Summer 2010 Volume 19 • Number 2
Published Quarterly by The Society of Notaries Public of British Columbia
Notaries Michael Kravetz, Brenda Balogh, and Alex Ning INSIDE: Getting . . . and Staying . . . Organized!
Publications Mail Agreement: 40010827 1575 Toll Proud to be serving The Society,The serving be to Proud – 650 Free: Notaries, and Their Clients Their and Notaries, West Resolved contractdisputes. Defended claimsagainstestates; • Probated estates; • Obtained courtorderstocleartitle; • Defended claimsfromfailedclosings; • Prosecuted motorvehicleaccidentclaims; • • Acting forNotaries’clients,wehave Corporate/commercial • Environmental • Board • Insurance • Estates • Property • years: 30 Over for Need Clients the Advice Providing Tel:1-800-233-4405 Georgia email: www.macaulay.com hearings Street, disputes [email protected] claims PO issues 604-687-9811 Box 11635, law Vancouver, Fax: 604-687-8716
BC V6B Quang Duong Quang McKendrick 4N9 Burgoyne Todd John
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What Does it Take to Become a BC Notary Public?
• Strong entrepreneurial and people skills • Fluency in English; other languages an asset • The highest degree of honesty and integrity • Financial backing • University degree and 5 years’ related experience • Dedication to serving the public Those are the characteristics of a BC Notary Public. There are business opportunities for Notaries in various communities throughout British Columbia.
As a BC Notary, you will have the If you have the qualities noted For more information, please opportunity to enjoy a rewarding above, and are looking for a new contact The Society of Notaries career as an independent career path, consider our Master Public of British Columbia businessperson who serves the of Arts in Applied Legal Studies 1-800-663-0343 public, and sets the example (MAALS) program for BC Notaries, or visit our Website of integrity and trust for which conducted through Simon Fraser www.notaries.bc.ca. Notaries are known throughout University. the world. Published by The Society of Notaries Public of BC
COVER STORY Artful Organization and Management 26 FEATURES Photo Credit: The Scrivener Getting . . . and Staying . . . Organized! What Does it Take to Become a BC Notary Public? 3 The Scrivener: What’s in a Name? 5 THE SECRETARY AND EXECUTIVE DIRECTOR Services a BC Notary Can Provide 35 Technology and Being Organized 6 BC Notaries’ Spring Conference 2010 31 Wayne Braid Derek Smoluk THE PRESIDENT Congratulations, BC Notary Class of 2010! 34 Organized? Who, Me? 7 Susan Davis Award Winners 2010 35 KEYNOTE A New Tradition in Educational Excellence: Beware the Organizing Bug! 8 The Class of 2010 36 Val Wilson Marnie Premont Get Organized . . . And Enjoy More Time 10 Our Grads’ Convocation Linda Chu at Simon Fraser University 37 Dr. Rob Gordon Yin and Yang: Profile of a BC Notary: DANIEL BOISVERT Two Styles Improve Our Organization 14 Wonderful Family. Wonderful Life! 38 Filip de Sagher Delightful Delta! 40 Manage Your Paper with SPEED BUMPS 16 Profile of a BC Notary The Thrill of Being Organized! 17 Joe Quan: Gentleman, Family Man, Entrepreneur 41 Deborah Reynolds In Memory of Joe Quan 42 Free Your Computer from Electronic Clutter 18 Sherry Borsheim A Tribute to My Father 44 Gurpreet Singh Minhas Organization in the Office and at Home 20 Congratulations, Lois May Sheffield Lambert Tools 21 on Your 100th Birthday! 64 Bill Binfet Simplicity in Organization 22 Dan Boisvert Hidden Treasure 23 Baljit Siekham Bu i l d i n g Be t t e r Co m m u n i t i e s , On e Gr a n t a t a Ti m e Riding the Dragon’s Tail: Spotlight on Good Works Getting Your Office Organized 24 Legal Office Assistant Program Michael Kravetz at Camosun College 46 Get Organized! 46 The Board of Governors 47
4 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 The MiX Editor’s 25 LETTERS 48 Published by The Society TAXES Going Into Business? A Few Things to Consider . . . 50 of Notaries Public of British Columbia Kathryn Edwards Editor-in-Chief Val Wilson Land Title Act Amendment: Legal Editors Wayne Braid, Ken Sherk Electronic Filing 53 Craig D. Johnston PR and Magazine Akash Sablok, Chair Committee Michael Kravetz, Vice Chair BC NOTARY DANIEL BOISVERT’S FAVOURITE CHARITY Leona Bailey BC Children’s Hospital Foundation 54 Tammy Morin-Nakashima Alanna Donahue Terry Sidhu BC HISTORY: PART 10 Amber Rooke, Staff Liaison The Canadian Pacific Railway and British Columbia: Graphic Design Graffiki Design 1882 to 1885 56 Bob Reid Courier Cheyenne Express ALLIED PROFESSIONALS Association of BC Land Surveyors The Scrivener Board of Management 2010 and Executive Director 65 Voice: 604 985-9250 BCLS Graduates 65 Fax: 604 985-0900 email: [email protected] Recent LTSA Board Appointments 65 Website: www.notaries.bc.ca LEISURE Summer Reading 66 The Society of Notaries Public of BC. RECIPE 604 681-4516 Halibut with a Wasabi Pea Crust 67 To send photographs to The Scrivener, Travel please see the Editor's column on page 25. Ethiopia: Land of Beautiful Smiles 68 Susan Davis All rights reserved. Contents may not be Business to Business 72 reprinted or reproduced without written permission from the publisher. This journal Wills & Estates is a forum for discussion, not a medium Disclaimer: Thanks, But No Thanks 73 of official pronouncement. The Society Trevor Todd and Judith Milliken QC does not, in any sense, endorse or accept WINE COLUMN responsibility for opinions expressed by The Story of Carton Wine 76 contributors. Bernard Hoeter, PhD Honours & Events Where in the World has The Scrivener Been? 78 PEOPLE 78 Canada post: Publications mail The Scrivener: What’s in a Name? agreement No. 40010827 “A professional penman, a copyist, a scribe . . . a Notary.” Thus the Postage Paid at Vancouver, BC Oxford English Dictionary describes a Scrivener, the craftsman charged Return undeliverable Canadian with ensuring that the written affairs of others flow smoothly, seamlessly, Addresses to circulation dept.: and accurately. Where a Scrivener must record the files accurately, it’s the The society of notaries Notary whose Seal is bond. public of bc We chose The Scrivener as the name of our magazine to celebrate the Suite 1220 – 625 Howe Street Notary’s role in drafting, communicating, authenticating, and getting the Box 44 facts straight. We strive to publish articles about points of law and the Vancouver, BC V6C 2T6 Notary profession for the education and enjoyment of our members, our [email protected] allied professionals in business, and the public.
Volume 19 Number 2 Summer 2010 The Scrivener 5 THE Secretary and Executive Director
Wayne Braid Technology and Being Organized Photo Credit: www.wildmanphotography.com
recently attended the direct the students to various online with the bank regarding your mortgage reference sites. The group can review and interface with the Land Title Convocation Ceremony the sites in real time and discuss the Office to register your mortgage, title at Simon Fraser University reference material. There is no need change, or charge. I to gather in a classroom or travel to an BC Notaries have many technology where our new BC Notaries outside location; they are accessible tools at their disposal when they to each other 24/7. One of our current were awarded their Master’s need to research a client’s particular students telecommutes from his problem or situation. Print technologies degrees. workplace in Bermuda! allow us to produce accurate, good- As I sat on the platform while looking written documents for your each student was called forward to To be successful in a graduate transaction. MS Word and other word- be presented to the SFU Chancellor, program, it is absolutely processing software technologies and I thought how organized they must Adobe Acrobat are essential to being have been over the 2-year program. essential to be organized. organized. They had classes and research Facebook, Twitter, email, and groups to attend online or in person, Articles, papers, projects, texting allow us to communicate papers to create, deadlines to meet, examinations, teachers’ notes, and with our clients, potential clients, examinations to write, and numerous marks are all communicated between partners, and friends. Those “Social” other demands on their time and school and students via secure networking methods help keep us schedules. Many had full-time jobs, Internet communication. Our Notary organized. We can let others know were full-time moms, ran a business, students learn about the technology where we will be and our ETA; we can and in a couple of cases, were battling that will be available to them when ask who else may be there, whether significant health challenges. they open their own practices. the recipient is interested in attending, To be successful in a graduate BC Notaries use a multitude and of course what we are expected to program, it is absolutely essential to of technology to serve their clients. take to the meeting . . . or party! be organized. Does technology play a Contact managers such as Outlook, The BlackBerry, iPhones, iPads, part? The answer is a resounding Yes! Maximizer, Gold Mine, Act, and Time the Palm TX, and HP’s iPaq are all Much of the BC Notaries’ graduate Bridge are examples of tools that help highly efficient “organizers” that a program—the Master of Arts in keep us in touch with our clients, great many of us use. They keep us Applied Legal Studies—is delivered business partners, and personal in touch when we are not in the office via various technologies. Many contacts. A contact manager really has and need to see our calendar and professors use “e-live,” an Internet- one purpose—to keep us organized! we can take a phone call or check based communication tool developed voicemail from wherever we are. For your real estate transaction, by Simon Fraser so a professor can the BC Notary uses many other tools I trust you will enjoy the way interact live with the students. such as BC Online, to source accurate we have organized the pages of our That teaching method has many, government title-search information Summer Scrivener to showcase the many benefits. Students connect from in an instant, to ensure your file is way some of us keep our offices and their own computers at home or work. not only organized, but accurate. The our personal lives in order in this While teaching, the professor can Notary uses technology to connect hectic world. s
6 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 The President
Susan Davis Organized? Who, Me?
