registered requirements before securing approval fabric and an accurate inventory of and underway, as its location in the for a transaction such as subdividing Crown land parcels. middle of a block. a parcel. You may also have to deal It is also more common to find with a Regional District or a Provincial The LTSA’s land title office staff that research on undersurface mineral Approving Officer to handle rural land examines all surveys of private land rights may be part of the due diligence use applications and taxation. Those to ensure the new survey plans are in process in rural areas. Surveys under entities could require BC Notaries compliance with applicable legislation the Mineral Tenure Act for resource to prepare different information and and consistent with interests in land development activities are commonly follow different business processes, that have previously been registered seen in rural areas, but usually over changing the complexion of completing in the Land Title Office. Crown land and usually outside of a rural area transaction compared to These land title and survey the typical residential or smaller an urban one. practices are supported by myLTSA, commercial development corridors. Certainty of Title the LTSA’s online portal through Practitioners in rural areas may find and a Consistent Experience which customers can access a they deal with more questions on In spite of the regional differences, range of tools to find and order land very large transprovincial statutory land title and survey principles title records, file applications, and rights of way for power, water, or other remain the same. The LTSA’s vision collaborate with other professionals liquid transmission and other large is to provide exceptional service who may be involved in the property encumbrances. Often those facilities and innovative solutions as the transaction. ParcelMap BC is the are no longer visible on the ground— trusted source of land registry and visual representation of over two but the rights still exist. land information services in BC. million titled and Crown land parcels The LTSA’s Surveyor General We deliver secure land titles through in BC. It improves the speed and Division (SGD) is seeing more timely, efficient registration of land efficiency of land-related research, examples of roads, trails, water title interests and survey records planning, and business decisions bodies, and even old railway corridors and enable efficient title, document, by enabling users to view parcels, that were not included in a Crown and plan search services. Certainty understand a given parcel in context grant and where the landowners and security of title and a consistent with adjacent parcels, and access the have long forgotten they exist, if they service experience are core success land title information associated with ever even knew. In those situations, factors for earning our customers’ trust. the parcel.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 31 BC Notaries looking to retrace transactions may result in different— historical land ownership or to and sometimes more complex— research complex property boundary BC Notaries benefit property transactions. It is more issues can access historical land from a consistent service important than ever for BC Notaries records maintained in the LTSA’s experience… to collaborate between one another and vaults using the Scan on Demand with other legal and land professionals service or by working with a Registry to continually hone their practice. Agent located near the appropriate filing services as a practitioner based The LTSA is a trusted resource Land Title Office. in Vancouver. Similarly, if your client whose systems are extended into Records dealing with Crown land in Vancouver is looking to purchase technology innovations such as the surveys and dispositions of Crown land a property in Smithers, all the land myLTSA portal and ParcelMap BC. for the entire province reside in the title information and forms you need Customers are further supported SGD records vault in Victoria. With to complete the transaction can be by a team of customer service the legal description of the property accessed from your office. representatives and examination experts in hand, please visit https://ltsa.ca/ The LTSA also recently established to complete their property transactions. about-ltsa/research-records#how-to- a single work queue to standardize BC Notaries across the province access to determine which service your service experience with land can access the same information option for obtaining a copy of Crown title examinations. Staff is trained in a timely way and benefit from a land survey plans, Crown grants, or to examine all types of land title consistent experience to service their field books will work best for you. applications from every corner of the clients’ diverse property needs. province in a consistent way. Examiners Visit www.ltsa.ca for more Through those systems and service are now better able to work as a team information. s options, BC Notaries benefit from a to collaborate on any exceptional cases. consistent service experience as access Craig Johnston, LL B., is the Director LTSA: A Trusted Resource to land title records and completion of of Land Titles for BC. registrations are no longer constrained While British Columbians can rely on by geography. A BC Notary based certainty of title, the differences in land Mike Thomson, BCLS, is the Surveyor in Smithers has the same access to use, supporting information for titles, General and Boundary Commissioner land title information and search and and the approval processes for property of BC.

Our commitment starts with building a strong relationship

People who know, know BDO.SM Vancouver | Langley | Whistler | Whitehorse | Victoria Suky Cheema, Partner Kristine Simpson, Partner 604-443-4744 604-443-4735 [email protected] [email protected] Assurance | Accounting | Tax | Advisory www.bdo.ca

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 32 TABLE OF CONTENTS

John Rider Andrea Campbell

Title Insurance Safeguards in British Columbia

he purchase of a strata in the policy for that issue. Each title insurance policy The endorsement provides coverage unit in the heart of in the event the insured is prevented Vancouver is very is tailored to address from using the road for access. The T the specific nature of the title insurer also agrees to issue the different from the purchase of property, whether it is same coverage to the next purchaser a country home in Burns Lake. of the property so the insured won’t rural or urban. have an issue when she sells. The same goes for the title Urban Setting insurance policy obtained on closing. the water that concerned her Notary Each title insurance policy is tailored A first-time homebuyer just purchased because the Crown owns the land a strata unit in Victoria. She calls to address the specific nature of the along the shoreline. The Notary orders property, whether it is rural or urban. her BC Notary after closing; the a title insurance policy for the client, strata corporation issued a special It is important to know the differences containing the waterfront endorsement in coverage; it can save you time and assessment for $2000 regarding water providing coverage in the event she is arrears for the whole building and she money. It also can be a solution for forced to remove her boathouse. The issues that would otherwise delay cannot afford the unexpected cost. property’s access is only by private It turns out the strata corporation had closing for months or be too expensive road informally shared by all the to remedy. issued notice of the arrears 2 months neighbours. No easement is registered prior and failed to disclose it on the Rural Setting on title legally allowing access to the Form B certificate. The Notary had A business professional is buying a private road. recommended title insurance to the seasonal property on a lake to get The Notary discusses the issue homebuyer. After submitting a claim, away from the city. The property with the title insurer who is able to the owner is reimbursed the $2000 includes a massive boathouse on include an identified risk endorsement by the title company.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 34 TABLE OF CONTENTS Whether you are buying in the city or the country, Mercedes Wong, CCIM,Mercedes FRI, WongRI Personal Real Estate Corpora- title insurance has the Mercedes Wong Personal Real Estate Corporationtion, CCIM, FRI, RI Senior Commercial Manager President / Commercial Division coverage you need to protect 201-179 Davie Street the biggest investment Vancouver, BC C: 604.808.2571 Canada V6Z 2Y1 of your lives. PICPA, E:Vancouver [email protected] www.mercedeswong.com 201–179 Davie Street C: +1.604.808.2571 Vancouver, BC Canada V6Z 2Y1 O: +1.604.899.2333 Two millennials recently expanded www.mercedeswong.com E: [email protected] their family and are able to buy a detached home in the city. The home is old; based on the lot lines, the roof’s eaves encroach onto a laneway owned by the City of Vancouver. Obtaining permission from the City for this encroachment is expensive and will delay closing. Instead, the Notary calls the title insurer who is able to include the identified risk enforced removal endorsement in their policy. It protects the insureds from loss if they are forced by the City to remove the eaves in the future. Coverage can be offered to the next purchaser, as well, giving the insureds relief that they won’t have to revisit this issue when they sell. Whether you are buying in the city or the country, title insurance has the coverage you need to protect the biggest investment of your lives. Risks like survey issues, unpaid realty or vacancy taxes, fraud and forgery, zoning violations, noncompliance with TheWESA municipal agreements, work orders, changed. unpermitted work, defence costs, and Trevor Todd is an old hat (and trusted transactional errors can be avoided for And it's a expert) at estate litigation who believes a low one-time premium. s sweeping the new law is a game-changer- for The stories in this article are based change. his business and foryour inheritance. on real situations with the intent to provide general information Call Trevor to get a jumpstart on on title insurance. For specific the changes. He knows them inside a lot. details regarding policy coverages, and out. Plus he loves to listen and exceptions, and exclusions, please to talk- contact Chicago Title for copies of the complete title insurance policy. John Rider is Senior Vice President, Retail and Commercial Title Insurance, of Chicago Title Insurance Company Canada. Andrea Campbell is Director Underwriting, Chicago Title Insurance Company Canada.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 35 Lisa Gordon DOING THE DEAL: BC Mortgage Brokers Discuss the Unique Challenges of Funding Urban and Rural Properties

ocation, location, location. While BC mortgage brokers report Jane, her husband, and their four unique challenges that come with horses live on a 400-acre ranch close While it’s been called the doing business in urban and rural to Nukko Lake. Wakelyn has made first rule of real estate, settings, they also say they have many a science of incorporating the rural L things in common. lifestyle into her business. Her ads it’s also a key consideration feature her on a horse with the slogan, Rural View “Let me rein in your mortgage.” in a successful mortgage When Jane Wakelyn gets up in the application. morning, the first thing she hopes is Every morning, she makes the that the Internet is working so she can most of her commute to work by Depending on where a property deal with her email before she begins returning calls from the car. A mortgage is located, a mortgage broker might her 1-hour commute to the office. broker for almost 7 years, Wakelyn is have to do a bit more legwork to build currently a one-woman show working a deal. Usually, that means gathering Wakelyn is a mortgage broker with by appointment only. Dominion Lending Centres Blue Tree requested documentation for lenders “Timing is everything,” she who have grown increasingly cautious Mortgages West in Prince George. With a population of about 75,000, says. “Maximizing time in the car in the wake of a British Columbia real is important and Bluetooth is a gift.” estate boom. the city is known as the province’s “northern capital.” While about three-quarters of In the case of rural properties, her business is done within Prince for example, lenders may require George city limits, the remainder well-water testing, a septic inspection, of her mortgage files are from an independent appraisal, and even many other areas of BC, including pre-approved home insurance. Vancouver Island, the Okanagan, When it comes to city homes, and the northern region. Many are zoning is often a concern, as is rural properties that present a bigger increased competition for the same challenge. properties. “The number one challenge No matter where they work in BC, is mobile homes on large properties,” mortgage brokers are grappling with says Wakelyn. “Location is affordability. In a hot housing market, a challenge; lenders often want escalating prices make it harder for a property to be within 50 kilometres new buyers to qualify for that first of city limits or in a centre with property. a minimum population of 5000 . . . or sometimes even 10,000 or more. Second, recent government Also, if a lender must foreclose on changes to mortgage underwriting a property and it is rural or has procedures—commonly known as livestock of any kind, it is much more Guideline B-20—have introduced difficult to sell or remove the animals.” “stress testing” that makes it even harder for potential buyers to meet Several homes in the area have funding criteria. Jane Wakelyn wood foundations and many properties

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 36 TABLE OF CONTENTS have two homes on the land; both “Nanaimo is growing at a very are situations lenders don’t favour. rapid pace. There is housing being In addition, home insurance is often created but not fast enough. In more expensive for rural properties. addition, the real estate boom of recent years has led to a plethora Often, Wakelyn must approach of brokers, so the competition is stiff.” an alternative lender for more remote properties. “Fifty acres with a Still, Roach says the greatest mobile home, for instance, will pay lesson to learn from a changing market more [interest on a mortgage loan]. is that no two deals are alike and there My other big challenge is about types is always opportunity. of income. Income qualification can “The opportunity here is that be a challenge in a rural environment. brokers have access to more options We have a lot of self-employed people and brokers take more time to plan. and the new stress-test sometimes Caroline Roach We can find out what’s going to make means they can’t qualify for enough it work and what someone needs to to buy a home.” boats, trucks, and trailers—and we have the mentality that it’s better to do to get in the door.” Some people in Prince George buy a house. But that is not as feasible Nontraditional Alternatives work in seasonally oriented businesses anymore due to the new regulations.” Sometimes, mortgage brokers must such as trucking or logging and Of late, Caroline has noticed her look outside traditional lending lenders often need to be informed clients are shocked to find out what channels to fund a deal. that those individuals may show gaps mortgage money they qualify for under in their income during spring and fall the new rules. Families going through shutdowns. Spring break-up is a good separations are particularly vulnerable example, when logging trucks are when the family home is sold and each parked due to road bans that occur partner then has to qualify as a single- when frost heaves up the ground. income applicant. Incomes derived from trucking and logging are quite common, says Wakelyn. “Everything is about Of late, Caroline has noticed documents up front. I would never her clients are shocked to consider approaching any lender find out what mortgage Meini Ickert without documents and the pre- money they qualify for “Consumers who don’t fit the standard approval process that must take place box of perfect credit and an “A” deal prior to submitting to the lender. There under the new rules. are having a harder time fitting in, are often differences between the way so we are seeing a change in the the lender and the client calculate Roach handles all kinds of mix of lenders,” noted Meini Ickert, income so it’s necessary to verify that mortgage transactions, from city condos Vice President of Sales for Mortgage information through documentation.” to land-only deals to rural properties Architects Western Canada. More stringent lending regulations with a mobile home. When it comes to “The new rules have caused have had a strong impact in Prince getting the deal done, she says access a steady and noticeable migration George. While some buyers are having to a variety of lenders is key and proper to the nontraditional alternative trouble qualifying for a mortgage, documentation is critical. and private lenders,” he continued. others seem to be coming up “Many people forget we’re trying “I know from our own company that from Vancouver in search of more to get an approval on the buyer as well the increase in nontraditional lenders affordable living. as the property. Those new mortgage has spiked considerably.” More House for the Money rules created a 20-percent drop in The tighter lending standards buying power. I am slowly starting to Over in Nanaimo, we find a similar create other hurdles for the big-city see a shift in the mindset of first-time story. Broker Caroline Roach, co-owner broker. Property prices and buyer buyers who are now realizing they may of The Mortgage Centre, Fitzwilliam qualification are real challenges, along have to adjust their expectations and Mortgage, says she’s helped several with competition from the banks and buy something smaller.” people relocate from BC’s Lower other brokers. Mainland. “If you can do your job Roach says the new rules have “At last count, in BC there are over here, you can get more house for caused other buyers to wait in the about 3400 mortgage brokers,” says your money,” she says. “Nanaimo has wings to see what happens next. But in Ickert, who has been in the industry always been a single-family residential a city with an overall lack of housing, since 2001. “Of those, I would argue town. We like our campers, quads, it’s getting harder to find a home. that approximately 75 percent find