his is confession time. I enter personal obligations in my Although I am very disciplined calendar right away to keep myself on Although I am very disciplined and organized when I am track, as does my husband. You would and organized when I am think this would work well, but not working,T I cannot seem to get the hang working, I cannot seem to get necessarily. You see, my husband and of it at home. the hang of it at home. I each run our own separate calendars and despite our many efforts to Just before I sat down to write coordinate them, we often end up with this article, I tried to find some tickets accomplished, although probably calendar conflicts, which lead to other to an event my husband and I plan not in an order that made the most conflicts . . . such as whose calendar has to attend this Summer. I know I put efficient use of the time I spent doing priority. The answer to this one is easy: them. them in a safe place . . . I just can’t We should run only one calendar, but we remember where. I am thinking I may still haven’t quite managed to do that. not be a good source for an article on Getting—And Staying—Organized. Some weekends when we are feeling we really want some organization in our In my pursuit to better understand lives, my husband and I decide what “organization,” I looked in Collins we will have for dinner each evening Thesaurus of the English Language of the coming week and purchase the and found a great list of similar words, food we need to make those meals. such as methodical, ordered, efficient, disciplined, precise, neat, tidy, The first of us to arrive home late systematic, orderly, meticulous, and in the afternoon already knows what’s businesslike. for dinner, so it’s easy to put the meal together. This is a great plan. On I love those words. Each of them the days it works, I feel wonderfully describes how I would like to run my organized but, by Wednesday, it everyday home life. But, somehow, at generally goes off the rails because times I am not quite able to pull it all one or the other of us decides to cook together. Distractions are too tempting something else. and pull my focus away from the task ©iStockphoto.com/ shop NL at hand. After much contemplation and I really do try. I enter friend and soul searching, I have reached the family birthdays and special occasions In the middle of a chore, my mind conclusion that although I truly aspire in my calendar. I purchase cards in starts to wander—thinking of what to be organized, and even like to think advance and even stamp and address else needs to be done or what I would of myself as organized, I still have the envelopes, leaving them open really like to be doing—then I find a lot of work to do to reach the point so I can write a message in the card myself starting on those things, too. where I can feel that the words in that just before I send it out. Despite my thesaurus relate to the way I manage Soon I find myself with a number meticulous preparations, I sometimes my personal time. of chores started and none of them forget to send one or I misplace completed. Because I am determined, one—finding it weeks after it should I do have some good news, those chores eventually do get have been sent. however. I found the tickets! s
Volume 19 Number 2 Summer 2010 The Scrivener 7 KEYNOTE
Val Wilson Beware the
Organizing Photo credit: Louiza Jamoukhanova Bug!
arning: they were being judged because their desks The contents of and offices were messy. this issue may have Others were ashamed W that they might need a profound effect on you! assistance with a task as basic as tidying their As work began on the theme Linda Chu own workspace. articles, I felt compelled to address the clutter in my office! I was ably assisted From experience, by a hard-hearted friend who was not I know that each emotionally attached to each precious sheet of paper or file page and treasured trinket. We culled folder requires a direct and sorted and restored order and it decision. It can be felt great . . . when we finished! more fun and often more productive to have The Domino Effect swept me into Sherry someone guide you Borsheim other needy realms . . . cupboards, through the process GET ON TARGET closets, clothes, and garden. Spring or simply offer moral EVERY TIME YOU Cleaning was never so vigorous or so support. INVESTIGATE rewarding! Getting organized definitely A COMPANY has a contagious aspect to it. Our guest writers IN A BUSINESS for this issue include ACQUISITION consultants Linda Chu, Sherry Borsheim, Baljit Siekham, and Deborah Baljit Reynolds. Several Siekham BC Notaries have kindly shared details of the clever systems they have implemented to manage the reams of
Photo credit: Charles Carter paper that are integral In speaking with colleagues to a Notary practice and to many other about the theme of this issue, I was Deborah impressed by the candid comments businesses. Reynolds they offered about their organizational Please let us skills. Most thought they could use know how the articles some help in that area. Some felt motivate you! s
8 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 C
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Linda Chu
Get Organized . . . And Enjoy More Time
eep everything . . . • 61% claim the biggest Our days end with many wondering frustration with their disorganized where the time has flown. We work provided you have the environment is that they can’t later and later and begin taking work space and you can find it. find what they need quickly. home. Work is invading our private K • 27% find it hard to concentrate lives as we sit in the bleachers at our Therein lies the challenge. with messy files around. children’s games, working away on our BlackBerrys and iPhones. Whether you are a piler, a filer, Many of you may be nodding your or a stuffer, you may be running out head, commiserating with those facts. Time Management: A Misnomer of space. In this electronic age, our • Yet, only 22% actually spend the Time management is a misnomer access to information in many formats time to arrange their desks (physical because time ticks away with or has resulted in our offices, desks, and electronic desktops) for without our control. It is more computers, and minds becoming maximum productivity every day. a matter of what we do with our time stuffed to capacity. Not only are we • Only 49% organize on a monthly that counts. Getting organized is more crowding ourselves out physically, we basis. important than ever. By choice, we are overburdened and stressed with can dedicate time to our real priorities too many interruptions via email, voice • About 67% are not sure how to start or maintain their efforts. as we seek that ever-elusive work/life mail, and paper mail. balance.
Getting organized may be one hurdle Interruptions are a fact of life and to master, but staying organized is Work is invading our work. It has been proven that every where the race can be won. private lives as we sit in the time we are interrupted, it takes us 15 to 20 minutes to get back into prime This data is from a November 2006 bleachers at our children’s focus. That’s just one interruption. Office Depot Organization Study. games, working away on our Imagine if the average employee in • 53% live in “controlled chaos.” BlackBerrys and iPhones. your organization loses 20 minutes a day of focus. The combined wages • 76% report losing time add up quickly, not to mention the lost to disorder. We are all crying out for more productivity. time to complete our competing tasks. • 51% are concerned about There are only 24 hours in a day, so Focusing on what matters most missing important deadlines unless we are prepared to work all at any given moment is the key to or appointments. 24, there are some decisions to be a successful priority action plan. • 16% cite fear of diminishing made. While technology has provided Yes, there will be the unexpected their reputation. us with the opportunity to access our interruptions and emergencies, but information anywhere, any time, those having a game plan and identifying • 14% lose business opportunities same “electronic leashes” shackle us your high-priority tasks will give you due to disorganization. to our work 24/7. a better sense of control in your day.
10 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Prioritization: Focusing on What Matters Most If you are finding yourself in Quadrants 3 and 4, you Knowing where to start seems to be one of the most may be feeling you were working on things that seemed common dilemmas. Our task lists run on forever—one task urgent at the time, but in reality they were not important— being replaced by two, as soon as some progress is made. when it comes to accomplishing your goals. We are like a kid in the candy store—we want it all; we Quadrant 3 stuff our mouths so full with gumballs, we can no longer These likely are tasks that others would like you to do; chew. they really have no importance to your quest to achieve Before diving head-first into a long list of tasks, it is your goals. important for you to be clear on your vision and goals. Quadrant 4 Spend some time to determine what you want to achieve in your organization, business, work, and personal life. If your I call this the procrastination corner. Here are all the vision and goals are not clear, it really doesn’t matter where tasks we do to feel/keep “busy.” They are the easy things you start in your mounting list of to-dos. on our list that we can check off to feel that sense of accomplishment. In this quadrant are activities in which • Do you know your company vision? you engage when you are avoiding tasks that will actually • What goals do you need to accomplish to meet get you closer to achieving your goals. that vision? Quadrant 1 • What are your short-term and long-term goals? Leave any task long enough and it will become urgent— if not for yourself, for someone else. For those thrill-seekers • How do your personal goals fit into your day? who like working under pressure, Quadrant 1 makes them • What is important and of value to you? feel important and useful. Productive? That is debatable. But for certain, being in this quadrant is fighting fires and Prioritizing your day and tasks means you are clear not being proactive. about what needs to be accomplished to reach your goals. Each action you take should serve to support reaching Quadrant 2 that vision. This quadrant is the key to being more effective and Steven Covey, in The 7 Habits of Highly Effective productive. When we are clear in our vision and we People, describes a time-management matrix. understand what is important for the long term, we are able to better prioritize the activities that focus on achieving Steven Covey’s Urgency and Importance better value for ourselves and those we impact. Concentrate Time Management Matrix your time in this quadrant, working on what is important, rather than urgent. Not surprisingly, recreation— NOT URGENT URGENT aka exercise and downtime—is in this quadrant. 2 1 Schedule time today to chart your activities according • Prevention • Crises to Steven Covey’s Urgency and Importance Time • Building relationships • Pressing problems IMPORTANT Management Matrix. In which quadrant are you spending • Identifying opportunities • Deadline-driven most of your time? Are you moving closer to your goals? • Planning projects • Recreation Paper and Information Management Computers and the paperless generation: The majority 4 3 of businesses have not embraced that concept. Many • Trivia • Interruptions, some of us still are faced with the daunting task and anxiety • “Busy” work calls, some email, NOT of the daily search for information. At least 1 hour of your • Some emails and calls some reports, some IMPORTANT day may be spent looking for something. For just one • Time-wasters meetings person, that can add up to at least 20 hours a month in • Pleasant activities • Popular activities lost time and productivity. (socializing) • Urgent for others Out of sight, out of mind. That is a real fear for most One axis describes Important as tasks and actions that people. If they put it away, they may forget about it, so their support us in reaching our vision and goals. idea is to keep it out and trip over it until they need it. The other axis describes Urgent, relating to the pressure Looking back, we realize our office is littered with and rush that is imposed on time spent in completing intentions, one covering the other. Procrastination sets in, certain tasks. because we often are so overwhelmed with our piles, we don’t know where to start. Many of us spend the day working on many projects and tasks, feeling quite busy and pulled in many directions. By adopting the following space-creating process, we At the end of the day, on reflection, we often feel that not can get organized and re-claim our offices so we can focus much was accomplished even though we were “busy.” on the more important tasks that beckon.
Volume 19 Number 2 Summer 2010 The Scrivener 11 S.P.A.C.E. Helpful Hints Sort Active, Reference, Archival Taking inventory of every item in your Divide your information into office, as overwhelming as that may 3 categories. be, is a critical step to taking back your space. We often are derailed by 1. Active Information means action is glossy pages in magazines sporting required. Active information can clear offices and amazing “organizing” be placed into a priority action products—so much so that we buy plan, like a Tickler File or BF— those items. Bring Forward File. 2. Reference materials have no We realize all too quickly that our action required but may be part purchases are still in their shopping bags untouched, and programs are of your “reference library.” Your ©iStockphoto.com/malerapaso reference materials may be uninstalled. Wrong size, not enough, moved away from your immediate wrong fit. Most products don’t come work surface into a dedicated with a quick fix to organize you without filing system for ease of access. some preparation and work. 3. Archival resources may need to By taking stock of what you have, be kept, based on legislation you will have a better understanding requirements. If space is limited, of the volume of your information and archives may need to be moved the frequency of access that you require. out of office or even off-site. Purge The Top 3 Things You Can Do “What if I might need it one day?” for Yourself to Start the Shift Back is the single largest concern that to Work-Life Balance prevents people from letting go 1. Take back your time. Start with of resources they have collected. Contain 15 minutes per day. As you move through the piles in 2. Ask for assistance. You cannot your office, first concentrate on the Taking inventory of what you have will do it all, nor should you. obvious: The Yes and No items. The lead you to better-informed decisions Consider leveraging your routine remaining Maybes, which legislation on what to purchase (if anything at all). administrative tasks to a virtual does not require you to keep, can be Products are the fourth step in assistant (or student volunteer). indexed under a file for last year. the process of getting organized, not 3. Do not make yourself available As you access information in the the first step. Stop wasting time and 24 hours a day, 7 days a week. current year, place the information money by prematurely purchasing It is up to you to educate your in the information resources file for products to get you organized. clients and colleagues and to the current year. After a year has Evaluate set your precedent. Turn off passed and you have not accessed Keep function vs. form in mind as you your cell phone and email after older resources—and space is limited, design your ideal workspace. I would hours. If you respect your time, purging them from your space may be concentrate on creating processes and others will, too. advisable. systems to get your space to work for No Time to Open All Those emails? Assign you first. Then, as your budget allows, Here’s a quick tip to put into practice As you sort and purge information you may decide to adopt a specific look. immediately, to save precious time from your space, categories and when managing your emails. priorities will become apparent. Group email Management • EOM: End of Message items of similar information that Email is nothing more than require similar actions. Use EOM in the subject line to correspondence in electronic form, but because it is electronic, the speed signal the recipient that the message We often spend too much time and volume with which we receive this is in the subject line. That works thinking about an ideal system, correspondence is crippling our ability nicely for things such as, “See you only to find one piece of paper in to manage. We’ve become deer in the Friday at 11:00 AM. EOM” and a folder—or empty folders. I would headlights on the electronic highway. “Congratulations on a great job! EOM.” suggest creating your filing system as When time is limited, every second— the information presents itself. Think Managing email—and other forms or in this case, every click—counts. big categories and, as your information of messages and correspondence— grows, subdivide. starts with a clear decision-making
12 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 process. Rather than stopping in your Outlook has the ability to defer Delegate tracks every time an email comes into your emails by creating an action-to-do your mailbox, it is recommended that Is this something to which you must item on your Task List, From your Task you process your email in batches. attend or can you delegate this task List, you are able to move this task by to someone else? Even if you are scheduling it into your Calendar. Schedule Dedicated Time to Process ultimately responsible for this task, email Messages you may be able to delegate a portion When we feel more in control Turning off your email notifications will of it. Break down each step required of the decisions we need to make, we help reduce interruptions. Who can for completion and determine which can better prioritize the way we spend resist the ping of “someone loves you”? portions can be delegated. You can our time. In doing so, we have the We are stopped in our tracks and must still manage the outcome, without power to say No with certainty. have a look, only to be disappointed having to “do” all the work. Saying NO to one thing means that it’s only another chore to add to you are saying YES to something else. our growing list, forcing us to re-focus Document (in your reference library) Having the ability to prioritize on the task at hand. We often receive email with information attached or included. Your your tasks and to dedicate specific The Decide-in-5 Model email inbox is a receptacle to receive times in your schedule will give you better control over your day. Then of Decision-Making correspondence. It is not meant to interruptions, in their many forms, Processing is not doing. Nor is it store your information. can be managed more effectively. about opening and closing the same If no action is required by you, but email several times over and over and you would like to keep information for If you respect your time, never having the time to do anything reference, save the attachment or the others will also. s with it. email in your hard drive or network drive. Organizing Consultant Linda Chu It’s applying the following is past president of Professional decision-making model to ensure you Defer Organizers in Canada and founder are focused and can plan in advance While processing your email—and if the activities each correspondence you cannot Delete it, Delegate it, Do it of Out of Chaos. Her work with a broad requires of your time. in less than 2 minutes, or Document range of clients in the municipal, it—defer this action to your To Do list. corporate, and residential areas has 1. Delete Outlook Tasks is an electronic established her as one of the country’s 2. Do (in 2 minutes or less) To Do list that can be used to manage experts in personal and professional 3. Delegate all your To Dos. Deferring actions organization. that take longer than 2 minutes to 4. Document (in your reference Linda works with executives and library) complete gives you the ability to plan corporate teams to improve their 5. Defer your time, as you prioritize what is important against all the other tasks workplace effectiveness and with homeowners who want to de-clutter, Delete you must complete. Take back control of your email! downsize, or move. Simply put, it’s about deleting messages that are not required, Intentions vs. Follow-Through An in-demand speaker, Linda provides like junk mail. It may also mean Once an email is received in your tangible strategies on how to master the opening an email and receiving the Inbox—and you are looking at it in overwhelming challenges we all face in information sent and leaving it where the timeframe you have dedicated to gaining control of our time, space, and it is. An opened email means it is processing your email in batches—you information. She helps restore balance processed and no further action is have begun to take back control, in people’s lives. required from you. rather than having email control you. Clients include municipalities, school Every action required from you Do (in 2 minutes or less) districts, and firms such as General that is placed on your To Do Task List If you cannot delete the message and is nothing more than an intention. Motors, IKEA, and Whirlpool Canada. an action is required—and you can Following through in a timely manner Her media appearances include Citytv complete this task in 2 minutes or will ensure your success in achieving Breakfast Television, CBC Radio, less, then complete the task. As Nike better efficiency and productivity. Chatelaine Magazine, National Post, says, Just Do It! Time must be spent on moving and Reader’s Digest. Don’t get overwhelmed and your tasks into your calendar. Nothing Contact Linda Chu to learn how to distracted with all you have on your will get accomplished unless you customize your Outlook Tasks. plate. Procrastinating will not make invest time to ensure the task can be it go away. completed. www.outofchaos.ca
Volume 19 Number 2 Summer 2010 The Scrivener 13 feature
Filip de Sagher
*
Yin and Yang: Two Styles Improve Our Organization
hen I contemplate with papers and files, notes and pens, And how do you organize all the to-do lists, and so on. emails you receive daily? My Inbox is our practice, I find always empty because I have separate The bottom line is that our folders for every item. Hilde’s Inbox is, that my wife, fellow respective styles work for each of us; W well, populated. I am not sure how she we achieve the results we are seeking. BC Notary Hilde Deprez, and finds her way in it. But when asked to I have different approaches By the way, guess which Notary retrieve an old email message—and our clients think works the hardest by we timed this—she finds it quicker! to organizing ourselves to meet just looking at our desks? Lately, I have When we started our Notary our common objectives in our started to put some documents— practice, we realized that neither stacked neatly, of course—on the far Notary practice. one of us should—or would be able end of my desk . . . to—impress our management style on The principle of Yin and Yang the other. I get goose bumps just by comes to mind when describing it— I get goose bumps just by looking at her desk and Hilde could never live with an empty Inbox. “two seemingly contrary forces that looking at her desk and are interconnected and that reinforce Hilde could never live with It would have been logical to each other in turn.” conclude that each of us would handle an empty Inbox. Let me explain . . . individual files separately and manage them from A to Z, but we wanted to To me, a clean desk is the very Here are more examples of our put a system in place whereby we essence of being well-organized. work styles. could review each other’s work, to I start the morning with an empty desk prevent mistakes from happening. During the day, our staff members and, by the end of the day, my desk is Good organization also necessitates take phone messages so we can empty again. No clutter—everything is a monitoring or checking process. where everything belongs. That gives call the clients back. I prefer those Hence, our ideal arrangement me clear motivation to work and keeps messages on separate notes so I can throw them away when done. Hilde has been to step in at different stages my mind focused. prefers those messages written in during the life of a file. What could In contrast, I have no idea what a big notebook, so she can keep them have been a detriment to an efficient
colour Hilde’s desk is, piled as it is “for later.” practice—two distinctly different *©iStockphoto.com/Andrey Prokhorov
14 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 management styles—is now a big advantage. A file is broken up into its various components and each of us is responsible for a few of those parts. We handle the components in our own way, then pass on the file to the other for the next step. Consequently, we are both familiar with each and every file. We review continuously and we each get to keep our “way of doing things.” So far, our organization has reached its goal . . . and now it’s time to clean up my desk!