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 37 a sophisticated investor or a first- time buyer, no one wants to make a mistake. So we offer a mortgage checklist customized to our buyer.” A broker for 21 years, Charach launched her career during a lull in the Vancouver real estate market. Deals were hard to come by, so she learned how to package her mortgage applications well and present her clients in the best light. The difference between a successful broker and those who struggle is getting the tough ones done, she says of the philosophy she shares with her business partner Chana Charach (L) and Dorothy Bried Bried. “It’s about taking the deal turned down by three lenders and themselves in the Greater Metro getting it approved by a fourth. Vancouver/Vancouver Island region.” We stay the course with our buyers. And then there are the “no We figure out how to get there.” subject” deals where buyers have She cited affordability as a major waived their right to make the offer challenge, saying “there are so many conditional upon obtaining financing. good, qualified buyers who are just “That makes it harder to get a an inch away and can’t get there.” mortgage in place and it’s the bane Like Ickert, Charach has noted of all brokers’ existences, when the an active “B” lending network emerging lender makes some changes to the in Vancouver, with mortgage rates conditions and there is little time coming in between 5 and 10 percent. to react.” She says they are designed to be Ickert says BC’s hot real estate bridge loans and are generally taken for market has attracted many new a year in the hopes buyers will qualify mortgage brokers, urban and rural for a better deal in the future. alike. “Beyond the mandatory Besides contending with buyer regulatory training and licensing qualification, urban brokers must also requirements, practical on-the- deal with scalebacks when lenders job training for new brokers varies reduce the maximum amount loaned from brokerage to brokerage, each per each million dollars, competitive of which has its own in-house multiple-offer scenarios, and rezoning programs. The reality is that since issues. implementation of the government- “We’ve done rural mortgages initiated mortgage rule changes, over the years and they have their it has become an increasingly challenges, too,” adds Charach, challenging environment and as such, “such as figuring out where the the focus on training is a top priority.” property lines are and what if the well goes bad? Doing the due Urban Niche diligence on a rural property is more While they agree that competition has extensive in many ways.” increased in today’s mortgage market, Chana Charach and Dorothy Bried of Providing Value Synergy Mortgage in Vancouver say In Kelowna, mortgage broker Loren they haven’t felt the pressure because Hawkins of Dominion Lending Centres they’ve focused on what they do best. Blue Tree Mortgages West is noticing Says Charach, “I definitely believe many of the same market trends. With in niche marketing and focusing in 26 years in the business—he started on a very particular type of buyer. on the retail side at a credit union and What we’ve done is focus on our later migrated to the broker channel, data base and we offer our buyers Hawkins has been in the Okanagan a lot of support. Whether you’re Valley city since 2005.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 38 TABLE OF CONTENTS selective about who they are dealing “As the government has with—3 or 4 years ago, some of those made changes to the deals would get done. Today, no.” mortgage landscape across Like Charach and Bried, Hawkins the country, our partners are works to provide a unique service. “You definitely have to figure out how more selective about who you set yourself apart from the others. they are dealing with— I have a lot of experience on the 3 or 4 years ago, some lender side that I can bring to a deal. Everyone has the same opportunity of those deals would get in the morning to go out and get that done. Today, no.” business; it just comes down to what they want to make of it.”

“Are lenders willing to look Keeping current when it comes at that? If not, we have to rely on to education and lender offerings is local lending partners like credit also critical, no matter where you unions or trust company partners,” call home. Ultimately, says Hawkins, he says. “Alternatively, we have it comes down to the location of Loren Hawkins to go to secondary or “B” lenders; the property itself and then the While 98 percent of his mortgages potentially that means a higher rate borrower(s). “Two brokers might have are urban, that comes with particular and, in some cases, fees for clients the same client with the same house, challenges such as zoning and to get a mortgage.” but if it sits on different dirt, that is mixed-use properties that are harder Hawkins also says lenders want still the big deal.” s to finance. He has also dealt with only so much of the “riskier” business. properties that have buried oil tanks, “As the government has made changes Lisa Gordon is a freelance wells, septics, and private water to the mortgage landscape across writer specializing in association

systems suchScrivener as half page_3_FINAL.pdfa lake-water 1 intake. 2018-02-28 1:07:51 PMthe country, our partners are more communications.

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Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 39 Patricia Thomson

Lake Cowichan: From Village to Town

Pat with Rutt, her niece’s horse

ince my time as a running a Notary practice, I own The beauty of a small town is animals. Living in Lake Cowichan that when you put the word out, BC Notary in Lake has afforded me the opportunity to people show up to help. Keith Cowichan, I have seen it live out my dream of having horses. Nelson, owner of Countrywide Real S I didn’t mean to have five horses, Estate, loaned me his flatbed trailer grow from a village to a town. but the mare I rescued from the and brought over his two very cute Dawson Creek auction 2 years ago grandsons Ryker and Roczen for a It feels like a long way away from was pregnant and I didn’t know that. couple of evenings to help. Keith the fancy downtown Vancouver law and I have worked together for about firms where I used to work, although 25 years. He switched his career they had their charm and character. I rode my horse to the bar from the logging industry to real I miss catching a ride from the firm’s estate back about the time I arrived bicycle courier (Mike Bike) down to and, since it is technically here. He helped a lot with the tie- the local pub for a drink after work an “inn,” I joked with the down of the hay—important when with all my co-­workers, the fancy owners that they had a legal you have 150 bales sitting on the Christmas parties, the noon “makeup back of a vehicle. LOL!!! seminars” for the ladies (so we obligation to provide me would look our best), and meetings with a hitching post and My client and friend Jeannie in the Boardrooms with the lawyers. water—and they did. brought her truck and flatbed Each giant law firm was its own and ferried 116 bales for me; my village. neighbour and client Brad who owns a donkey came with a flatbed behind Lake Cowichan is fairly remote; For the past years, I’ve bought his truck; my son Robert rounded there’s a real sense of community. all my hay from fields owned by my up his teenage friends who were the My clients pick the hay off my Notary clients the Robertsons, from strength of the operation. The parents clothes because, in addition to Mesachie Lake. I need about 1200 bales of hay a year. If l run out, of the teenagers were almost all another client will sell me a top-up. clients of my Notary practice, as well. Last year I got 860 bales from It feels good to support my the fields in Mesachie Lake. Lifting clients’ hay businesses as well and stacking them built up my arm as employ some of their family muscles so much, I won the “Ladies members. I was literally racing out Longest Drive” contest at the Bear to the hay fields between Notary- Mountain Notary Golf Tournament. client appointments, trying to get I was hitting the ball a very long way. it all in as fast as possible before the elk railroaded the bales or This year we fertilized and got before it rained. It did rain on about double the yield—1745 bales. 300 bales on the last day! I just about fell off my chair when I heard the bale count. It’s an The marketing techniques Here I am with Crumpet all-or-nothing deal. in a small town are much different

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 40 TABLE OF CONTENTS I have been a Notary for over 30 years and have used a variety of software solutions for my conveyancing practice. We switched to ProSuite and we have been extremely happy with the product. A great product and a great company to work with! Patricia Wright, Notary Public

House call to my client Mrs. Burnstein SUPPORTING YOUR SUCCESS. than in the city. When I first moved here, I was warned not to go to the local bar because it was a pretty tough place. I’m glad I didn’t listen. I rode my horse to the bar and, since it is technically an “inn,” I joked DOPROCESS.COM with the owners that they had a [email protected] legal obligation to provide me with a hitching post and water—and they did. I bought beer for all the locals. It was the best marketing technique ever for my circumstance. I had a corral built around my office so I could ride to work. I used to love my commute but the old draft horses are too old now to make the journey, although I still trailer them there to mow the lawn occasionally. My new horses are not ready for town yet, but I’m working on it. s Pat Thomson is a BC Notary in Lake Cowichan.

A visit to the A & W for ice cream pucks all around!

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 41 Jackie Sweet

Home SWEET Home Kitimat

y staff and I have a variety of outdoor activities including Kitimat is often affectionately hiking, mountain-biking, dirt-biking, referred to as a bubble. Those who no idea what it’s like snowmobiling, and skiing. have spent the majority of their lives to live anywhere Our counterparts in the cities here often don’t realize how fabulous M don’t understand that there is no our town is. The town has been mostly but in a small town. overnight courier in or out of Kitimat. dependent on the large industrial base since its beginning in the early I grew up in the really small town It usually takes 3 days for anything 1950s and because of that, we have of Burns Lake; Bonnie grew up in to be delivered by mail or courier. an above-average per capita income Terrace, a small city just up the road; and a below-average municipal tax and Judy has lived the majority of her Kitimat is located rate. The current population of Kitimat life here in Kitimat. at the north tip of the is about 8000. Douglas Channel about In 2011, the aluminum 90 kilometres inland. smelter did a rebuild. The project generated many jobs and the population of town increased by We are lucky to have four banks up to 3000 people at the peak of and a credit union; many of the the project. The housing market large centres have TD Canada Bonnie Judy also peaked with the town seeing Trust. We don’t. It’s always a giggle its first bidding war by prospective Kitimat, British Columbia, when the TD asks if we can pick up purchasers. The availability of rental is a unique place. conveyancing proceeds at their nearest accommodation was practically zero. I’m sure you’ve heard the branch or our colleagues ask us to Upon completion of the project, the expression “one-horse town.” We have deposit proceeds to their TD account. town settled back to the normal pace similar sayings. One-road town, for We also have out-of-towners telling us and population and property prices example. Highway 37 south is the only we can pick up an item at Costco or declined in equivalent proportion. way in and out of Kitimat, unless you Best Buy. To get to those stores means have a boat and a lot of time. Kitimat a flight to the Lower Mainland or a There are currently two strong is located at the north tip of the long drive to Prince George. We may LNG projects on the go: Kitimat LNG, Douglas Channel about 90 kilometres not have all the so-called amenities driven by Chevron, and LNG Canada, inland. The channel provides fishing, of a city but we have so much led by Royal Dutch Shell. The town sight-seeing, hot springs, whale more in the casual, relaxed, natural is anticipating the announcement watching, and a sheltered deep-water surroundings of our home. of a final investment decision. As anticipation grows, the real estate port for ships bringing supplies to We are also a three-light town market has increased in price and Kitimat and taking products to the rest and boy, do we complain when we competitiveness. There is a limited of the world from Kitimat. have to stop at a red one. Our daily supply of houses on the market and We refer to ourselves as being commute to work is less than 5 minutes prices are increasing. There seem to in the middle of nowhere. To the in a car and if we choose to walk be offers on a property before the west and east of town are mountains to work, it may take 15 minutes. “For Sale” sign is planted on the lawn. including Mount Elizabeth, Claque Walking is a way of life here . . . there Mountain, Robinson Ridge, and are many more kilometres of sidewalks We have historically been a small many other mountains that provide in Kitimat than roads. community where everyone knows