Associates in 63 countries ©iStockphoto.com/KG Photography
Author’s Note: The editor asked me to tell what Yin and Yang mean in the Flemish language, 1 of the 3 official languages of Belgium. The closest would be this: When we Belgians want to express that two things really go Leave a Legacy well together, we say “like mayonnaise for a on fries.” We cannot imagine serving or eating fries without mayonnaise, let World Free From Cancer alone the horror of putting ketchup or vinegar or poutine on top! To ensure that your client’s gift benefits I take this opportunity to point out cancer care and research in B.C. at the BC that fries are a Belgian invention, that Cancer Agency, please ensure that the full we eat the most fries per capita in legal name of our organization is used in the world, and that we make the best, estate and financial planning documents. hence they really should not be called “french” fries. s BC Cancer Foundation Hilde and Filip practise in the Point Registration Number: 11881 8434 RR0001 Grey area of Vancouver as Deprez & Associates, Notaries Public. Filip To find out more about the BC Cancer Foundation or obtain a free gift planning kit, please contact has a Law degree from the Catholic Isabela Zabava, LL.B. at 604.877.6157, University of Leuven in Belgium. [email protected] or visit us online at www.bccancerfoundation.com/giftplanning [email protected] www.notarydeprez.com
Volume 19 Number 2 Summer 2010 The Scrivener 15 feature
Deborah Reynolds
Manage Your Paper with SPEED BUMPS
nvariably, some events and circumstances S SORT and put similar items together, for example, documents that will be used for upcoming projects. will always get in the way of performing Initially, use a series of bins, baskets, or trays for sorting. any given task or priority. Avoid the actual filing of documents because that takes I more time. Simply grab a piece of paper from the pile, skim Every moment throughout the day is an it, make a quick decision about where (which bin) it belongs, assessment of your priorities. and toss it in. Paper clutter can sidetrack the finest P PURGE what you can immediately identify as trash; of employees, managers, businessowners, and recycle it or shred it. Anything that has your personal and entrepreneurs. Consider how much time during the client information on it—such as name, address, account day you spend looking for things or for a particular numbers, and credit information—should be shredded to paper document. avoid identity theft. If you find yourself searching through files and E EXAMINE each piece of paper to determine its meaning, stacks of paper, try the SPEED BUMPS© process . . . purpose, and value. Being able to skim through the pages beautifully engineered boulevards designed to slow quickly is an advantage. Developing your speed-reading you down and protect you when you are most likely skills will help you get through massive amounts of written to accelerate, thus helping you avoid unseen dangers. material quickly. The process will help you refocus and assist you to the paper’s importance, prioritizing as you go. get where you want to go. E EVALUATE Ask yourself, is it important to me, one of my co-workers, or Getting paper under control requires that you allot the survival of the company? If you’re not sure, ask! Critical time in your calendar to address the management Items needing immediate action require their own bin. of paper and make some simple decisions. That must be determined for any piece of paper. will prepare you to devote future scheduled time to D DESTINATION manage more complex actions. What must be done with it? Where does it go? Is it to be filed, tossed, or passed on to someone else? Does it need to be circulated, approved, or delegated? Do you have to action it? If the paper needs action by you, schedule time to deal with it, either later in the day or at a future time. Rather than attempting to determine the action steps in your head, create a written plan that outlines what you wish to accomplish. That will add clarity to your project. Before
©iStockphoto.com/nes you begin, put the following BUMPS strategies on paper.
16 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 B BREAK the project into manageable tasks and segments of time: 20 minutes at the most and, if possible, just 5 or 10 minutes. It is difficult to retain full focus for longer than 20 minutes. Allotting the tasks into the smallest-possible manageable segments ensures your perseverance and success and helps eliminate procrastination. U UNDERSTAND why you are creating and implementing the project and get clear on the results you want. Keep the end in mind. What are you trying to achieve? ©iStockphoto.com/Aggressive Entertainment What consequences do you wish to avoid? Will it result in increased revenues and increased productivity The Thrill and profits? M MAP out your strategy of attack. of Being Organized! What resources are available to help you complete the project? What assistance or materials do you need before you start . . . here’s something magical about and to ensure that you finish? finding what you are seeking How frequently will you be working on the project and on each within seconds. segment? Schedule the segments in your calendar, using the T “Recurrence” button in Outlook, for example. Organization is learned. Most of us need to apply time and effort to learn systems that P PERSEVERE, at the allotted time in your calendar, to are designed to improve our performance and complete the segments of the project. Distractions and results in all aspects of our lives. interruptions are part of daily routine. Be assertive with your colleagues and disciplined in your own actions. Organization is a habit. Creating habits Once a segment is complete, self-satisfaction increases takes focus, consistency, commitment, significantly. The rewards are confidence and the desire persistence, and discipline. to continue. I’m one of those creative types that S SYNERGETICS uses the full brain power of both you and has to work hard to manage piles of paper your team members. The results of 2 people working together and a loaded inbox. Over the years, I’ve are always greater and more powerful than 2 individuals taught myself tactics that have improved my working separately. Ask your colleagues if they deal with performance and environment. I’ve also utilized the same type of task and how they tackle it. We all think the services of a Professional Organizer. differently and not every strategy works for everyone. One Time is valuable. If organizing paper-flow of their strategies may work better than yours. Different systems isn’t your forte, then consider hiring perspectives and varying levels of experience and expertise a person who can introduce you to strategies often ensure greater success. that suit your style. A friend could help, but ©Deborah Reynolds, About Face Image Consulting Inc. s I recommend a professional organizer. The systems they have learned can be life-saving. Deborah Reynolds, founder and President of About Face Image Our level of self-worth often dictates Consulting Inc., is a corporate image consultant, international image whether we feel we’re entitled to enjoy a great expert, keynote speaker, and bestselling author. Known for giving workspace and systems that work. We need her clients a competitive edge in the marketplace, she works with to learn how to buy into the idea that being individuals, small businessowners, and corporations on transformation organized and following systems will indeed and image. Deborah’s focus includes dealing with difficult people; improve our lives and reduce our stress. performance issues; communication and assertiveness skills; customer Then we can celebrate ourselves for our service; networking skills; stress management; social, business, and dining accomplishments and we will have more time etiquette; and multicultural protocols. She also is a colour specialist on to do the things we find truly rewarding— the use and impact of colour in business. instead of searching yet again for that elusive Voice: 604 888-9260 document. [email protected] Deborah Reynolds www.aboutfaceimage.com
Volume 19 Number 2 Summer 2010 The Scrivener 17 feature
Sherry Borsheim
Free Your Computer from Electronic Clutter
ired of not being able to Help is on the way • Save money. and you are not alone. • Respond quicker to requests. find the documents you Paper and electronic disorganization • Leave work earlier. need on your computer? are common organizing challenges • Spend more time with family T in many companies today. If specific and friends. Do you know which file is the information-management policies and • Have time to exercise or go for final version? Do you share your processes have not been instigated, a walk. computer files with others and wish the result is duplication, wasted time, • Enjoy time for hobbies or being you had a standard way to name your bulging filing cabinets, overflowing outdoors. files? How much time and money storage rooms, bigger hard drives, and Take a few minutes right now do you think you are losing due to loss of revenue. Sound all too familiar? to jot down your WHYs . . . the real disorganization and lack of systems? Just imagine if the flow reasons you want to get your computer Organizing your computer files of information coming through your files organized. That will be your today will save you time and money office was easier to manage because motivation to make a lasting change, tomorrow! of standardized processes for break old habits, and persevere to the It’s that simple. You may say, “I’m managing computer files. What could end of this project. too busy to take time to organize my you do with the extra time saved? Step 2: Determine Who Needs Access Setting up your computer filing system computer files today, I’ll do it later.” Here are some questions to consider so it works for you is easy when you As we all know, later never comes, when implementing a new file follow the 5 steps below. and what we don’t deal with today structure on your computer and/or on piles up for tomorrow. shared drive(s). Organizing your computer files …later never comes, and 1. Do documents on your personal may seem like a low ROI on your what we don’t deal with drive need to be shared with other To Do List, but is it really? Stop for staff members? a moment and think about all the today piles up for tomorrow. 2. Which files do staff, departments, time you spend at your computer committees, councils, and/or searching for documents. Your time Step 1: Define Your Why Board members need? Do files is valuable. If you could save yourself need to be shared on a Website? The reason for a standardized computer a few minutes a day getting your high 3. What files do staff, departments, filing system is different for everyone. ROI tasks done quicker, that would committees, councils, and/or Here are some common reasons leave you with more time to do more Board members not need but that companies and individuals invest the of the high ROI tasks. See where we may shared with them in future? time in streamlining their computer files. are going with this? 4. Does each family member have What action step will you • Reduce duplication. his or her own file folder for take today to begin the process • Increase productivity. saving files? Are those files saved of organizing your computer files • Spend less time looking for files. in the “Document” folder? for peace of mind, less stress, and • Retrieve files quickly. 5. Which staff or family member increased productivity? • Share files easily. needs access to what folders?