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 42 TABLE OF CONTENTS With my friend Laura Taylor Bonnie, Jackie, and Shelley fishing Our family when young at our SFU Graduation on Douglas Channel everybody. It’s hard for the locals Many of my clients refer to my to see strange faces, an increase in office as the only show in town. We are traffic, the higher-than-normal rental the only Notary office in Kitimat. There prices, and waiting in longer line-ups is no law firm at this time. That keeps at the grocery store or Tim Hortons. us busy and also makes it difficult for We look forward to the positive me to have my signature notarized. announcement of the final LNG Working in a small community has investment decision with eagerness its benefits—knowing the people we and trepidation. serve is great! Most client meetings It will be great to have more turn into a catch-up session. “How is local jobs, an economic boost to the your grandmother?” “What are your Our kids grown up community and businesses here. Along kids up to these days?” “Can you ever with our granddaughter with the good comes the unpleasant. remember the weather being so hot smelter. Our youngest Michaela is The large workforce required to realize and dry?” There is a special personal mom to our granddaughter Kylie who the LNG project will bring in many element with each meeting. was also born here and will mostly workers from outside of Kitimat. Extra likely be raised here. Michaela works people do put a strain on the local as a ship’s agent; she greets the resources such as medical practices, Working in a small vessels that come to port to deliver hospital resources, and affordable community has its benefits— industrial supplies and take finished rental accommodations for locals. knowing the people we industrial products to the Pacific Rim. I came to Kitimat in 1995 and serve is great! The people here are also worked for one of the industrial multitalented. Many work at the companies. In 2007, I was given the smelter, the municipality, or other opportunity to further my education by I find going to the city a strange businesses and have small side taking a Bachelor’s degree in General experience. People seem to have their businesses like tree-removal, Studies through distance education. guard up and don’t talk to strangers excavating, dog-grooming, and I finished my degree in 2010, then or even say “Hi” when passing on the construction services. There are thought about what I wanted to do street. Small-town life in Kitimat offers many small businesses in town that with it. My mother-in-law had thought a special intimacy and a close-knit all support each other. I volunteer on about becoming a BC Notary. Our community where everyone seems to the Board of the Kitimat Chamber town had been without a Notary for belong and a helping hand is always of Commerce where all the Directors about a decade. I researched and it available. I often have people say “Hi” run businesses. The Chamber offers seemed like a good fit. I applied and in the grocery store, on the sidewalk, support and cares for the best poof—8 years have now passed. and at the baseball field, and hear, interests of the membership. Working in a small town has a “Oh, quick question for you…” or “We I have always lived in small towns; special uniqueness to it. We are pretty really have to come see you about…” I know everyone on my street and we laid back and relaxed. We usually know Kitimat was a great place to raise all look out for each other. My heart the clients who come through the door; my children. Shawn and I have 3 is in the small community. I love the we are on a first-name basis with all children all born and raised in Kitimat. closeness of the people, the ability the bank employees, the insurance Our oldest daughter Kenna has gone to walk at night without fear, and the agents, REALTORS®, and other off to university in Prince George, “neighbourhood watch” feel of our businesses with whom we interact working toward a Bachelor’s degree town! s daily. Many of them are friends we see in Biology. Our son Brandon works outside of work. alongside his dad at the aluminum Jackie Sweet is a BC Notary in Kitimat.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 43 John Tracy

Do You Need Title Insurance for a Strata?

or city dwellers, even Alteration without Permission For instance, if there is no spare parking space to provide, with rising prices a strata Insured owners purchase a strata property that has the balcony these issues may end up in Court. may be a more affordable closed-in as part of the interior With the coverage of the strata/condo F living space. After closing, the strata endorsement, title insurance would option than a house. Board discovers the alteration to the cover the costs. It’s prudent to make sure you are common property was done without Title insurance is important for covered from risks that can arise both its approval; the strata requires the strata properties because it covers during and after one of your largest new owners to remove the enclosure. the following. In this case, title insurance would pay purchases in life. • Tax and Utility Arrears the costs of removing the enclosure There’s a common misconception and remediating the balcony area back If you are forced to pay the we often hear about: If survey to its original state as required by the outstanding taxes and utilities coverage isn’t an issue (such as in strata corporation. of the previous owners the purchase of a condominium/strata This coverage is especially relevant property), title insurance isn’t of much in Vancouver because it protects value. While title insurance does There’s a common new owners against the Empty include survey coverage, it isn’t the misconception we often Homes Tax only reason—and may not even be the best reason—to get it. hear about: If survey • Fraud Title Insurance in Action coverage isn’t an issue If someone impersonates you to get a mortgage on your property In one claim, 4 days after closing on (such as in the purchase or sell your house without your their strata property, a young couple of a condominium/strata knowledge receive a notice from the strata property), title insurance Board, informing them about a special • Work Orders assessment of over $30,000 that they isn’t of much value. If there were unknown outstanding now owe. The assessment was not work orders before the date of the mentioned in their Form B and Form F Whose Parking Spot is it Anyway? policy certificates. Having spent most of their A couple buys a strata property; the With title insurance for a home savings on the strata, they are in a fix. Form B certificate indicates their or strata, you are protected from Because the strata Board knew about parking spot is #37. They happily move the above risks and more. s the upcoming assessment and failed in. When they go to park their car for to disclose it, their claim is paid by This is for general information only. the first time, someone else is in their title insurance, saving them from an Property type needs to be specified spot. It turns out there was a mistake expense they can’t afford. to receive strata endorsements. on the Form B certificate. Because the For specific coverage, please refer There are also other instances strata corporation is generally bound to your title insurance policy. where title insurance can save new by the Form B, they must resolve this owners from unexpected expenses issue. In certain cases, that is not John Tracy has been legal counsel and stress. always done easily. at FCT for 13 years.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 44 TABLE OF CONTENTS Gabrielle Loren

Small Town vs. Big City: Familiarity vs. Anonymity?

am from a big BC city. that questions are asked while you give good service and provide value for are watching your kid’s soccer game fees charged but many times, getting My first employee Candace or when you run into a client at the clients is more difficult. grew up in the small town grocery store. That is great when A disadvantage of a big-city I relationship-building but not so good business is the cost of operations. of Lillooet. when you have only time and expertise It is more difficult to find staff who live to sell! Can you invoice for that off- We came from families and work in the same community, the the-cuff advice? where running your cost of rent for premises is higher, and own business was the Being the only service provider in you may have commuting costs such norm but had to face that town can also provide for a robust as parking. different challenges, business because you hold a monopoly. Networking is an important aspect given the size of our That doesn’t mean you can overcharge of a big-city business but a caution Candace communities. or underservice clients but it does here is to weigh your networking time provide a steady client base. As the Nancke Doing business versus business obtained. Many times town grows, more service providers will in a small town has both positive I see businessowners spending hours come, so stay on your toes! and cautionary issues. “Privacy is networking, yet the business obtained the biggest issue,” says Candace. is minimal. Strategic networking works “Having coffee with a client in a coffee best with emphasis on the niche area shop brings privacy concerns; your That is great when of business you are targeting, while waitress knows you, anyone can listen relationship-building but not ensuring you don’t miss opportunities in on your conversation, and the fact so good when you have only that may lead to other niche clients. that you are having a meeting can time and expertise to sell! Operating your business in a large be a topic of conversation. Privacy town can be very rewarding but the concerns are multiplied as everyone Can you invoice for way you grow, manage, and operate knows everyone and places to meet that off-the-cuff advice? your business will ultimately determine are limited.” your success. Having your neighbour, who Operating your business in a is also your accountant, know all Some clients may turn to providers small town has its own rewards but your private financial affairs is also outside of town, especially since limitations must be strategically concerning to many people. If your technology allows for a remote work managed. business and finances are all doing environment. Technology also allows well, that may not be an issue but if you to work remotely. Being at the My choice? Start, build, and you are dealing with hard times, having summer cottage instead of your desk sell your business in a big city, then your neighbour/accountant watching in town is a great way to achieve a live/ retire to the small town! Best of both every step you take can be very work balance. worlds! s disconcerting. When operating a business Gabrielle Loren, CPA, CGA, On the other hand, it never fails in a big city, a lot of the business practises in North Vancouver when doing business in a small town principles remain the same. You must and New Westminster, BC

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 45 Kim Guthrie

Kim Guthrie: Notary in Central BC

Caribou Photo Credit: Jackie Benton ife is peaceful in Central Drawing from my prior experience Some of the challenges I face in customer service and business British Columbia. in my practice involve being management, I sought a more multifaceted and independent I have been practising L the only legal representative approach to servicing the public as a Notary Public in Mackenzie in Mackenzie. in my work. Mackenzie is a small for 15 years come October 2018. town, a tight-knit community of approximately 3500 people where I feel I have been able to participate in and foster a strong support network of colleagues and clients. This proximity affords me the luxury of knowing the majority of my clients on a first-name basis; the close interaction between clients and colleagues in real estate and banking creates an atmosphere of sincere trust and security. That is all supported and further tied together by my love for volunteering in the community, primarily with the Rotary Club of Mackenzie. Some of the challenges I face in my practice involve being the only legal representative in Mackenzie. Fortunately, that has led to my Notary practice being consistently vibrant and busy; it has afforded me the ability to refer people to other professionals

Photo Credit: Jackie Benton outside of Mackenzie to help facilitate Morfee Lake in fall legal transactions and address other

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 46 TABLE OF CONTENTS issues clients may have. It also helps One of the unique things about I recommend that all newcomers me network more efficiently and to be Mackenzie is that it is truly off the take advantage of the lakes, more versatile overall. beaten path—30 kilometres from a mountains, and backroads available Mackenzie in the past few years junction with Highway 39. That makes to the adventurous. Life is peaceful has been sparked and galvanized by it a somewhat isolated but extremely in Central British Columbia. s an upsurge in industry, particularly safe community. in the mining and forest sectors. Mackenzie is a place that Kim Guthrie is a BC Notary A significant downturn in 2008 encourages recreation and the outdoors. practising in Mackenzie. provided many challenges for my business. I am proud to say we kept going through the entire downturn through resilience. The strong support network and attitude of the local population were instrumental in the rejuvenation of the community and to my commitment to continue running my practice through that difficult period. I truly love working in Mackenzie; the balance between population and commerce allows me to be accommodating, cordial, and efficient with my clients. We have a diverse population; I meet people from many different backgrounds who regularly inform and challenge me to hone my approach to problem-solving and client communication. View from Powder King Mountain Resort

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Kingsley Chow, Senior Vice President FCIP 604-443-3565 | [email protected]

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 47 Jeff Tisdale I Can Breathe in a Small Town …

n the early 1980s, singer John Mellencamp restaurants)—through Skype, Google Docs, and so on— and to do so from home. penned his thoughts in a song about what Sure, big cities have more choices for eating, shopping, he thought were the differences between and mass transit, but the small town makes up for it with I a fresh local vibe, the personalization of a small business, city and country life and ultimately what his and the occasional car pool with a neighbour or friend. preference would be. Technology is great, but geography is still geography. To fly There were not any verses on affordability nor was out of YVR, you still need to get to YVR. There are regional Airbnb part of the chorus—how times have changed. airports like those in Abbotsford, Kelowna, and Prince George, In the nearly 40 years since Small Town first hit the but most direct connections and international departures are radio waves, the ability for the typical person to choose out of YVR, so there’s a point for the big city. Maybe. between small-town and big-city living is less of an option. In today’s age of 24/7 connectivity, that “hindrance” For simplicity, consider the following charts comparing of geography could lend itself to enable you (the driver) median housing values as well as a modest homeownership to take a break from emails, texting, tweets, Facebook, cost comparison. and Instagram updates. Imagine just listening to the radio Median House Price Survey (July/August 2018) or even silence. Perhaps life in the country is not so bad. For my situation, I have the best of both worlds. Region Detached Townhouse Condo The Landcor office is in the heart of New Westminster and Greater Vancouver $1,561,000 $846,000 $695,000 benefits from proximity to transit. I am a frequent user Fraser Valley $1,008,700 $548,000 $443,200 of SkyTrain throughout the Metro Vancouver region. The Chilliwack and District $635,000 $460,000 $265,000 City of New Westminster continues to grow and evolve and is slowly (and methodically) taking on more of a big-city Source: CREA persona that is inevitable, albeit thoughtfully planned. Simple House + Car-Transportation Cost Comparison I live in Chilliwack and have done so most of my life. For me and my family, it’s a great community to get out and Region 75% Monthly Extra Total Purchase Payment2 Transportation Monthly enjoy the outdoors, whether on a bike path, hiking/running Price1 Costs3 Cost4 trail, casting a fishing line and, of course, making a pit stop to pick up some fresh corn. All are never too far away. Gr. Vancouver $1,170,750 $5,845 – $5,845 I tend to side with John Mellencamp’s opinion of small Fraser Valley $476,250 $2,375 $1,000 $3,375 towns and to borrow a few lines from his song. A more in-depth study was published by Metro Vancouver ‘Housing & Transportation Cost Burden Study (2015)5 Got nothing against a big town But my bed is in a small town On a more positive note, the majority of the way Oh, and that’s good enough for me! s we go to work has changed considerably. Technology continues to create opportunities to work productively away Jeff Tisdale is Chief Executive Officer of Landcor Data from the traditional office (hello local coffee shops and Corporation.

1 Focus on Detached Property Median Price with 25% down payment 4 ONLY considering mortgage payment and added vehicle costs; Property Taxes, etc., not considered 2 Purchase price, 25-year amortization, 3.5% interest rate 5 www.metrovancouver.org/services/regional-planning/ 3 Assumption based on requirement for additional vehicle with added costs PlanningPublications/HousingAndTransportCostBurdenReport2015.pdf such as loan $400; Gas $300; Insurance $180; Maintenance $120

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 48 TABLE OF CONTENTS BC NOTARIES Jacqui Mendes

BC Notaries Fall Conference 2018

he Fall Conference Cruise John Mayr illustrated how to keep corporate actually started on land and personal data safe on Friday, September 7, in a session on Privacy T & Security. In the with a luncheon at the afternoon the focus was Pan Pacific Hotel Vancouver Tammy Morin Jessie Linda John Mayr on Title Insurance with Nakashima Vaid Manning presenters Brett Horton for members, sponsors, and Amanda Magee from Stewart Title. and colleagues. Los Angeles. Over 130 BC Notaries, guests, and sponsors embarked on the The Society of Notaries Public of BC journey to California, including Society held its 91st Annual General Meeting President Rhoda Witherly and Board in the afternoon, members Tammy Morin Nakashima, chaired by President Jessie Vaid, and Linda Manning. Rhoda Witherly, At the opening reception on with Registered Saturday evening, delegates had Brett Amanda Parliamentarian John much fun competing for costume Horton Magee Noonan. Society prizes on the theme “Adventures Thanks also to these members from all over At Sea.” The range of attire was representatives who the province were able to participate in fabulous, featuring mermaids, attended the session: electronic voting. The dinner for former pirates, and many sea creatures Lori Sartor from First Society Presidents and Directors was including a crab, shark, squid, a Canadian Title (FCT) held Friday evening to celebrate the particularly inspiring jellyfish, and and John Rider from years of dedicated service by the many an angler fish. Thanks to all the Chicago Title. Ron Usher Lori Sartor volunteer members of The Society delegates who put such time into and Delta Notary and Board. creating their costumes! BC Notaries Association The BC Notaries The hatches were President Daniel Boisvert Association was formally battened down on rounded off the day with launched by Association Sunday for continuing a presentation on the President Daniel education sessions current Practice Advisory Boisvert and CEO Jacqui throughout the day. Line (PAL) issues and John Rider Mendes. Membership Tiah Nanaimo Notary advice. applications were Workman Tiah Workman and Sunday evening opened to its three classes of Society General Counsel featured our membership: Practicing Notaries, Ron Usher started us off amazing keynote Retired Notaries, and Students. with an in-depth look at speaker Colin Angus, Saturday afternoon was all the Do’s and Don’ts of adventurer, aboard for the Fall Conference with Personal Planning and filmmaker, and Conference Photos: www.wildmanphotography.com delegates setting sail on the Golden Executorship. Society bestselling author Princess, voyaging from Vancouver to Ron Usher Executive Director Colin Angus who enthralled the

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 49 It was a memorable voyage with BC Notaries and their families.

audience with his travels around the world to complete the first human- powered circumnavigation of the Earth. Colin shared his strategies for achieving the seemingly impossible, increasing efficiency, maintaining motivation, and risk management. Colin continued the story of his journeys the following day, narrating his experience of navigating the full length of the Amazon and the ongoing development of a sail and solar-powered boat that can operate autonomously to collect research data. Colin was very much part of the conference cruise and attended the costume reception in head-to-toe full pirate rig! It was a memorable voyage with BC Notaries and their families. Thanks again to the conference sponsors who helped make it possible. s

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 50 TABLE OF CONTENTS Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 51 George E.H. Cadman, Q.C.* 604 647 4123 | [email protected]

With over 30 years’ experience, George makes the complex simple to resolve your real estate or corporate disputes.

*Member of the Notaries Public Board of Examiners

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The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 52 TABLE OF CONTENTS We understand the risks you face. That’s why our annual E&O Extra® policy coverage is now included to protect you on every transaction you title insure with us.*

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Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 53 PROFILE OF A BC NOTARY

Marnie Premont

Showcasing the Winners of the Prestigious Dr. Bernard W. Hoeter Award Year 2010: BC Notary Marnie Premont Small-Town Values and Family

grew up on Sproat Lake just As an Associate Advisor, I worked After having my daughter Blake very closely with accountants, estate in 2005, I wanted a job that allowed outside of Port Alberni. planners, and lawyers to help clients me a little more flexibility. BC Notaries determine and manage their financial Dorothy Clarkstone and the late Joanne It was a pretty ideal childhood I and estate planning needs. A primary Asher had well established practices with summers spent waterskiing and focus was to coordinate and clarify in Port Alberni and were very well winters snowskiing on Mt. Arrowsmith communication among all parties; respected in the community. The idea and Mt. Washington. Both parents are I learned to appreciate and respect of being my own boss and managing from the Alberni Valley and most of my people’s diverse needs. my own hours was very appealing. extended family still resides there. The oldest of three kids, I was As one of the first graduates As one of the first graduates of the extremely social yet strived to do well Master of Arts in Applied Legal Studies in school and sports. I spent years of the Master of Arts (MA ALS) program at SFU, I felt competing competitively in both in Applied Legal Studies privileged to be breaking new ground. gymnastics and softball. It was a grueling process, but I felt (MA ALS) program at SFU, supported by The Society, the incredible Mom was definitely the ringmaster I felt privileged to be teachers, and my classmates. I made of the household, but my dad’s quiet great friends during the program. presence guided me through school breaking new ground. We worked on assignments together, and into my career. He started in the mailroom at McMillan Bloedel’s Port Alberni plant after high school and never stopped pursuing advancement, quickly earning his CMA designation. Dad concluded his career as the Manager of the same Pulp and Paper Plant, retiring at age 55. After high school I left Port Alberni to earn a Commerce degree at the University of Victoria. The mandatory co-op component helped me acquire a starting position at Merrill Lynch and from there I accumulated over a decade of progressive finance experience. I began my professional career as a Registered Representative in the investment industry, eventually earning This photo was taken in 2010. a Certified Investment Manager Seated, from left: Marnie Premont, Dr. Hoeter, Society President Susan Davis designation and becoming licensed Standing: Laurie Salvador, Society Secretary/Executive Director Wayne Braid, to sell life insurance. Erika Riedel, David Leggett, Val Wilson

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 54 TABLE OF CONTENTS BC Notaries Speak Your Language BC Notaries around the province offer many noncontentious legal services (see page 12) in an impressive variety of languages.

With Blake at Sproat Lake ENGLISH My partner in crime and fellow 2010 MA ALS graduate Shawna Farmer (L) AFRIKAANS I was very surprised ARABIC crammed for exams as a group, and lifted each other up when one of us was to be awarded the 2010 BULGARIAN running out of steam. Bernard W. Hoeter Award… CANTONESE I was very surprised to be awarded CROATION the 2010 Bernard W. Hoeter Award face when I have successfully DUTCH at our graduation luncheon. Our class answered all of his or her questions, FARSI was filled with exceptional students, handled every detail, and ultimately FILIPINO alleviated stress and confusion. many of whom I had leaned on FLEMISH extensively during the course. I feel For the past 8 years, I have been FOOKIEN honoured to have been invited to the heavily involved in the Parent Advisory home of Dr. Hoeter and his lovely Council (PAC) of my daughter’s FRENCH long-time partner Erika Riedel for a elementary school. That involved GERMAN celebratory lunch. They were wonderful fundraising, school safety, the hot- GUJARATI hosts and I will always remember lunch program, charitable campaigns, HINDI Dr. Hoeter’s wisdom, wit, and charm. being a classroom liaison, and so on. I thoroughly enjoyed having a presence ITALIAN An independent practitioner in JAPANESE North Vancouver, I have a wide circle at the school, networking with other of local peers I can call when faced parents, and working with the school KOREAN with something new. I am extremely administration. MALAYSIAN grateful for my association with Notary In my spare time, I like to work- MANDARIN Dianna-Lynn Lund. She took me under out with friends. We mix it up with PERSIAN her wing from the start. Her team is skiing, biking, hiking, boxing, and POLISH an invaluable resource and they have weight-training. I’ve also recently tried PORTUGUESE all become like family to me. my hand at kite-surfing, an amazing sport with a fantastic community but, PUNJABI It never feels like the members like golf, you need to devote serious ROMANIAN of our Sea-to-Sky Notary Chapter are hours to master the craft. in direct competition; we support each RUSSIAN other when needed and never hesitate My parents still live on Sproat SERBIAN to refer business to one another. Lake and my daughter and I spend SHANGHAIESE I feel confident that North and West a great deal of time there in the SPANISH Vancouver are very well served by our summer, soaking up the sun. assembly of Notary professionals. Only now do I see the real value in SWAHILI coming from such a small town and SWATOW I have a balanced business . . . being surrounded by family. half is estate planning and half is SWISS property conveyancing. I am proud to Blake has just started high SWISS GERMAN say most of my business comes from school and although I have more and TAGALOG repeat customers or referrals from past more time to focus on my business TAIWANESE clients, banking representatives, local (my PAC days are officially over), TAMIL ® I still enjoy being her mom more REALTORS , or fellow Notaries. TAOSHAN than anything else and hope the next I take a great deal of pride in 5 years go by slowly. s TELEGU doing a comprehensive job to ensure URDU my clients are completely satisfied. Marnie Premont is a BC Notary I strive to see the relief in someone’s in North Vancouver. VIETNAMESE

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 55 Vancouver Non-Chapter Annual Notary BBQ at the home of George Tanco (in black and white print shirt) www.wildmanphotography.com Directors of The Society of Notaries Public of BC with John Mayr and Jacqui Mendes Seated: Dan Boisvert, Linda Manning, Society Executive Director John Mayr, Society President Rhoda Witherly, Susan Tong, Tammy Morin Nakashima, BC Notaries Association CEO Jacqui Mendes Standing: Hassan El Masri, Linda Caisley, Filip de Sagher, Chris Dupuis, First Vice President Jessie Vaid, Second Vice President David Watts, Kate Manvell, Marco Castro, Bill Anderson Pat Wright Missing: Patricia Wright

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 56 TABLE OF CONTENTS Penticton Notary Christine Duncan (L) enjoyed mentoring BC Notary student Steve and Sabrina Madsen Leslie Madore this fall. married on September 9, 2018

Two 25-Year Club members not shown in spring 2018 issue: Pinky Wong and Patricia Fedewich, Wedding guests Carmen Langstaff, Patricia Wright, Wayne Braid, with President Rhoda Witherly. Sabrina with The Scrivener, Lisa Stevenson, and Vienna Kappell The Ride to Conquer Cancer—Why Do We Ride? e rode our bicycles and Dixon Mitchell. You made our And now we start training Ride possible. You were the reason a little over 200 for 2019! we helped the BC Cancer Foundation kilometres in wet, raise a total of $10.6 million. W Our Team BC Notaries raised just And now we start training for 2019! cold conditions. over $30,000 this year. It would not We would like BC Notaries and friends It was hard—but nowhere near have happened without the tireless and family of BC Notaries to join our what people living with cancer go efforts of cancer survivors, their families 2019 team. Please write for more through on a daily basis. and friends, and our supporters. information. [email protected] We will dry up, warm up, and Here’s a huge high-5 and a hug See you on the road . . . move on but for some, that is not (a big old BC Notaries hug!) to our and thank you! s a simple option. Donors and Sponsors Stewart Title Akash Sablok Photo Credit: Nanaimo Notary Tiah Workman Nanaimo Credit: NotaryPhoto Tiah

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 57 Building Better Communities, Patricia $50,344,272* One Grant at a Time Wright Tammy The Board of Governors of The Notary Morin Foundation of BC is comprised of Nakashima • 8 members of the Board of Directors of The Society of Notaries Public of BC; • 1 representative from the Attorney General’s Office in Victoria*; 40 MILLION Lorne Mann • 2 Directors-at-Large, appointed by the Attorney General**; and • the Executive Officer. John The members from The Society are elected Eastwood by the Directors of The Society from among 30 MILLION their ranks, for a 3-year period. Filip The Foundation Governors de Sagher Tammy Morin Nakashima, Chair Patricia Wright John Eastwood Lorne Mann 24 MILLION David Watts * Lisa Nakamura Rhoda Witherly Filip de Sagher David Akash Sablok ** Deborah Nelson Watts ** Jas Rehal 18 MILLION G. W. Wayne Braid, Executive *Lisa Officer of The Notary Nakamura Foundation, is responsible for the administration of the office and 12 MILLION staff and the diverse investment funds of The Foundation. Rhoda Wayne Braid The Board of Governors meets Witherly quarterly to consider applications 6 MILLION for funding from various organizations and to set **Deborah Nelson policy, review The Foundation’s financial status, and provide direction for the administration of The Foundation. The Governors of The Foundation have the responsibility of guiding The Foundation in its mandate to disperse the funds generated Akash Sablok by interest on BC Notaries’ Trust Accounts. **Jas Rehal

The Notary Foundation funds are used for the following purposes. 1. Legal education Funds earned to date from 2. Legal research BC Notaries’ Trust Accounts. 3. Legal aid 4. Education and Continuing Education for BC Notaries and *Total revenue applicants who have enrolled to become BC Notaries to August 31, 2018, 5. Establishment, operation, and maintainance of law libraries in BC since inception 6. Contributions to the Special Fund established under the Notaries Act of BC

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 58 TABLE OF CONTENTS Michelle Dobbs