18 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Step 3: Stop Random Filing the # symbol is not recommended Keeping your computer files organized for this purpose. can be equally challenging; it demands Step 5: Be Consistent in Your File-Naming that you be highly consistent with your Save valuable time and reduce approach. On busy days, it’s not all duplication by using a consistent that easy to pay attention to details. file-naming structure, no matter You save files with names you think you how small or big your company is. can remember later on. Or you save This is the key to quick retrieval everything to the desktop, then that of information and reducing multiple screen becomes cluttered with too many copies of the same document, icons. Before you know it, you have especially in a shared environment! a bunch of randomly named files, filed wherever . . . an unmanageable mess. • Remember, the few extra seconds it takes to properly name computer Retrieving such files when you we files in the beginning will pay off need them can take a very long time. each time a file is retrieved later You may tend to rely too much on the on. Developing consistent habits Search feature of the computer, which for naming documents and filing produces a long list of files that you in the correct folder will save you must check manually, one by one. You time overall! may not realize how much time you are wasting when you search for files. Your new file-naming policy will apply to each new document you Step 4: Create Your Plan of Attack create from this day forward. On a piece of paper, first plan your file You need not rename all your old files. Dedicated to caring structure. Your computer file structure If and when you retrieve an old file, is made up of broad categories and for kids who need help simply rename it according to your new subfolders. The broad categories are file-naming policy. Established by Radio Station CKNW, the main areas of your business or the the CKNW Orphans’ Fund has been areas of responsibility in your position Step 6: Schedule Time in Your Calendar operating since 1945. within a company. Once you plan the All you need to do now is schedule file structure on paper, create the an hour in your calendar to begin this • We are dedicated to promoting folders on the computer. Over time, process. Remember, one action step the health and welfare of move the old files into the new file at a time, one day at a time. physically, mentally challenged, structure. At the same time, eliminate and disadvantaged children in BC. any old files that are not needed. The combination of several action steps will get you to the desired Using the @ symbol in front of • The Fund has awarded millions of result—your WHY—your real reason for the broad category folder name Active dollars to special needs children, organizing your computer files today. changes the sort order and moves their families, and organizations Enjoy the process and the new-found those popular folders to the top of the working on their behalf. freedom it will bring to your day! s list. Otherwise they would be sorted For over 60 years, we have been alphabetically in MY DOCUMENTS, and Sherry Borsheim is a recognized expert able to assist children to gain mixed in with all the other programs in the field of Business Organizing folders that never need to be accessed. independence and confidence Systems. Trainer, speaker, author, through the generosity of loving For example, when you are in and founder of Simply Productive, she is legacy gifts. WORD or EXCEL and you select FILE, passionate about helping people simplify then OPEN, the folders @Active and and streamline their paper, email, space, With your help, we plan to be @Personal will appear at the top of the and time-management issues for peace around for many more years. list for quick retrieval of documents. of mind. For over 18 years, she has For more information, please call That’s a huge time-saving tip right helped create customized systems for there! Also, the @ symbol is search- Shirley Stocker, Executive Director. mining and construction companies, friendly with most operating software. 604 331-2711 Realtors, accountants, retail, designers, Always test a process before you non-profits, doctors, and lawyers across [email protected] implement it. You will be happy to North America. CKNW AM 980, a division of Corus know the @ symbol has been tested in Entertainment, provides all promotional many different uses, including the use Voice: 604 233-7076 and marketing services for the Fund and of hyperlinks inside an email, Calendar [email protected] donates funds to cover administrative costs. appointment, or Task. Please note that www.simplyproductive.com
Volume 19 Number 2 Summer 2010 The Scrivener 19 feature
Bill Binfet Organization in the Office and at Home
hen you become cabinets. In front of them are 2 filing • 4 file labels record the above cabinets that move on rails. As the information, as well as the a Notary Public, you back cabinets become full, we use the legal contact person and phone can be overwhelmed front cabinets and still have access numbers. W to the back cabinets. • 2 labels are put on the file by the quantity of paper you Our office can store about and 2 labels are put on an must manage. 10 years of conveyance files in one alphabetical index card in the spot. When the cabinets become receptionist’s wheel file for ease You must set up a filing system entirely full, we shred the oldest files of reference. so you can find what you filed. in the back cabinets. • 2 index cards, 1 for the seller One day, I was sitting in the and 1 for the buyer, enable us doctor’s office, waiting for the to cross-check by client name. proverbial late physician. I noticed the Because we are limited for filing system covering the entire wall space, I wanted a system With the above system, we can usually track 99.9 percent of the files behind the receptionist’s desk. I asked that would expand as my her how the system worked. That led fast at any given time, by the master me to our present office filing system business expanded. list for each year or by the cross- for transactions. referenced index file. Because we are limited for space, To simplify the filing, each file Wills and Powers of Attorney Files I wanted a system that would expand is given a colour-coded system of Our filing system for Wills and Powers as my business expanded. I chose numbers that indicate the year and the of Attorney files is not as complex as a wall-mounted filing system—with file number. Each year has a different our conveyance filing system. When a difference. The wall-mounted system colour—2010 is pink. I first started as a BC Notary, I simply is comprised of 4 stationary filing Following the year, we give each put the name on the file and filed file a 4-digit number, for example, 10-1013. Each of the numbers after the year is also colour-coded. In that way, all the 1s are red, so if we misfile it in the wrong sequence by number or year, it will be obvious. Once a file has been given a number, the number is recorded in our master file for each year. The master file lists what the file is, for example, Smith to Jones, vendor interest, purchase, mortgage, refinance, closing date, and who is handling the file in the office. Wall filing cabinets and moving cabinets (We use initials-10-1010-SNJ.) Fireproof filing cabinet for Wills
20 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 it in a standard steel filing cabinet. When we began to convert our conveyance files to the new system, I played with the idea of doing the same thing for Wills and Powers of Attorney, Tools then reality took over. When a Will or Power of Attorney file is Once you master paperwork, tool storage is easy!!! created, a file number is assigned to indicate Most of my small tools are stored in tool cabinets with many the year and number of the file, for example, drawers. Here’s my simple system. W10-102AWB. That means the file contains a Will or Power of Attorney, it is our 102nd Will • Groups of pliers are stored in one or more drawers. I use or Power of Attorney file, and it was done in the top drawers for the tools I use most often, for example, 2010 by me. The numbering of the files gives screwdrivers, pliers, and wrenches. me an indication of the number of files I do • Large tools, like circular handsaws, drills, and impact tools, each month and each year. I can compare totals are stored in separate tool carriers, usually by supplier— back about 7 years, monthly and yearly. That is DeWalt, Milwaukee, Bosch, and so on. They are stored under very good information, especially when you are my workbench. doing revenue forecasts for the next year. • Large table tools such as table saws, mitre saws, and air Once the Will has been number-coded, an compressors are stored on the floor. Tools of that type should index card is prepared that shows information have wheels so they can be moved easily around the house such as names, addresses, work completed (Will), or outside. In one home, I plumbed an airhose to each and closing date of the work done, May 25/10). side of the house from the air compressor and 110/220 The index card is then filed alphabetically. Our electrical, so I could serve the outside yard with any tool. alphabetical files go back to 1976. I did that before I covered in the basement walls. As can be seen from the pictures, our Wills and Powers of Attorney are stored in legal-size fireproof filing cabinets. They can withstand heat of up to 1800° Fahrenheit from fire for 2 to 3 hours. The cabinets weigh 700 to 950 pounds each. New, they can run up to $2500 each, but I have been able to get used ones for about $900 each. Presently, I have 7 safes in the office that contain about 4000 Wills, Powers of Attorney, and Living Wills. If you have a file stolen or you have a fire, you will wish you had a fireproof, lockable steel filing cabinet. We used to keep all original documents. The problem with that is people never tell us if they have moved or if a loved one has died. Our office ended up with hundreds of original Wills and Powers of Attorney whose owners could not be located. It took us about 3 years to trace everyone down. Now we do not hold originals unless the owner pays a monthly storage fee. The storage fee has eliminated all those problems. All files are stored alphabetically. If names are different, with spouses or common law relationships, each name is given a separate file. The file and index card are identical. Original Wills or copies thereof will be given only to the executor. Powers of Attorney will be released only to the attorney, with the written permission of the donor or a letter from a doctor stating the donor is not capable of handling his or her own affairs. s Bill Binfet is a Notary practising in Penticton, BC. [email protected]
Volume 19 Number 2 Summer 2010 The Scrivener 21 feature
Dan Boisvert
Simplicity in Organization
he backbone of cheques. The same person enters the adjustments, and email it to the client account info on the PTT form. while he or she is still on the phone. organization is simplicity. The last thing we do is reconcile Simple and efficient. The more complex your systems, each client before registration. The We still make tremendous use of T same person who registers is the our fax machine but our fax receives the the easier it is to make mistakes. same person who manages the trust documents digitally and stores them on Probably like most, our office accounts. If we are not balanced, we our file server in PDF format. This has runs with a series of processes and don’t register. Simple. been a huge time and money saver. We checklists designed to ensure nothing are able to extract certain pages of the gets missed. When things do go wrong, fax that we need in the file and transfer we take a look at what happened and …our office is digital. the entire PDF to the client file. why, to determine if the system needs We also can fax right from our tweaking or if we just need to be desktops. It’s no different than sending a little more vigilant about following the Going Digital a document to print: You simply processes we already have. Whatever For the most part, our office is digital. select the fax machine instead of the we decide to do, it is always with the Each desk has a computer, scanner, goal of keeping the process simple. printer and enter the fax number. The and printer and I encourage keeping document is then sent from the fax Trust Accounting as much information in digital form. machine. No jamming and no skipped Some things, however, are easier to do Now I’m going to toot The Society pages and the fax is crystal clear on the on paper. For example, I have an easier of Notary Public’s horn. I am receiving end. I would highly recommend time reading and highlighting a paper a dedicated NotaryOffice user, the any office that is still printing every fax contract than a contract on the screen. software designed and sold by The to go digital. That is one of the most Therefore, I print contracts I am going Society. I started my business using efficient processes in our office. to review. In other words, I don’t NotaryOffice’s ProSuite and ProTrust sacrifice accuracy just to be digital. Our file server is backed up twice and have no wish to use anything a day to a remote file server offsite else. For me, ProTrust makes trust Each client file has its own folder on and I further back it up manually to an accounting simple. The integration of our file server and all client material gets external hard drive once a month. We the trust module and the conveyancing digitally stored in that client’s respective also store the paper files for a period module is fantastic. I can create file. We store everything from contracts of time as another backup before they documents, register documents, and mortgage instructions to EFS docs are shredded. receive and pay-out monies—all within the client folder. By trying to keep our processes and within the client’s file. That is a huge At the end, when we close the systems simple, we are able to keep files advantage for keeping things simple client’s paper file, which is often 50 to in good order, which cuts down on the and organized. 75 pages thick, we scan it and store chances of making an error. s Another simple way we reduce it. A great benefit is that when a client Daniel Boisvert is a Notary Public errors is having only one person in calls 6 months later to ask for a copy practising in Delta, BC. our office manage the trust accounts. of his or her statement of adjustments, Only one person enters deposits in the I can have it on my screen in about [email protected] system and only one person creates 30 seconds, extract the statement of www.deltanotary.ca
22 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 feature
Baljit Siekham
Hidden Treasure Jorge Posada of PeopleShots Photography of PeopleShots Posada Jorge Credit: Photo
veryday stuff can How many of us work hard to and office. In my experience, once the bring in much-needed cash to sustain physical shedding starts, so does the sabotage us. our businesses, then proceed to lose it emotional and mental shedding. inside our offices? Can any business or One of my clients, a male The work of organizing a space E individual afford to throw away money? begins on a physical level and ends businessowner, had not opened his mail from as far back as 2007. He That chap also paid more money with an inner shift of finding ways to found it too mundane to deal with in taxes because not all his expenses do the same things more easily…and the admin side of things and allowed were claimed; many of those unopened going from overwhelm to working more paper to stack up and get out of hand. envelopes contained receipts. efficiently. The bigger the stacks became, the For years, he had wanted to grow The greatest reward for what I do more he avoided them because he got his business but his refusal to deal is seeing a person rejuvenated and overwhelmed at the thought of having with his paperwork had held him back. renewed. Nothing beats the smile, to deal with each piece by himself. How could he grow? He didn’t even the sigh of relief, the handshake, and There were stacks of mail all over know how his business was doing. a hug for a job all done. I love it! s his office. Some were visible and Baljit (Val) Siekham is founder and some were not. It took over 3 hours to locate, open, and sort just that portion Too much stuff causes president of Alchemy Organizing, a professional organizing firm that works of his paperwork. The mail contained mental overwhelm and uncashed and stale-dated cheques. with businesses to shed what is holding In fact, 9 out of 10 of my clients have a constant feeling of not them back from greater growth and profit found cash or uncashed cheques having enough time. by creating efficient time, space, paper, among the items we have gone though. resource, and money-saving techniques. To invite new experiences into our www.alchemyorganizing.com lives, we must make room for them. The job of a professional organizer is to clear away the stuff and help clients understand what it is about their stuff that is causing them pain and preventing them from moving forward, professionally and personally. Too much stuff causes mental overwhelm and a constant feeling of not having enough time. If you want to have a healthy and happy relationship with yourself and others, start shedding stuff from the past. Look at what you have hiding in the Before: Chaos, confusion, and loss little unseen corners of your home After: Clarity, focus, and profit
Volume 19 Number 2 Summer 2010 The Scrivener 23 feature
Michael Kravetz
*
Riding the Dragon’s Tail: Getting Your Office Organized
bout 6 years ago, I was colleagues. But having been there, With the help of my outsource and now with a totally different office individuals, a BF sheet was custom- becoming tired of “riding operating system, I will never go back designed for my Notary practice. to my old system. Athe dragon’s tail.” • 1 for sale files Simply put, I was tired of my • 1 for purchase and/or refinance office having control of me instead Working long hours to files of the other way around. Working long keep up with volumes of files • 1 for Will files hours to keep up with volumes of files was diminishing was diminishing the quality of my life. The most detailed is the Purchase/ So many times I would walk into the quality of my life. Refinance BF sheet. my office and see 15 to 20 files on my The top-third of the sheet is set up desk and wondering where to start my Our BF System like a checklist that includes the day or how to properly prioritize those following. files. In addition, I would look at the I decided to bring in outside desks of my staff and worry we would help to put in place some time- • The date the client was contacted not be able to manage and process the management and file control systems • Date the title and tax searches numerous files. within my office. My outsourcing came from a retired banker from one of the were done For many years, my senior big-five banks. That particular bank conveyancer controlled the opening • Dates for strata form F ordered manages its files with a BF system, and when actually received of the files and the ordering of all which means “bring forward.” relevant information, then ran the • Date mortgage instructions The system is in two parts. file and saw it completed. She would received also delegate the work to my junior/ • First, the BF sheet, 8.5" by intermediate conveyancer. 14" to accommodate legal-size • When documents were sent to Most notarial practices that do folders, is stapled to the outside vendor’s Notary/solicitor and when a substantial amount of conveyancing front of the folder. returned allow their senior conveyancers to • Second, the BF file cabinets are • Date for client appointment take control of their files from start to set up. I have four in my office. • Other pertinent information finish; it becomes their personal file, The contents of the cabinets date- almost like a mother with a child. In prioritize every current working The top portion of the BF sheet the world of conveyancing, that seems file in the office, no matter what is the most critical because it allows to be the norm. stage they are. Completed and the Notary to see at a glance the stage Although that does work, I do closed files are kept in other of the file. In addition, if one of the not believe it is efficient. I say that cabinets ready for scanning, staff members is away, another staff
at the risk of offending my wonderful which I will discuss later. member can be assigned that file and * ©iStockphoto.com/rabbitteam
24 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 needs to spend only minimal time to for both the file and person working become familiar with it. The bottom on it to perform very efficiently. Since two thirds of the BF sheet is lined, to the restructuring almost 7 years allow for daily notes on the file and ago, neither of my staff has worked Editor’s date—prioritized according to when overtime and they are happier for it. If the file should be worked on next. people are not stressed, they probably Join our growing list of readers The basic premise is “if you are won’t burn out. who receive notification when not working on that file that day, why The Scrivener is posted online, is it on your desk?” I also have had We have been storing files quarterly. designed a file worksheet that goes electronically since the inside the file and works in tandem Visit www.notaries.bc.ca/scrivener with the BF sheet. beginning of 2007. or email That brings us to the BF cabinets. [email protected]. Paperless Storage I have four legal-size filing Once the file is completed, whether cabinets designated for all current files NEXT ISSUE: FALL 2010 it is a real estate file or Will/estate in my office to be filed as follows. planning file, it is filed in cabinets Family Matters 1 – 31 days designated for scanning. That is the Our Fall issue will feature articles start of our paperless storage. As about Wills, Powers of Attorney, That represents each day of the time allows, every file we process is and Estate Planning. month, January to December. Each scanned into a PDF file, named, and day I go to the cabinet that holds all stored by calendar year. All Wills and files for that day and designate the estate planning files are stored in work to my two staff and for myself. a PDF format and filed alphabetically. I assign the work according to what I feel are the priorities. If there are Also, all accounting data, trust, too many files for the workload that and general are scanned and stored day, I may bundle 2 to 4 similar type electronically. We have been storing files—for example STC reports—and files electronically since the beginning spread them out over the whole week. of 2007. I have spoken to many offices That way, they get processed and we that still store hundreds of boxes Rick Evans and Peter Ramsay of files; the storage costs are ongoing don’t get backlogged. BC Notary Rick Evans (l) and and constant. Any new real estate files are lawyer Peter Ramsay, QC, both generally started 1 month prior to Our main server has 2 one- of Nanaimo, were members of the closing. We don’t always have the terabyte drives. The server receives British Columbia Law Institute’s luxury of a 1-month lead time, but this all data into Drive A, then Drive B recent Succession Law Reform BF system allows us to deal with faster mirrors all data on Drive A. That server Project. Peter chaired the project. closing dates and keeps the office stays in the office. In addition, I have They will discuss this process streamlined. two portable backup drives that are in the Cover Story interview of powered only by USB cables with the In addition, it monitors staff the Fall Scrivener. main server. I rotate the backup drives efficiency and the Notary’s efficiency. daily so I have a complete daily backup The Mix section always showcases It’s okay to have days where you don’t of my entire office, stored off-premises. interesting and timely articles. make as much progress as hoped, but the system allows for reprioritization In the worst-case scenario, if my and getting back on track. office burned, I would be missing To send us photographs, please . . . Further, it maximizes efficiency; only 1 day of working office-data. • go to www.graffiki.ca, and the file is touched as few times as With the 2 office drives and 2 backup • click on "Send A File." possible. drives, I have four complete copies From the top box, delete the words "Your of my entire office, going back to e-mail." In that now-empty box, type your To summarize, this BF system gives January 2007. email address. an office continuity and standardization Within another 4 years, I will have Send up to 5 photos at once. for processing all files in the office. Repeat as necessary. The office takes ownership of the complete paperless storage . . . and files versus an individual trying to more time for golf. Advertising Deadline: September 10 keep possession. I understand that Michael Kravetz is a Notary practising [email protected] everyone works a little differently, but in Langley, BC. 604 985-9250 the steps required to complete the www.notaries.bc.ca/scrivener file don’t change. This system allows [email protected]
Volume 19 Number 2 Summer 2010 The Scrivener 25 COVER STORY
BC Notaries Alex Ning, Michael Kravetz, Brenda Balogh Artful Organization and Management
his interview took place THE SCRIVENER: Michael? ALEX: Exactly 27 years ago plus 2 days, on June 7. in the office of BC Notary MICHAEL: I was commissioned in 1989, but I’ve been around The THE SCRIVENER: Congratulations! Brenda Balogh. Through Society since 1983. At that time, there T ALEX: Thank you. June 7 is also my was specific allocation of Notary Seals the large windows of the heritage wife Lucinda’s birthday! per geographical Notarial District. building at Homer and Davie, we THE SCRIVENER: Happy Birthday While I was waiting for a Langley Lucinda! What was your career could watch the bustle on the Seal to become available, I worked experience before you became a Notary? street in popular Yaletown. with my father in his Notary practice so I had a 6-year apprenticeship ALEX: I was a real estate salesperson, THE SCRIVENER: Let’s establish some before receiving my designation as an appraiser, and a real estate and background information. Brenda, how a BC Notary. insurance agency owner. long have you been a Notary? THE SCRIVENER: Some of our BRENDA: I was commissioned in May Life takes readers may not know that one 2007 and mentored for a year with of the requisites for qualifying as Notary Doug Parton over in Kits. many different paths. a BC Notary student is at least 5 years of related work experience. THE SCRIVENER: Please tell us about My initial plan was to go to law your career experience before you Brenda, it seems to me that a Notary school. I wanted to attend SFU but became a Notary. must be super-organized. school credits were not transferable BRENDA: My strong real estate to UBC then, so I went to UBC and BRENDA: You have to be organized and background has helped me ended up in an undergrad program that detail-oriented. My biggest challenge tremendously in dealing with my I really didn’t like. I had an opportunity is having control over my time. Often, clientele and with Realtors and brokers. to go in with my father and take the Notaries are waiting for instructions I have done everything but actually sell Notary preparatory Course . . . and here for properties and documents and for real estate! I was a mortgage broker, I am. Life takes many different paths. the client to call back. We might get a residential appraiser, a lender, an instructions at the last minute or have underwriter, and a bank manager. THE SCRIVENER: It does, indeed. Alex, several real estate deals arrive at the Being a Notary is definitely the most you practise in Richmond. When did same time. To handle all the business challenging job I’ve ever done. you become a BC Notary? coming in, we must be able to adapt.
26 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 BRENDA: My location really helps with walk-ins and I want to be accessible. Clients who walk in and get good service may come back next month for a conveyance or a Will. If people don’t have an appointment, they usually don’t mind waiting. Sometimes we ask them to come back in half an hour and mostly, they are amenable to that. I live here in Yaletown, too, which means I’m available some evenings and weekends.
Most people in business appreciate that time is valuable.
THE SCRIVENER: Alex, do you have At the top of Mount Seymour, getting ready Another beautiful day, boarding drop-in clients? to ride down a double-black-diamond trail. at Blackcomb Ouch! ALEX: I don’t. My office is on the We must keep everything organized so second floor of a commercial strata- fairly accessible. Outside my office we can find documents and resources type building. I don’t have a big sign is a sandwich board that says “By quickly. I have control of my files but out front that says “Notary Public”; appointment only.” Most people in I cannot control when the bank will I have a discreet sign on the letterbox. business appreciate that time is send the instructions. I appreciate that at the beginning, valuable. If you make a quick phone when you’re trying to establish your call to book an appointment, you’re MICHAEL: A number of years ago I was practice, you can run it like a Mexican not kept waiting. When someone tired of the way that the business motel—you take everybody that wants arrives on a walk-in basis, that and time were controlling me so to come. person might end up waiting 30 I instigated systems to manage the minutes. It’s absolutely imperative to processes better. Now I am more LAUGHTER have good front-end staff to greet the efficient with all my files. [Please see That’s what Notaries, by their nature, client and stick-handle the situation. Michael’s article on page 24.] tend to do. I find it’s okay to say No to business on occasion. THE SCRIVENER: Brenda, we can see MICHAEL: I’m in between the two. your office entry door from here. I agree that when you’re first starting, THE SCRIVENER: Part of being People without appointments can you tend to take all the business organized is being able to manage walk right in. How do you handle that? that comes in. Notaries should be your clients.