Building Better Communities, One Grant at a Time

Women’s Wrap-Around Family Law Clinic

n fall 2017, the North are especially difficult for women, With financial assistance from given their primary caregiving status The Notary Foundation, we were Shore Women’s Centre and lower income potential overall. able to seek a law student from was privileged to receive Additional challenges are present Pro Bono Students Canada to assist I for immigrant women, women us with our work. We could provide funding from The Notary experiencing relationship violence, more detailed program in-takes and Foundation of BC to pursue women with disabilities and mental ensure our program participants health concerns, women struggling received personalized support to the development of a with substance addiction, and prepare them for their appointments Women’s Wrap-Around women living in other marginalized with a lawyer. The in-takes included circumstances. legal assessment and support, legal Family Law Clinic. information and referrals, emotional support and peer counselling, and Since 1999, our organization With financial assistance practical and financial information has been offering monthly family law and support. appointments provided pro bono by very from The Notary Foundation, dedicated volunteer women lawyers. we were able to seek a In recognition that some The program was initiated to support law student from Pro Bono participants seeking support through women facing relationship breakdown Students Canada to assist us separation were not yet ready to and separation from an intimate partner schedule a one-on-one appointment when finances and other social barriers with our work. with a lawyer in our program or were prevented them from being able to hire looking for more comprehensive advice their own lawyer. The goal of our project was to regarding separation, we then hosted Through many years of hosting expand and increase the capacity a half-day separation workshop with this program, we came to understand of our organization’s Family Law a tripartite panel of a family lawyer, a what was needed was comprehensive, Clinic to provide a holistic “wrap- holistic financial advisor, and a clinical counsellor. With a group of over 20 sustained, accessible, personalized, around” service addressing women’s participants, the workshop addressed and diversified support offered intersecting legal and nonlegal needs common questions of women in the in a safe, understanding, and primarily relating to the ending of a midst of separation, as well as some nonjudgmental setting. spousal, common law, or intimate very specific concerns. The depth of support was partner relationship. We hoped to particularly necessary due to the better support women to understand, Appreciation for the knowledge complex ongoing nature of many address, and cope with the and confidence gained through the family law cases; the high degree complexities of their family law matters workshop was palpable. As one of emotion and stress related to by providing comprehensive, efficient, participant shared, “It gave me the relationship breakdown, parenting, diverse, and personalized legal courage to go and file for a protection and re-building of families and information, education, and advice order and to request life insurance on individual lives; and the considerable as well as practical and emotional my ex.” Another benefit of the group financial costs involved. Those factors assistance. experience for the participants was

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 59 Every day, women accessing THE MiX our Centre are making Valerie Le Blanc difficult decisions about whether to stay or leave their difficult, and sometimes abusive, intimate-partner relationships.

knowing they were not alone in their experiences and that community resources were out there. INCLUSIVE INVESTING As follow-up to the workshop, The Foundation grant further Respecting the Rights assisted us to access additional funding to launch a more in-depth of Vulnerable Investors 8-week separation-support group where participants benefitted from presentations; the value of shared through Supported Decision-Making understandings and support was highlighted. One woman said, Introduction “Hearing other women’s stories Some individuals, however, made me feel less alone and is unded by the Law are particularly vulnerable giving me help to stay strong with Foundation of Ontario my decisions. There are more to losing the right to make resources out there than I knew.” FAccess to Justice Fund, the their own decisions… Every day, women accessing our Canadian Centre for Elder Law making challenges, and supporters Centre are making difficult decisions (CCEL) continues its work on about whether to stay or leave their incorporate supported decision-making difficult, and sometimes abusive, a project that focuses on how into the investment decision-making process, while guarding against undue intimate-partner relationships. vulnerable investors1 are using They often feel daunted by a family influence and financial abuse? law system that can be confusing, supported decision-making Rationale for the Project impersonal, and costly. in their lives. At law all adults are presumed to be With our developing Women’s These investors include capable of making decisions that affect Wrap-Around Family Law Clinic, adults with a range of cognitive their legal and financial affairs, as we hope to provide a supportive impairments arising from a variety of well as decisions about personal and space where they can receive circumstances, including adults with health care matters. The right to make relevant legal information and advice intellectual disabilities and people our own decisions is a fundamental in concert with the emotional, living with dementia. The project will entitlement in a free and democratic financial, and practical supports that focus on how to facilitate supported society. Some individuals, however, reflect the realities of their lives and decision-making during the investment are particularly vulnerable to losing the will make a substantive difference process to maximize an investor’s right to make their own decisions, due in outcome for themselves and access to investment options while either to genuine cognitive challenges their children. We thank The Notary minimizing the loss of autonomy and or (sometimes discriminatory) Foundation of BC for giving us the unnecessary intervention through assumptions about their capacity to opportunity to further assist and Court-ordered guardianship. make investment decisions. empower women in our community If a person is incapable of making in this way. s The key research question is how can Canadian investment advisors, investment decisions and decisions Michelle Dodds is Executive Director adults with cognitive and decision- must be made, a formal supported of the North Shore Women’s decision-making relationship may be Centre and chairs the North Shore 1 Vulnerable/Vulnerable Investor: An investor may be vulnerable for a number of reasons. Committee to End Violence Against For purposes of this project, references to vulnerable/vulnerable investor refer to adults who have Women in Relationships. a supporter assisting them to make investment decisions.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 60 TABLE OF CONTENTS put into place by written agreement in practice. One might expect that Who will Benefit from this Project (known as a Representation Agreement there will be many similarities to a This project will support IIMs, in BC) or an informal supported supported decision-making approach. adults with cognitive or decision- decision-making relationship may As with all Canadians, the making challenges, and their emerge between an adult investor and investment needs of vulnerable supporters to better understand the one or more of his or her supporters. investors range from the most scope and potential of supported For an investment industry conservative to the more complex. decision-making in an investment member2 (IIM), taking instructions At one end of the continuum, investors context. The project will explore from a substitute decision-maker helps may require only one or more GICs the experiences of BC and Ontario an IIM ensure that he or she meets and/or may wish to invest in a secure and be supported by a volunteer professional responsibilities when money market fund. Their goals are interdisciplinary advisory committee giving advice and taking instructions. simple—maximize their return without representing adults with diminished The duties and powers of the attorney exposing them to financial risk. capacity, supporters to supported or guardian are generally clear to the Younger populations may also own decision-making relationships, the IIM. In contrast, supported decision- a RDSP and will need to invest the investment industry, and relevant making relationships are not as familiar funds held in the RDSP. regulators. to most IIMs. If guardianship is At the other end of the continuum, required by an IIM before instructions The project will engage and investors with larger and more will be accepted, the adult may focus particularly on vulnerable sophisticated investment portfolios experience an unnecessary loss of investors living with intellectual may suffer an accident that causes decision-making autonomy. or developmental disabilities, a brain injury and affects the investor’s Alzheimer’s disease, or other forms Many adults with cognitive decision-making capabilities or of dementia. The work of the project, challenges function well in community, they may begin to experience early however, will be relevant broadly to sometimes with the assistance symptoms of dementia. Victims of adults with diminished capacity— of supported decision-making. brain injuries may also receive large such as survivors of traumatic Those supported decision-making settlements. brain injuries and people living with relationships can be adequate to Some of these investors may some forms of mental illness—who support investor activities. Currently, be able to instruct an investment are interested in using supported lack of knowledge in the investment industry member with the support decision-making for investment sector and uncertainty about the legal of a supported decision-maker; some decisions. relationships involved pose a roadblock may not have adequate capacity to A key aspect of this project’s to enhanced use of supported participate in the process or may lack decision-making. work is consulting with experts family or friends to support them with and the community, both in British As a result of recent statutory decision-making. The crucial issue is Columbia and Ontario. The project reform in BC, substitute decision- to ensure that IIMs are not creating a research will include interviews with makers, such as attorneys appointed roadblock to decision-making autonomy key informants and stakeholders in an enduring (or continuing) due to a lack of understanding of, or who have practice expertise in the Power of Attorney and guardians (or comfort with, supported decision- investment and legal sectors. We committee) appointed by the Court, making relationships. will also be interviewing individuals have a statutory duty, to the extent As the demand for supported with lived experiences and their reasonable, to foster the independence decision-making is increasing and supporters. of the adult and encourage the more jurisdictions are considering adult’s involvement in any decision- implementing supported decision- The CCEL project will culminate 3 making that affects the adult. making legislation, there is a in a report that describes the law Efforts are underway in BC to enhance significant need for further research in BC and Ontario, summarizes understanding of what this duty means to understand the nature of the legal consultation findings, presents relationship between an adult and a research summarizing practices 2 Investment Industry Member (IIM) is a supporter and to clarify the role of the from around the world, and general term used for the purpose of this identifies ideas for how investment project to refer to investment professionals IIM vis-à-vis the adult client generally. professionals and individuals with in Canada who provide investment advice The nature of “supporter” to Canadians who wish to participate in lived experiences can enhance the investment. activities, ranging from the appointments and the legal use of supported decision-making purchase of a Guaranteed Investment relationships they create raise a in their investment conversations. Certificate (GIC) to mutual funds, bonds, number of legal and practical issues We expect to publish the report stocks, and other securities instruments. for the adults seeking to make in fall 2019. s 3 Patients Property Act, RSBC 1996, c 349 investment decisions, their supporters, s 18(2); Power of Attorney Act, RSBC and the IIMs who must comply with Valerie Le Blanc is a Staff Lawyer 1996, c370 s 19(3). their professional obligations. with the CCEL and the Project Manager.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 61 Susan Smith

WorkPeace: Prepare in Advance to Finish Well

©iStockphoto.com/Pattanaphong Khuankaew

t the end of 6. Before concluding, spend time The best way to be sure with the parties, writing down the a successful workplace all parties finish well intended agreement including mediation, is to ensure a clear and concrete examples of how the A chosen option or outcome will the parties are happy, concrete understanding work and how the parties involved smiling, and feeling a great of the agreed solutions… will be impacted. The more examples, the better. sense of relief. 1. At the outset, be sure all parties 7. Arrange a follow-up with the So much has been resolved. agree on a clear statement of participants to ensure the Some parties are even saying they’re the problem(s) to be resolved; agreement is working; that should looking forward to having coffee allow enough time to hear all the happen within a few days or together again! scenarios or problems of concern, a week of the intervention to avoid something being missed. And then something happens. Remember, resolving a workplace Days or weeks later, one of the parties 2. Be clear about what the parties conflict is influenced by the corporate informs his or her supervisor that there’s want to accomplish; identify the culture or flavour of the workplace a problem again. “I thought we had this common objectives of the parties environment. Workplace conflicts are resolved, but it’s happening again.” in simple language. unique because they usually blend 3. Be sure to brainstorm options personal and corporate concerns and It seems the parties’ recollections without conditions or qualifiers interests. There’s a lot of room for of the mediation are different and without judgment (dissent or misunderstanding. and some of the parties are now criticism), initially. challenging the items—often details— The best way to be sure all 4. Spend time reviewing each option agreed at the mediation. That is a parties finish well is to ensure a in detail and encourage the parties disappointing turn of events; parties’ clear and concrete understanding to imagine how each option would emotions run high at the thought of of the agreed solutions, along with play out in the workplace. In a being bound by an agreement they a timely and meaningful follow-up respectful manner, flush out all don’t like. by the person who has facilitated the advantages and disadvantages the mediation. s The trick for the mediator who has of each option. helped resolve a conflict is to prevent 5. Connect each option to the Susan Smith is a lawyer and mediator that scenario from happening after the parties’ common objectives. who practises workplace mediation and intervention. Here are a few pointers To be useful later, an option must dispute resolution throughout southern you can use. support a common objective. British Columbia.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 62 TABLE OF CONTENTS BUSINESS TO BUSINESS

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For more information, please contact The Society of Notaries Public of BC 1-800-663-0343 or visit our website, www.notaries.bc.ca. BC NOTARIES ARE RESPECTED IN THEIR COMMUNITIES.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 63 Trevor Todd

Duties and Liabilities of Executors/Trustees credit: Matthew Chen Matthew credit: Photo