This flight leaves in 1 hour . . . After-work stress management
Volume 19 Number 2 Summer 2010 The Scrivener 27 ALEX: My desk is not as clean as and confined space, everybody has to this, but almost. I have 1000 square work well together in harmony. That’s feet and am just building another very, very important. 1000 square feet downstairs. I have My veteran staff person, who 3 permanent full-time staff and has 25-years in the business, simply 1 outside bookkeeper/accountant. loves our BF system. Our strong and THE SCRIVENER: What are you going to efficient team has been working do with the extra 1000 square feet? together since 2004. The income MICHAEL: Put in a bowling alley! stream is better than it’s ever been and I’ve more time off than I have LAUGHTER ever had in my life. For the first time, I have balance with absolutely Lucinda and Alex Ning If you’ve not working on everything . . . my office, my staff— God love ‘em—I have two of the that file that day, why is it BRENDA: It’s also important to manage greatest staff; my children; my mom; referral sources. I do seminars now to on your desk? my personal life. Everything is very new Realtors and broker firms, to deal much in balance. with their expectations. I explain the THE SCRIVENER: What experiences BRENDA: I’ve learned to manage my process of what BC Notaries do, so have you had as you worked to clients’ expectations. I communicate there’s less miscommunication later. become more organized? what is expected, what is needed, and ALEX: I give my referral sources ALEX: I’ve had to educate my clients. when we’re going to be ready to meet preferred service. For example, when they found I was again to sign the papers. more available after 6 pm, they would MICHAEL: One of the key things is to THE SCRIVENER: What part does drop in then, but that is my time to do give clients sufficient time, especially technology play in your practice? the work that requires concentration. first-time buyers. When our clients BRENDA: I constantly embrace are happy, we’ve done what we’re THE SCRIVENER: Do you live where you new technology. I use NotaryOffice supposed to do. work? software and Telus Assyst to help THE SCRIVENER: Here in Brenda’s ALEX: Define “living.” If you define speed things up. office, we see a clear desk and closed living as 12 hours or more in the MICHAEL: I recently added a new cabinet doors. space, yes, I live there. Some clients phone system with assigned voicemail figured that I had more time to talk for each staff member. That has made BRENDA: I don’t like clutter. The after 6 but that’s when I do all the cabinets contain some supplies and a huge difference in the amount of research and take care of the things time we save by not having to take my conveyancing files in progress. that require quiet thinking. I had to When files are completed, I scan messages. Many times, after a 2-hour start locking the downstairs door. appointment, I’ll have maybe five phone them. In that format, files are so Now they have learned to make an much easier to access and forward. messages blinking at me. If I have 15 appointment to see me during my minutes before my next appointment, THE SCRIVENER: How many square regular office hours. Otherwise, my I blast through the messages and feet do you have here and how many life would revolve around serving the prioritize them. I can tell who needs to staff members? clients, which is fine but after a while, be called back right away and which it gets exhausting, as Michael said. BRENDA: This space is 288 square calls I can return later in the day. I have feet. Shelley started with me in MICHAEL: One of my biggest career all the other technology, including March. challenges came when I restructured scanning and paperless storage. In fact, my office 7 years ago. I was working I’m now in my 4th year of paperless THE SCRIVENER: Michael, what size to get the staff to buy-into the new is your Notary office? office system I was putting in. A staff MICHAEL: It’s 800 square feet. I have member who had been with the two full-time staff and a separate company for 17 years was used to accounting station that we all use working a certain way and simply for trust accounting. could not see that the new system was going to be beneficial—not only THE SCRIVENER: Do you have a clean- for her but for the office in general. desk approach? The situation became very difficult. MICHAEL: I do. Absolutely. If you’ve The staff member eventually ended not working on that file that day, why up leaving me. When you’re running is it on your desk? a smaller office and working in a close A Fun Couple!
28 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 BRENDA: Downhill mountain biking ALEX: If you want your working life It’s really helpful to share is my number one. I did a 3-hour and your personal life to have some information and listen downhill double-black-diamond ride kind of balance, you can’t be all on Mount Seymour on Saturday and things to all people. If a person to other people and get have the scars and bruises to prove it! says, “I can only ever see you on advice about what they’re If you want to forget about everything, weekends because I have to take my doing and be willing try riding a downhill mountain bike. kid to school, I have to look after my You have to be totally focused on dog”—whatever—that’s the client you to change and adapt. what you’re doing or you can really shouldn’t take on, because coming hurt yourself. I wear full armour, a full back to the office on Sunday is going storage. In 3 more years, I’ll have no face-shield, and a helmet. to break your balance. It’s stressful to more hard copies of any files stored feel you are not in control. in my house. I know Alex spends If you want to forget about BRENDA: A client called me last quite a bit of money—up to $500 Saturday when I was about to go a month—on storage. That’s 5 grand everything, try riding mountain biking. I referred him to a year. That’s a vacation. That’s my a downhill mountain bike. another Notary whose office is open golf for a year, Alex. Saturdays. The client was happy and my fellow Notary was pleased to have ALEX: Who has time for golf? THE SCRIVENER: I’m glad to hear the business. MICHAEL: Twice a week. that! Do you enjoy any less dangerous sports? MICHAEL: Here’s a hint for professionals. ALEX: I must read Michael’s article! Most of us haven’t been trained in how BRENDA: Tennis is number 2, and to run a business; it can take years to LAUGHTER snowboarding is number 3, then golf, learn those special skills and abilities. rollerblading, and squash. For the Bringing in an outside resource to assist THE SCRIVENER: Alex, what technology past few years, I haven’t had as much with a specific problem can help you in do you use in your Notary office? free time. Since Shelley joined me, your organization. That’s what I finally I haven’t been working weekends! ALEX: We have three scanners. The admitted. The toughest thing for main one is a brand new photocopier THE SCRIVENER: Do you work a businessowner to acknowledge is that with tremendous scanning facility. It weekends, Alex? he or she needs a little bit of help. Once scans right into the PC, to the direct you have that tool in your toolbox, you ALEX: Unfortunately, yes. I really don’t email program. We use it a lot. And can use it to your advantage in future. within weeks, I expect we will be have any current hobbies. I have e-filing our conveyancing documents. done various activities at different BRENDA: There are so many times of my life, from flying airplanes consultants who say “I can do this THE SCRIVENER: Michael, I understand to competitive shooting. I was the for you. I can do that for you.” It’s you have a black belt in martial arts. Alberta provincial shooting champion. challenging to know whom to choose. Now, working is my hobby. I have my MICHAEL: Yes. I’m working on my third- MICHAEL: I could do that job on a full- notarial practice, my immigration degree black belt in Tae Kwan Do. time basis. But I like being in my tribunal advocacy practice, and my office and I like where I am in my life. THE SCRIVENER: In your business life, mediation practice. So considering you are organized with a strong focus, the three of them—depending on THE SCRIVENER: I agree that you could yet in your off hours, you engage in which perspective you take—the other help people get organized. a highly demanding sport rather than two are my hobbies. one where you can relax. MICHAEL: I could, but that would LAUGHTER interfere with my golf! MICHAEL: Martial arts is a passion THE SCRIVENER: Brenda, you mentioned of mine. I am certified as a provincial LAUGHTER s it’s important to be adaptable. referee at tournaments and I also help Michael Kravetz teach young students. Tae Kwan Do BRENDA: Yes. I am always looking Voice: 604 530-2147 allows me to keep my concentration up forward and I keep an open mind. and my blood pressure down; I utilize It’s really helpful to share information [email protected] that training in a lot of other activities— and listen to other people and get Brenda Balogh including golf, another big passion! advice about what they’re doing and Voice: 604 685-1544 I’m an avid student of the game. In be willing to change and adapt. There all aspects of my life, my martial arts always will be something more you [email protected] training is very, very helpful. can do to improve. Alex Ning THE SCRIVENER: What are your THE SCRIVENER: What advice do you Voice: 604 270-8384 hobbies, Brenda? offer, Alex? [email protected]
Volume 19 Number 2 Summer 2010 The Scrivener 29 STG_Scrivener10_09 10/19/09 3:23 PM Page 1
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Derek Smoluk BC Notaries’ Spring Conference 2010
he theme for the 2010 Spring Conference • Risk Management issues by The Society’s own was “BC Notaries: In A New Decade.” Wayne Braid and General Counsel Todd McKendrick TAnd a wonderful beginning to the New Decade it was; a record 251 members came out to attend this annual education event. Sunday morning featured Wayne Braid a seminar on Buying and Todd The conference at the Westin Wall Centre in Richmond Selling Small Businesses McKendrick began Saturday, April 10, with Society Directors enjoying an by Geoffrey Sherrott early breakfast with members. of Edwards, Kenney & Following breakfast, members attended the morning sessions. Bray, LLP, and Fred Tang of BDO Dunwoody LLP. • Implementation of the HST, by Tax Professional Carl Beck of Beck and Geoffrey Associates In the afternoon, members Sherrott Fred Tang were given an overview • Future of Condo of the new Wills, Estates and Pre‑Sales, by Succession Act by Nanaimo lawyers Bryan Notary and former Society Carl Beck Baynham and President Rick Evans, and Wes McMillan lawyer and law professor of Harper Grey Bryan Wes Peter Ramsay. LLP Baynham McMillan Rick Evans Peter Ramsay • LTO Issues Answered Using the LTO Practice Manual, by former BC Land Titles The education weekend was wrapped up by Registrar Ian Smith lawyer Trevor Todd, a premier estate litigator in British Columbia, with his presentation After a networking lunch catered by the hotel, of “Dysfunctional Families, Tasteless Jokes, Ian Smith members attended afternoon sessions. and War Stories.”