INTRODUCTION DUTIES OF A PERSONAL It is very important that REPRESENTATIVE t is extremely important that the prospective personal An executor/trustee derives his the testator’s choice of his representative be made or her title from the Will of the or her executor be given aware of the onerous duties deceased while, on the other hand, I the administrator of a deceased’s serious consideration. associated with acting estate derives his or her power by in such capacity. appointment from the Court. Whether The attending BC Notary or an executor/trustee or an administrator, solicitor must remember that most 1. Will the executor be willing to act? each is referred to as the personal clients have very little understanding representative of the deceased. of the tasks that a personal 2. Is the executor sufficiently representative must perform and the sophisticated to carry out the job? A personal representative has a duty to act solely and exclusively for responsibilities that must be assumed. 3. Is the executor trustworthy? The appointment of the wrong person the benefit of the beneficiaries of the can be a costly and emotionally 4. Is the executor young or healthy estate. That duty is construed strictly draining experience for all concerned. enough to carry out the job? and forbids a personal representative 5. Will the executor be biased? from making a profit that is not Accordingly, it is important that authorized or occupying a position the Will’s draftsperson investigate 6. Will the executor be able to work where the personal representative’s the desired appointment and provide well with the beneficiaries? self-interest would conflict with the prudent legal advice as to who should 7. Does the executor have the time duty to the beneficiaries. be chosen to be the executor and to do the job? The Courts of Equity have required trustee. Very often that choice cannot personal representatives to ensure that properly be made until the attending 8. Can the executor afford each beneficiary receives exactly what BC Notary or solicitor first enquires to do the job? he or she is entitled to receive under as to the nature of the testator’s 9. Is there any conflict or potential the Will or as an intestate heir of the assets and the intentions to be conflict of interest? estate. The personal representative carried out in the Will. 10. Should there be more than must maintain an “even hand” when It is very important that the one executor? dealing with all beneficiaries. prospective personal representative 11. What is the distance between Where there is no Will, section 130 be made aware of the onerous the residences of the testator of the Wills, Estates and Succession duties associated with acting in and the executor? Act (“WESA”) sets priorities for persons such capacity. An executor who applying for grants of administration. does not wish to act, or who has The nature of the testator’s It is prudent to have each person not intermeddled in the estate, can affairs must be thoroughly examined entitled to an interest in the estate and renounce the appointment. to determine the type of active business interests, assets in foreign each person with an equal or prior right Prior to naming his or her jurisdictions, loans or gifts to to apply for administration to provide executor, the testator should consider beneficiaries, and the complexity of written consent to the application, many questions. The following are the various personal property and to eliminate the risk of competing some of those questions. investments that may be in the estate. applications and minimize the risk

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 64 TABLE OF CONTENTS of the Court requiring the administrator Other assets that may require to provide a bond or other security. Prior to the introduction insurance coverage must also be In exercising all of his or her of WESA on March 31, 2014, checked. powers, whether discretionary it was far easier for the Financial institutions and or administrative, the personal government agencies must be representative has a duty to maintain personal representative notified of the death. Mail must the standard of care of a reasonably to search for and locate the be re-directed and the bills, prudent businessperson managing last Will of the deceased. including mortgages, must be someone else’s property. Generally paid. Rents must be either speaking, the personal representative collected or paid and businesses cannot delegate his or her duties. The personal representative’s general must be managed for the interim In recent years, however, the duties include the following. until distribution of the estate or until the sale of the business. Courts have permitted delegation of 1. To Dispose of the Deceased’s Body administrative duties that a reasonable A personal representative must It is the executor, not the testator’s and prudent businessperson would enquire as to whether he or she spouse or family, who has the delegate in the management of his or has sufficient legal authority to right to determine the place and her own business affairs. That would carry on the business and must manner of the burial or interment. include the use of brokers, real estate also be cognizant of the potential Section 5 of the Cremation, agents, accountants, BC Notaries, for personal liability for carrying Interment and Funeral Services lawyers, appraisers, and so forth. on the business. Act sets out the hierarchy of Prior to the introduction of WESA persons who are entitled to control Property that does not pass to the on March 31, 2014, it was far easier for the disposition of remains. personal representative includes the personal representative to search for property held in joint tenancy and locate the last Will of the deceased. At the top of the list is the with a right of survivorship, personal representative named Under WESA, however, there is now property that will pass to a named in the Will of the deceased. beneficiary such as in a pension a large range of documents and types The right of the executor takes of information that may be relevant plan or RRSP, and property held priority over the right of a spouse by the deceased as trustee. to what is a testamentary instrument, or other close relatives. If the as the Will itself is not necessarily a person who has the right to control 3. To Make an Inventory of the single instrument. For example, recent disposition is unavailable or Deceased’s Assets and Ascertain Court cases have held that the Will may unwilling, the right passes to the Their Value consist of a Will and codicils, a Will with next person of the priority list. documents incorporated by reference, After the executor has taken or several documents that when read Proper funeral expenses incurred charge of the assets of the estate together comprise one Will. are payable out of the estate. and has made a full inventory Generally, the person who and valuation of the assets, Other documents might be held instructs the funeral director the personal representative to be testamentary instruments will be personally liable to pay should then arrange to have an pursuant to section 58 of WESA, all expenses incurred, but is application made to the Court for so the estate lawyer must advise the entitled to indemnity as a first the issue of a grant of probate. prospective personal representative to priority against the estate for the bring in, for the lawyer’s consideration, In the case where the deceased reasonable expenses of a suitable any and all documents that appear to dies intestate or without a funeral. There are some cases express a testamentary intention. named beneficiary, a delay is where the executor has been often experienced in finding Section 58 of WESA also denied reimbursement of the full some appropriate person to step states that data recorded or stored funeral costs, where the costs forward and apply for a grant of electronically may be a Will or a have been found to be excessive administration. The Rules of Court revocation, alteration or revival of under the circumstances. assume that in practice, in the a Will, or a stated testamentary absence of special circumstances, intention. That means searches of 2. To Search for and Take Possession the Court will usually give priority to the deceased’s electronic records or Control of the Deceased’s appointing, as administrator of the must be made in case there is a Assets estate, the person or persons with document that might be determined The personal representative must the greatest interest in the estate. to be such a record. Even suicide take steps to search for any cash, notes have been held to be valid Wills, jewellery, valuables, and the like, In practice, consents will be while various diary extracts have also and arrange for their safekeeping. required from any person entitled been considered by the Court to be Any personal property must be to share in the estate who has a testamentary in nature. locked up and properly insured. greater or equal right to apply.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 65 Thus, if two or more persons are 7. To Ensure Investments 11. To Keep Accounts equally entitled to apply, they Are Authorized One of the most important duties must either apply jointly, consent There is a duty to examine of the personal representative to the appointment of one of the assets and investments is to keep records and to be them, or have the appointment of the estate and, in general, prepared to account to creditors confirmed by the Court. There to convert in a reasonable and and to persons who have a is no limitation on the number timely manner, the assets that beneficial interest in the estate. of administrators who may be do not qualify as authorized The personal representative must appointed. investments for the estate. The give to anyone to whom he or she 4. To Advertise for Creditors executor must be concerned with owes a duty such information as assets that may waste, e.g., an that person reasonably requires. Before any debts of the estate are unheated greenhouse, or that are paid, the executor or administrator The type and amount of too speculative (penny stocks) or should see to the publication information varies, but the reversionary assets. of the proper advertisement for duty to account is owed to creditors and other claims against beneficiaries, unpaid legatees, the estate. Experience indicates The personal representative unpaid creditors, others who may that common sense should prevail have an interest in the deceased’s in deciding whether or not to is responsible for paying, assets, and others provided for advertise for creditors. from the estate funds, by statute, such as the Public In the case of a little old lady all estate debts and Guardian and Trustee and the Canada Revenue Agency. with simple assets and a history expenses, including funeral, of paying her bills on time, it may legal, and testamentary 12. To Investigate, Continue, not be necessary to publish such or Bring and Maintain Court an advertisement. If, however, expenses and probate fees. Actions on Behalf of the Estate the personal representative is to protect himself or herself from A personal representative of a liability, serious consideration 8. To File Income Tax Returns deceased claimant may continue, should be given to the placement The personal representative must or bring and maintain, an action of such an advertisement; complete and file an income for a loss or damage to the person provincial legislation states the tax return for the deceased for or property of the deceased in personal representative shall not the year of death and any prior the same manner and with the be personally liable to estate years for which no return was same rights and remedies as creditors where notice has been filed. Prior-year returns should the deceased, except for certain properly given and the assets be reviewed as they may assist actions such as libel and slander, of the estate have already been in identifying assets of the pain and suffering, and loss of distributed. deceased. expectancy of earnings. 5. To Give Notice It may be necessary to file an The personal representative estate return for the period should remain neutral in Notice of an application for between the deceased’s death any litigation concerning the an estate grant of probate or and the wind-up of the estate distribution of estate assets, such administration must be given and also to obtain a clearance as a Wills Variation action under to the persons specified in the certificate from the Canada section 60 of WESA, and should Rules of Court. These persons Revenue Agency. assist the parties in determining include named beneficiaries, the net amount of the estate that potential beneficiaries such as 9. To Pay Debts might be available for distribution. possible common law spouses, The personal representative is and persons who would inherit responsible for paying, from the A personal representative, on an intestacy. estate funds, all estate debts and however, cannot maintain or defend an action where he or she 6. To Make Inquiries expenses, including funeral, legal, and testamentary expenses and and the estate are on opposite Enquiries must be made probate fees. sides. If that situation arises, to ascertain any possible the personal representative must entitlements, such as Canada 10. To Collect Debts Owing resign. An exception is that Pension Plan benefits and to the Deceased section 151 of WESA now allows insurance on the deceased’s life, The personal representative a beneficiary to seek leave of and any beneficiary designations must claim all debts due to the the Court to prosecute an action on assets such as life insurance, deceased and generally collect without the need to replace the RRSPs, and RRIFs. all the assets. personal representative first.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 66 TABLE OF CONTENTS 13. To Distribute the Assets can result in personal liability The trustee, not the beneficiaries, in Accordance with the Will for the personal representative. bears the onus of establishing that or the Laws of Intestacy The personal representative is the management and disbursement of funds is consistent with the In Ketcham v. Walton, 2012 BCSC strongly encouraged to use the terms of the trust. 175 at paragraph 10, the Court expertise of a tax accountant stated that the basic principle of to determine capital gains and 3. Using Trust Assets an executor’s duty to specified losses for income tax purposes, for Personal Gain potential beneficiaries of the Will to calculate foreign taxes, and It is a basic principle of trust law is neutrality. The Court quoted to determine what property tax, that a trustee is not entitled to Quirico v. Pepper Estate (1999) if any, is payable. This list is not use the trust property for his or 22 BCTC 82 BCSC, as follows. exhaustive. her own personal benefit. If the The primary duty of an Valuations may often be difficult trustee cannot account for or executor is to preserve the and complex and again the explain disbursements or expenses assets of the estate, pay personal representative should charged against a trust, he or she the debts and distribute the use a professional appraiser, is personally liable to the trust balance to the beneficiaries company valuator, accountant, or for those disbursements and entitled under the will or in other expert for determining such expenses. accordance with any other valuations. A trustee who improperly enjoys order made under the Wills the benefit of trust assets Variation Act. An executor without authority and allows should not pick sides between A personal representative nonbeneficiaries, such as the the beneficiaries and use may be personally liable for trustee’s family, to also benefit is estate funds to finance the debts of the deceased liable to the trust for the amounts litigation on their behalf of the value of the benefits under the Wills Variation Act. to the extent of assets received (Langston v. Landen It is a matter of indifference coming into the hands of the 2008 ONCA 321). to the executor as to how the personal representative. estate should be divided. He 4. Improper Delegation or she need only comply with to Third Parties and Improper the terms of the will or any 2. Failure To Keep Accounts Charging of Fees variation of it made by a court. A trustee has an obligation to There is authority for the POTENTIAL LIABILITIES OF THE keep proper accounts, including proposition that the fees paid PERSONAL REPRESENTATIVE a complete record of his or her by a trustee in respect of the activities, and to be in a position Some matters or actions for which preparation of accounts must be at all times to prove he or she borne by the trustee and deducted a personal representative may incur administered the trust prudently liability are as follows. from the amount of compensation and honestly. The Trustee must payable (Eisenstat Estate v. O’Hara 1. Debts and Liabilities have the accounts ready to give (1995) OJ 548). A personal representative may full information whenever required There is also authority for be personally liable for the debts (Sandford v. Porter (1889) OJ the proposition that where a of the deceased to the extent No.43, 16 OAR 565 (CA)). trustee delegates the care and of assets coming into the hands A trustee who fails to retain management of a trust to a of the personal representative. receipts supporting substantial professional, the professional fees It is therefore extremely important cash withdrawals or expenses incurred by the trust are to be that the debts are properly listed charged against an estate has not deducted from the compensation and valued in the inventory of adequately carried out his or her paid to the trustee (Holt Estate assets and liabilities. duties and may be held personally (1994) 2ETR (2d) 163). Particular care must be given liable for the unsubstantiated not to distribute the assets withdrawals. 5. Reckless and Unreasonable to beneficiaries until either a If a trustee has mixed his or her Behaviour clearance certificate has been own funds with the funds being An executor/trustee may be issued by the Canada Revenue held for another, all the property personally liable for costs for Agency or more than sufficient must be taken to be the other’s reckless and unreasonable assets have been held back from property until the trustee is able behaviour that amounts to any interim distribution so that to prove what part of it is his or reprehensible conduct for the the taxes can be paid. Failure to her own (Norman Estate (1951) OJ opposing plaintiff’s action, for no pay federal and provincial taxes 501 CA). other reason than to frustrate the

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 67 plaintiff’s claim (Craven v. Osdacz may be payable by an estate if he 2017 ONSC 4396). From the or she distributes the assets before writer’s experience, this typically obtaining a clearance certificate arises between/among competing from the Canada Revenue Agency siblings. to confirm that all taxes, interest, and penalties have been assessed 6. Losses Due to Actions or Inactions and paid. Accordingly, it is crucial If an estate suffers any losses as for the personal representative to a result of executor/trustee actions LLP MACKENZIE FUJISAWA LLP obtain tax advice from a properly or inactions, such as failure to qualified accountant and, if an BARRISTERS & SOLICITORS rent real property, the executor is interim distribution is to be made obliged to repay the estate for such to the beneficiaries, to withhold losses with interest (Re Sangha, substantial funds to ensure that 2018 BCSC 54). An executor/ sufficient funds will be available Proud to be serving trustee may be personally liable for to pay the taxes. interest loss to the estate for failing The Society, BC Notaries, to invest estate assets (Re Proniuk, and Their Clients with 1984 CarswellAlta 285). A personal representative 7. Conflicts of Interest should always retain The duty of an executor/trustee an estate lawyer and • Motor vehicle accident to avoid conflicts of interest is accountant for the purpose addressed in Moffat v. Wetstein of handling the rigours claims; (1996) 29 O.R. (3d) 371 at page 390, as follows. of carrying out the duties Subsumed in the fiduciary’s imposed…and avoiding the • Real estate litigation; duties of good faith and loyalty serious liabilities that can is the duty to avoid a conflict be personally imposed on of interest. The fiduciary must not only avoid direct conflict him or her for improperly • Probate of estates; of interest, but also must carrying out those duties avoid the appearance of a potential or possible conflict. CONCLUSION • Estate litigation; The fiduciary is barred from dividing loyalties between The duties and liabilities of a personal competing interests, including representative set out in this article self-interest. are not exhaustive. They do, however, • Contract disputes. give some indication of the number 8. Improper Investments of factors to be considered, not only Executors/trustees are only in deciding whether a person should authorized to make investments be appointed to act as personal of estate assets as provided for representative or, alternatively, whether under the Trustee Act and must a person should agree to act as the not invest any estate assets in personal representative, given the speculative or risky types of somewhat onerous tasks and potential investments. They must undertake liabilities that can be involved. their responsibilities with the A personal representative should ordinary care and prudence of a always retain an estate lawyer and reasonable investor (Stranger v. accountant for the purpose of handling QUANG T. BRIAN C. Royal Trust Co. (1947) 1WWR the rigours of carrying out the duties DUONG POSTON 538) and may be found personally imposed by the office of personal liable for losses incurred by the representative and avoiding the serious estate for improper investments. 1600 – 1095 West Pender Street liabilities that can be personally imposed on him or her for improperly Vancouver, BC V6E 2M6 9. Failure to Pay Income Taxes carrying out those duties. s Phone: (604) 689-3281 Under the Income Tax Act, a Fax: (604) 685-6494 personal representative will be Trevor Todd restricts his practice www.macfuj.com personally liable for any unpaid to estate litigation. He has practised law taxes, interest, and penalties that in Vancouver for 44 years.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 68 TABLE OF CONTENTS Richard Rogers

Strata Property Disputes and Claims

he Civil Resolution When they start an application, The CRT is a continuous- users will now have the option of Tribunal (CRT) has already improvement organization… creating a user name and password made it easier for people so they can log out and return T to complete it at a later time. throughout British Columbia to upload their evidence directly to their CRT dispute and complete and That user name and password can also to access an affordable and submit online arguments to support be used to access the online portal and track the status of their dispute. layperson-friendly dispute- their case. The tribunal is also taking steps resolution process for strata That will be simpler and faster than the current approach that to make it much easier and faster property disputes and small requires that the parties send their to request a default decision (where a respondent is served but does not claims of $5000 or less. evidence and written arguments to the CRT by email. file a response). The current process requires the applicant to complete As mentioned in the summer a fairly complicated form. It often 2018 edition of The Scrivener, in takes multiple communications April 2019 access to the CRT will be The most significant between the CRT and the applicant expanded to include parties in certain improvement will enhance to collect all the necessary motor vehicle accident claims. the existing secure, online information. In anticipation of the higher portal that the parties can volumes associated with accident When the new feature is claims, the CRT is implementing a already use to check the implemented, applicants will complete number of technology enhancements status of their dispute, an easy-to-understand online request for default. The system will pre-insert over the next few months. They view their claims, receive will make participation in the CRT most of the key information. The online dispute-resolution process easier and messages from the CRT, request application will also guide the allow the CRT to resolve the disputes and negotiate directly applicant on what evidence to provide to support the request. more quickly. with the other party. The most significant improvement In 2019, the CRT will add other online tools that will make it easier will enhance the existing secure online The CRT is a continuous- portal that the parties can already use to submit commonly requested orders, improvement organization and, after including substitutional service and to check the status of their dispute, more than 2 years, it was time to view their claims, receive messages cancellation of a default decision. refresh the online application for dispute There also will be changes that from the CRT, and negotiate directly resolution. The redesigned application with the other party. enhance system-reporting capabilities will be available within the next few that will support the transparency In the next few weeks, the CRT months and will be more intuitive of CRT operations. s will implement new portal features to to use. It fixes areas in the existing make the hearing (Tribunal Decision application that people have reported Richard Rogers is the Executive Director Process) easier. Parties will be able are confusing and difficult to complete. and Registrar of the CRT.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 69 Ron Hyde

The Burrard Inlet Floating Post Office

aptain J. Douglas Stalker 1933 when the MV Scenic became the T.P.O. and continued as the came to British Columbia only floating post office in Canada in 1904 due to ill health. until October 3, 1970, when it was C discontinued. He remained and became a timber cruiser, surveyor, and Stamp collectors from time keeper during around the world wrote the construction of The Wigwam Inn on Indian Arm the CNR. In 1910, he to Captain Stalker to and Col. W. G. Swan stamp their envelopes Captain Stalker was the owner and Captain Stalker became partners in the with the Burrard Inlet the skipper and became Postmaster passenger ship Mina W for Canada’s only floating post office, carrying men and supplies up to the stamp so they could add Burrard Inlet Post Office, until 1971 railway camps along the Fraser River. the floating post office on the steamer Scenic and maintained the regular mail and passenger service Burrard Inlet Postal Service, cancellation to their to the various isolated communities in established in 1852, delivered the collection. the north arm of Burrard Inlet. Stamp mail by ship. The service, called collectors from around the world Colonial Post Office No. 28, with wrote to Captain Stalker to stamp Burrard Inlet as its official address, In 1920, for $16,000 Stalker their envelopes with the Burrard Inlet operated until 1871. It was moved purchased the Harbour Shipping Co. stamp so they could add the floating to Hastings Mill on June 1, 1872, started in 1913 to service the north post office cancellation to their with the name officially changed to arm of Burrard Inlet. He renamed the collection. Hastings on March 1, 1897. operation The Harbour Navigation Co. Ltd. and, during the next 30 years, In 1924, Captain Stalker built the Burrard Inlet and Indian Arm operated a fleet that included vessels Harbour Princess, one of the first ships had mail delivered by The Burrard Scenic, Fort Langley, New Delta, on the coast powered by full diesel Inlet Steam Ferry and Towing Co. Lo’olbee, Hollyburn, Lady Rose, and engines. In addition to running the under contract from 1865. The Harbour Princess. company was sold and became The New Brighton Ferry Company that continued to deliver mail until December 31, 1907. The first travelling post office on the steamship SS Belcarra was established January 1, 1908, servicing Indian Arm and upper Burrard Inlet. Harbour Navigation Ltd.’s MV Lo’olbee operated as the T.P.O, from 1920 to

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 70 TABLE OF CONTENTS Harbour Navigation Vessel SS Scenic­—Indian Arm, circa 1939. City of Vancouver Archives (CVA Bo P182)

The Burrard Post Office had to work SOURCES Years ago the volume of mail through the north winds whistling www.belcarra.ca/reports/Indian_Arm_ was extremely heavy almost down the inlet, dusty weather, and Floating_Post_Office.pdf rough water but somehow the ship’s Vancouver Province, Arthur Mayse, every day. bow cut through the worst of it. “Floating Post Office Keeps Coves in Years ago the volume of mail was floating P.O. and excursion services to Touch With City,” January 30, 1940, extremely heavy almost every day. the Indian Arm area, Stalker operated page 14. When the Wigwam Inn was operating, the Wigwam Inn Resort at the head Vancouver Province, Norman Hacking, the Lake Buntzen power plant was of the Inlet, the lovely picnic area at “Indian Arm’s Floating Post Office,” being constructed and Granite Falls Belcarra Park, and the Gore Avenue March 11, 1955. was a very popular tourist destination; Wharf Co. Ltd. granite was being processed for the Vancouver Sun, Marian Bruce, Wigwam Inn was a popular place construction industry. In addition, “Water-Borne Mail Route Ends 62-Year to visit in the 1940s and 1950s, via a the post office kept the communities Service,” October 31, 1970. ship that cruised the waters up Indian of North Woodlands, South Belcarra Barnacle, John McKay, Arm to the Inn on Friday and Saturday Woodlands, Iron Bay, Coombes, “A Short History of Postal Service to nights where dances were held with Cove Cliff, Twin Island, Orlohma Belcarra, Burrard Inlet, and Indian food and drink. The ships always got Beach, Coldwell Beach, Sunshine, Arm,” Vol. 1, No. 5, April 1980. you back to Vancouver to the wharf and Cosy Cove in contact with where you caught the bus to go home. family and friends throughout British All Nations Stamp and Coin, s Columbia and the world. Vancouver, BC In earlier days, the T.P.O. operated 3 days a week in winter and every day As roads were built, the postal Ron Hyde is a historical writer in summer when Captain Anderson volume continually decreased over with the BC Historical Federation. took the mail to Burrard Inlet. There 3 years; the Captain reminisced, wasn’t a mail day in the quarter “I used to sell $5 or $10 worth of On October 31, 1970, the last century prior to its closure in 1970 stamps on just about every trip but when Scenic or one of her sister haven’t sold a stamp for 3 weeks.” postal run was made and ships on the mail run failed to get On October 31, 1970, the last postal Canada’s only floating post through with the papers, letters, and run was made and Canada’s only office was closed. parcels for those living on the Inlet. floating post office was closed.s

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 71 Brenda Southam

REIBC Announcements and Events

EIBC held its Annual General Meeting That same day, REIBC recognized its members from the previous 25, 30, 35, 40, on June 14, 2018 in Vancouver. 45, 50, and 55 years. Ian Macnaughton received his 55 year award! The Board elected R Congratulations, Ian. for 2018–2019 has two new members: Umesh Chand, Vaughn Palmer hosted the event, with Fraser Valley District from Ian a lively discussion regarding the provincial BC Assessment, and Macnaughton government and what he foresees—or does Doug Page, Vancouver Island not foresee—for the future. District, Government of BC, Umesh Chand Doug Page The following Monday, REIBC held its 25th annual golf Office of Construction & tournament and it was a huge success. Although the exact Housing Branch. figure has not yet been determined, we know we will have a nice donation for our recipient Make-A-Wish Foundation of BC & Yukon to grant wishes to children.

Daniel John Susan Keith Troy Antoniali MacLean Abromaitis

REIBC Board of 2018–2019 President Daniel John Vancouver District President-Elect Susan Antoniali North Fraser District Secretary-Treasurer Keith MacLean Vancouver District Past President Troy Abromaitis Vancouver District Judi Whyte, RI, presented the Governor Umesh Chand Fraser Valley District annual George Whyte Award to Ashley Cooper. Governor Valeria Lifanova Vancouver District Governor Sean McGinnis Kootenay District FORMER GEORGE WHYTE AWARD RECIPIENTS Governor Cindy Nesselbeck Vancouver Island 2017 Todd Mikl 2008 Tim Callaghan, RI District 2016 Wayne Braid, RI 2007 Steve Mullock, RI Governor Clayton Olson Vancouver District 2015 Nathan Worbets, RI 2006 Cal Ross, RI Governor Doug Page Vancouver Island 2014 Judi Whyte, RI 2005 Betsy MacDonald, RI District 2013 David Podmore, RI 2004 Charlotte Ciok, RI Governor Geoff Radtke Northwest Prince 2012 Scott Ullrich, RI 2003 Daniel Stewart, RI Rupert/Cariboo 2011 James Harrison 2002 Lorne James, RI District 2010 Dan Jones, RI 2001 Roger Cheng, RI 2009 Randy Brown

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 72 TABLE OF CONTENTS Kayla Kneisel Do Process: How the Most Popular Conveyancing Program in BC was Built

hen Do Process of ways. They invest continually in So how did ProSuite improved functionality and help new first acquired the go from a niche BC Notary and lawyer graduates get ProSuite™ program started with free transactions for W Notary program to a their first year. They also support in 2013, BC Notaries were key tool in BC Notary the education program through The using it to complete 90,000 real and real estate law offices? Society of Notaries Public of BC with trainers and an award for the top estate transactions annually. achiever on the conveyancing exam. Today, that number has swelled 1. Enhanced the Product Experience to 150,000; the program is used Do Process invested heavily in by BC Notaries and lawyers in our innovative new features, improved province to ensure accuracy, speed, stability, and updated hundreds of and value for their clients who trust lender forms, document templates, them with one of the largest purchases and mortgage products. of their lives across the province. 2. Expanded Services and Added Tiffany Postler Jennifer Whiting So how did ProSuite go from a Team Members Account Customer niche Notary program to a key tool in Manager Success Manager Staff dedicated to supporting BC Notary and real estate law offices? the BC market grew from 3 to Although the ProSuite software 20. Customer service hours was originally developed through were extended, support teams the focus of Wayne Braid and the expanded, and an online Help BC Notary Society, Do Process put Centre was added to provide significant time and investment into supp o r t 24 / 7. building it out into a program that can 3. Introduced New Training and Karen Rhoades Fran Brooks help all legal professionals work on Account Customer behalf of the people of BC. ProSuite Support Manager Success Manager helps legal professionals manage and Customer Success Managers, close real estate transactions with all former legal professionals, You’ll often find the local improved efficiency and accuracy, provided new complimentary Do Process team at industry events taking manual data entry out of the training services, all customized and conferences. If you happen equation. to suit customer needs. to spot them, take a moment to introduce yourself! Tiffany Postler, Do Process started with the same 4. Launched Integrated Solutions Jennifer Whiting, Karen Rhoades, foundational principles that drive Partnerships with market-leading and Fran Brooks are all former its whole business . . . consulting service-providers, government legal professionals with a combined with customers and responding to entities, and other stakeholders experience of more than 50 years; their needs and requests. Through created additional efficiencies that helps them understand the customer-experience surveys, face-to- for ProSuite users. challenges legal offices face and to face meetings, and customer advisory provide exceptional customer service. panels, Do Process identified four Do Process continues to key areas that mattered most and set demonstrate the commitment to Kayla Kneisel is the Marketing about improving them. the local BC community in a variety Specialist for Do Process.

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 73 Kara-Leigh Bloch

SENIORS SERVICES SOCIETY OF BC “The Little Agency that Could . . . ”

he work of what has Our mission may not have changed of age. Many are well into their 70s much over the years, but the scope and 80s, often homeless for the first become Seniors Services of the work we do at Seniors Services time. Society of BC began in the Society has grown considerably. T Seniors make up a large portion 1970s in New Westminster. of the hidden homeless population. Our mission may not Agencies across the province are The mandates of the two agencies have changed much over noticing a dramatic increase in the that amalgamated to form Seniors number of seniors who are coming Services Society (Seniors Housing the years, but the scope to them in housing crisis, living Information Program Society and the of the work we do at Seniors in their cars, tents, couch-surfing, Western Society for Seniors Citizens or street homeless. Services) hold true today. Seniors Services Society has grown Services Society provides local and considerably. Rapidly rising rental rates, the provincial programs and services to availability of rental housing at less support vulnerable older adults to live than 1 percent, and an increasing The need has grown. The as independently as possible. cost of living make it very hard to find baby boom generation has greyed. a place to live. Many agencies do not Today, Seniors Services Society Over 25 percent of the population have the resources or tools to handle of BC has 12 staff members and over of BC is now over 60 years of age. the specific needs of the growing 100 volunteers focusing on ensuring The new wave of those over 60 will numbers of seniors in crisis. Seniors seniors have the tools they need to need more health services, more Services Society is the only agency in live safe and healthy lives in homes age-appropriate housing, and often BC that works exclusively with seniors that are affordable and appropriate navigation tools to connect to the in housing crisis and receives calls and for their needs. services they need. Unfortunately, referrals from across the province. Locally in New Westminster pensions have not kept up to the Last year, Seniors Services for those who wish to live cost of living in BC and many seniors assisted 6000 seniors over the phone independently, the Society operates are having difficulty paying the bills and in person and over 24,000 a wide range of services such as and covering basic necessities. browsed the Seniors Services website Meals on Wheels, Better at Home Approximately 70,000 seniors are for housing navigation and support. programs (housekeeping, shopping, living below the poverty line in BC— friendly phone calls, and medical the highest rate across Canada. The majority of Seniors Services transportation), and social outings. Homelessness or the risk of housing programs are currently Across Metro Vancouver, they offer homelessness has become the biggest available only in Metro Vancouver. one-on-one outreach, counselling, issue facing low-income seniors. Over To meet the growing need and fill and navigation for seniors in housing 23 percent of those who are homeless the void for seniors who need help distress. in Metro Vancouver are over 60 years with their housing situation across

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 74 TABLE OF CONTENTS the province, Seniors Services is now Homeless Outreach Workers as embarking on a project to expand their they navigate the behaviours of proven regional housing programs. seniors living with mental health Who Will See SHINE BC (Seniors Housing challenges and addictions while Your Ad Information & Navigation Ease) is they are finding housing. built on almost 40 years of developing The missing piece for homeless or in The Scrivener? programs and navigation tools that at-risk seniors has often been financial BC Notaries work. Current Seniors Services housing instability that can or will put their services include the following. housing at risk. To that end, Seniors Lawyers Services Society of BC has launched • Seniors Housing Navigator Land Surveyors of BC the Seniors Support Bank that can (individualized information offer short-term loans to those in Real Estate Professionals for seniors’ housing in British a crisis situation. This program is Columbia offered over the phone Real Estate Boards currently available only to clients in and at the office) and Associations Metro Vancouver, but the hope is that • Seniors Homeless Outreach the program, combined with a Seniors Age-Friendly Designates (one-on-one outreach to seniors Financial Management program, can MLAs and MPs in BC who are homeless and at-risk be developed and offered throughout in Metro-Vancouver) the province. Life Insurance Brokers • Seniors Housing Directory of BC and Agents (a comprehensive searchable Accountants province-wide directory of seniors The need for services Managers of Financial housing buildings) for seniors continues to Institutions • Temporary Housing Program grow. To meet the demand (providing 17 temporary housing Investment Management units along with rehabilitative and and fill the void provincially, Agencies outreach services to homeless Seniors Services Society Provincial and Federal seniors (in Metro-Vancouver) of BC is also growing. Court Judges • Seniors Housing Navigator Training Registrars (two series of training sessions a year to build community capacity The need for services for seniors Mayors for volunteers and staff as Housing continues to grow. To meet the Government Ministries Navigators) demand and fill the void provincially, Seniors Services Society of BC is also Libraries: Public and Private, SHINE BC will expand on the existing growing. Program growth is currently including Law Society, Legal services available through Seniors dependent on money raised through Services, Education Facilities Services so seniors and service- fundraising events and initiatives, as providers across the province will have Chambers of Commerce well as generous monthly donations housing assistance and navigation and legacy gifts. BC Housing available to them. The expanded services will include the following. For further information regarding BC Assessment the programs currently available • A Seniors Housing Navigation BC Buildings Corporation through Seniors Services Society of phone line to connect seniors BC or to find out how you can support provincially to a Seniors Housing those programs, please contact Navigator Nipa Bhalla at 604 520-6621 or email • A new website specifically [email protected]. s for Seniors Housing Navigation Kara-Leigh Bloch is the • An expanded Housing Directory Executive Director of the Winter of BC website Seniors Services Society of BC. Advertising • Seniors Outreach workers in hub Editor’s note: This Society is a fine locations across BC attached to Deadline example of volunteer work in the existing seniors-focused agencies community by real estate people. November 15 • The addition of Seniors Mental REIBC ED Brenda Southam is Health & Addictions Outreach President of Seniors Services Society Workers to work alongside seniors and BC Notaries Association CEO [email protected] in their homes or alongside Jacqui Mendez is a Board member. www.notaries.bc.ca

Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 75 Winter 2017 Volume 26 Number 4

Published Quarterly by The Society of Notaries Public of British Columbia

26 years

…The Queen was also most touched to know

inside: Wonderful Women in BC Publications Mail Agreement: 40010827 ©iStockphoto.com/Poula Thorsen of the fond recollections Winter 2017 there were of her mother, Carleton School article Queen Elizabeth. in The Scrivener, Winter 2017 Ron Hyde’s Letter The Queen’s Response, in part, to The Queen of England, in part via her Lady in Waiting “There is [in this issue] a private “Re. The Scrivener magazine article photograph of your mother and father you have written about Sir Guy when they so kindly stopped in front Carleton School and a photograph of the school when your father saw the taken of Her Majesty’s parents when little girl with a bouquet of flowers on they came to Vancouver in 1939. top of the grandstand. This was not a “It was kind of you to share scheduled stop on their Vancouver area some of the memories your former tour so there was no media presence; classmates, from so long ago, have the little girl’s mother took the picture. of that occasion and The Queen was I thought you would be interested in The Queen offering her hand to Beverley also most touched to know of the fond this act of kindness that your parents Dean after she presented the bouquet, recollections there were of her mother, undertook.” as King George VI looks on Queen Elizabeth.”

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Volume 27 Number 3 Fall 2018 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 77 HONOURS AND EVENTS PEOPLE

William “Hugh” Cooper Dec. 21, 1938, to Aug. 6, 2018 Charles Ellington William “Hugh” Cooper was born Aug. 10, 1928 to Jan. 2, 2018 in Lynn Valley, North Vancouver, and passed away in Powell River, Retired Notary Charles Ellington just short of his 80th birthday. passed away peacefully at Beckley He is survived by his long-time Farm Lodge, Victoria. He is partner Marilyn, graphic artist survived by sons BC Notary Rob for The Scrivener; his former wife Ellington (Cathy) and Steve (Carol) Marion; son Zachary and daughter and grandchildren Spencer, Taylor Karen; grandson Kai; sister Mary; (Larissa), Amie (Justin), and brother Danny and their families; William. From age 3 to 16, he and and his dog Dickens. his five brothers and sisters lived in the BC Protestant Orphanage BC Notary Roy and his wife Hugh was a big presence with now known as the Cridge Centre Dawn Cammack and family cruising a wonderful zest for life. He was for the Family. He worked in the on the Norwegian Bliss to Alaska! a committed union man and a Land Title Office and Royal Trust political junkie who strived to make and was best known for his career a difference in the world. An avid as a successful Notary Public, Where in the World gardener and nature lover, Hugh obtaining his Seal in 1958; he Has The Scrivener Been? loved the culture and people in his retired in 1997. A great friend and second home in San Blas, Mexico, colleague of The Society’s long- and spent many winters there. time Secretary Dr. Bernard Hoeter, Charles also wrote articles for The Scrivener. Charles helped found his Church and sat on many Boards including the BC Protestant Orphanage that he helped transition to the Cridge Centre, World Vision Canada, founding member for Regent College, Director of Young Life Canada, Director of the Board of the Housing Corporation of British Columbia, and a host of others. He had a zest for life and loved spending time with family and friends. He helped many people in need. A great husband, father, grandfather, and friend, Charles Akash Sablok and an electronic copy Charles Mow, Esther Chiu, and Susan Tong is sorely missed. of The Scrivener rode in Bali at the Nusa Dua public beach in the Gran Fondo 2018.

The Society of Notaries Public of British Columbia Volume 27 Number 3 Fall 2018 78 TABLE OF CONTENTS I give to my community and with Vancouver Foundation, my giving lasts forever.

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

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To find your local community foundation visit communityfoundations.ca CONGRATULATIONS TO ALL THE NOTARIES PUBLIC OF BC ON STEWART TITLE’S BC BUSINESS ANOTHER SUCCESSFUL CONFERENCE! DEVELOPMENT TEAM

Stewart Title and, in particular, our BC Business Development Team would like to thank BC Notaries for your ongoing support and our invitation to sponsor this important event. We enjoyed meeting with our Notary partners and participating in some of the events on offer. It was, indeed, another great year!

At Stewart, we take pride in working with Notaries. Amanda Magee Brett Horton Since our inception into the Canadian marketplace, we have Director, Business Development, Counsel, Commercial Business partnered with Notaries to offer peace of mind to your clients and Western Canada Development, Western Canada our policyholders. Our comprehensive title insurance coverage for (604) 839-4471 (604) 349-0845 buyers, owners and lenders is competitively priced and backed by [email protected] [email protected] solid underwriting expertise and claims paying ability.

We support your role in real estate transactions. You understand the complexities of each transaction and 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. In addition, we provide tools and support to keep you central to the real estate transaction. Jessica Orlowski Michelle Torrance Okanagan Vancouver - Lower Mainland One of the keystones to this partnership is our local Business (250) 718-7611 (604) 802-6027 Development Team. [email protected] [email protected] They are always available to answer questions about our products and coverage and to provide unique solutions for your more complex transactions. In addition, they will support your practice by training new staff on procedures and best practices; by providing in-office training on the ordering process; or by setting up and demonstrating our time-saving applications. They’ll also keep you up-to-date on new developments and provide materials to help educate your clients.

Michelle Wells Nicole McLellan Tri-Cities, Fraser Valley Vancouver Island Business is all about relationships. It’s about finding (604) 657-6730 (250) 588-8996 the right people to partner with and letting them [email protected] [email protected] work to their strengths so you can work to yours – finding success together.

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Tara Butler Vancouver - Lower Mainland (604) 376-4709 [email protected]

09|2018

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