• Building a Client-Centred Trevor Todd Notary Practice, by Law A big thank you Society Practice Advisor and to everyone from staff lawyer David Bilinsky The Society Office • A discussion on how BC whose hard work Notaries can upgrade their and planning once David again made for an Bilinsky credentials at Simon Fraser University, by Dr. Rob Gordon Rob Gordon interesting and well- Staff members Rebecca Magallanes, organized event. Maria Olaguera, and Amber Rooke
• A panel All in all, the weekend was a huge success at a great new discussion hotel on a gorgeous sunny Spring weekend in Richmond. s of best-practice Kamloops Notary Derek Smoluk is Chair of the standards by Education Committee of The Society of Notaries Joan Letendre, Public of BC. Greg Litwin, and Tiah Joan Letendre Greg Litwin Tiah Workman Workman [email protected]
Volume 19 Number 2 Summer 2010 The Scrivener 31 Dr. Rob Gordon Mary Elston, Norm Witt, Trish Fedewich, Prit Narwal, Jagdish Singh, and Del Virk and Dr. John Whatley of SFU and Leona Bailey
Nazirah Premji and Jitendra Deshai Chad Kwon and Alex Ning Staff Notary Marny Morin and Executive Director Wayne Braid
Jim Farley and his wife Deborah Beverley and Bill Binfet Kate Greening and Glory Ewen
Nancy Schick Skinner Filip de Sagher, Hilde Deprez, Rhoda Witherly, Maureen Friesen, and Tim Janzen and Natalya Belova and Tammy Morin-Nakashima
Lorraine Wait, Nick Aubin, Gurdeep Sidhu, El Fedewich and Daniel Campbell David Young and Garry Gracey Jane Capwell, and Cori Liu
32 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Bev Bach and Marg Rankin Stephen Pellizzari, Fraser McKinnon, Stephen Chong, Vanessa Le, and Steven Le Janice Grunert, and Fereidoon Demetri
Mr. Gupta and Prit Narwahl Gail McDonald and Amin Savji Debra Van Beers, Wendy Fuller, and Cherry Inglis
David Watts, Brenda Petrie, Hilda Cheung, Portia Tam, Jagdish Singh, Mariana Troeva-Katova, Aurel-Alexandru and Marco Castro and Mario Cipriano Miat, and Tammy Morin-Nakashima
Saria Kahn, Kam Brar, and Naib Brar Lu Hong, Wendy Shum, Shinil Park, Candida Dias and Ron Kostiuk and Chad Kwon
Leanne Rebantad, Joanne Johnson, Doug Franks, Maureen Friesen, Daniel Boisvert and Inna Yevpak and Margot Rutherford Jackie Kinsey, and Donna Van Beek
Volume 19 Number 2 Summer 2010 The Scrivener 33 BC notaries
Congratulations, BC Notary Class of 2010!
r. Justice Cole officiated Master of Ceremonies was The Also enjoying the event were Society’s Secretary and Executive Dr. Rob Gordon of SFU; Legal Counsel when our new BC Director Wayne Braid. Many members Todd McKendrick and Quang Duong Notaries received of The Society’s Board of Directors from Macaulay McColl; Erika Riedel, M attended, including President Susan attending on behalf of Bernard Hoeter, their commissions on May 6 Davis; 1st Vice President John longtime Secretary of The Society; at the Vancouver Court House. Eastwood; Immediate Past President former Society Secretary Stan Nicol; Ken Sherk; Trish Fedewich; Akash Don de Jersey of BDO Dunwoody; The new Notaries represented Sablok; Tammy Morin; Joan Letendre; LTSA’s Liza Aboud; UBC Professor Leta Best; and Michael Kravetz. a vast range of nationalities and Emeritus and former Notary Course Staff members in attendance Examiner Bob Reid; instructors backgrounds. The Installation included Rebecca Magallanes, Marilyn Tony Wilson, Peter Ramsay, QC, Luncheon followed, at the Taylor, Amber Rooke, Maria Olaguera, and Notary Laurie Salvador; and Staff Notary Marny Morin, and REIBC President Peter Remillong and Terminal City Club. Denise Hinton of ProSuite Software. Executive Director Brenda Southam.
15 13 * 12 14 10 9 6 7 8 11 1 1. Sandra Hamilton-Mah 2. Carmen Wheatley 3. Marnie Premont 2 3 5 4 4. Nilpar Honarvar 5. Irina Bartnik 6. Michelle Song 7. Shelly Spicer 8. Susan Bashiri 9. Hassan El Masri 10. Amarjit Kler 11. Rajeev Kapur 12. Patrick Kelly *Inset: Shawna Farmer 13. Rajinder Soni 14. Martyn Westerman 15. Igor Chebunin
34 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 BC notaries Services a BC Notary Can Provide
• Affidavits for All Documents required at a Public Registry within BC Award • Authorization of Minor Child Travel • Business Purchase/Sale • Certified True Copies of Documents Winners • Commercial Leases & Assignment of Leases 2010 • Contracts and Agreements • Easements & Rights of Way BDO Dunwoody Award • Estate Planning For the most consistent performance • Execution/Authentications of International in all aspects of the Notary Preparatory Course and Examinations Documents • Health Care Declarations Presenter: Don de Jersey • Insurance Loss Declarations Winner: Patrick Kelly • Letters of Invitation for Foreign Travel • Manufactured Home Transfers • Marine Bills of Sale and Mortgages • Marine Protestations • Mortgage Refinancing Documentation • Notarizations/Attestations of Signatures • Passport Application Documentation • Personal Property Security Agreements • Powers of Attorney Simon Fraser University Award for the • Proof of Identity for Travel Purposes Master of Arts in Applied Legal Studies • Purchaser’s Side of Foreclosures For the highest mark on the Conveyance Practice Examination • Representation Agreements Robert Reid Award • Residential & Commercial Real Estate Presenter: Dr. Rob Gordon For the highest mark on the Property Transfers Winner: Marnie Premont Examination • Restrictive Covenants and Builder’s Liens Presenter: Bob Reid • Statutory Declarations Winner: Marnie Premont • Subdivisions and Statutory Building Schemes • Wills Preparation • Wills Searches • Zoning Applications Some BC Notaries provide these services. • Marriage Licences • Mediation • Real Estate Disclosure Statements Over 300 Notaries to Serve You! Stanley J. Nicol Award Bernard W. Hoeter Award For the highest mark on the Notarial For the highest marks on the Notarial For the BC Notary office Procedures Examination Statutory Examinations nearest you, Presenter: Stan Nicol Presenter: Erika Riedel for Dr. Hoeter please call 1-800-663-0343 Winner: Marnie Premont Winner: Marnie Premont or visit www.notaries.bc.ca.
Volume 19 Number 2 Summer 2010 The Scrivener 35 BC notaries
Marnie Premont
A New Tradition in Educational Excellence: The Class of 2010
harles Darwin said, “It is what we were . . . for what we could The Society served as a beacon, become. And today we have become committed to improving the not the strongest of the members of the “Trusted Tradition profession’s standing and responding species that survives, nor of BC Notaries.” in a progressive manner to the needs C of the public. Notarial practice is Our venture involved many the most intelligent; it is the evolving in light of the interprovincial challenges, including academic trade agreement—TILMA, new one that is the most adaptable assignments, practical and mediation technology, and an aging yet more training, articling, and of course . . . to change.” sophisticated client base. Moving the gloomy months of final exam forward, we feel confident that our On behalf of the 2010 cohort, preparation. Our class weathered training has equipped us with the I am privileged to share our experience the storms together, relying on each skills and competencies necessary as the inaugural graduating class other for strength, support, and to address the shifting landscape. of the BC Notaries’ new Master’s encouragement. Strong alliances have degree program. resulted in friendships that are certain Although we are the first in a new to stand the test of time. tradition of educational excellence, Our journey through the revised we acknowledge and appreciate those curriculum required us to fine-tune the who have gone before us, setting the essential survival skill of adaptation. Success can be measured standards of integrity, diligence, and Unlike participants in previous by the challenges you have respect that today we have sworn to voyages, our class is unique. I would overcome while trying to uphold. like to congratulate my fellow We are also grateful to many classmates . . . you can be first only succeed, and that is very others for their contribution to our once and we are the first to conquer true of our passage. victory. Simon Fraser University’s Master of Arts in Applied Legal Studies. First and foremost, to our families! Early forecasts regarding the Thank you for your patience, tolerance, Success can be measured by the time and energy required to complete and faith that eventually we would challenges you have overcome while the various assignments were return from the unknown. trying to succeed, and that is very true underestimated. We managed, however, of our passage. to adjust our sails and stay the course. To Dr. Robert Gordon and his staff at SFU, who worked tirelessly Setting off on our trek in the As expected with any new in collaboration with The Society to Fall of 2008, our class was a mosaic adventure, the map to our destination choreograph the expedition. of strangers with varying backgrounds was not always clear, but with the and professions. Excited to embark assistance and flexibility of both The To our educators Neil Boyd, on the venture, we were apprehensive Society and SFU, we prevailed and, in David McAllister, Graham Bowbrick, to be the first explorers, but were doing so, helped chart the path for the Peter Ramsay, Tony Wilson, Todd prepared to temporarily sacrifice next round of travellers. McKendrick, and the formidable
36 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 George Cadman. We will continue to break out into a cold sweat whenever BC notaries we think of George. To John Whatley, who was not only our technical guide, he served as unofficial liaison between the students and SFU. To the Membership and Credentials Committee of The Society who gave the initial green light for us to embark on our quest. To our inspiring mentors whose enthusiasm and encouragement prevented us from jumping ship early. Our Grads’ Convocation To the practical training instructors Laurie Salvador, Catherine Luke, Joan Letendre, Mary-Jane Wilson, at Simon Fraser University Trevor Todd, Trish Fedewich, Akash Sablok, Daniel Boisvert, Denise Hinton, Arthur Docherty, Barry Piersdorff, and Minnie Loo. The final skills we gained crowning moment from you will help ground us for the for most university next phase of our travels. graduates is the stroll To Carrie Gallant, who provided A mediation training at the onset of our across the convocation stage journey. to shake hands with the To our final jurors George Cadman and Rick Evans, who each managed to Chancellor and collect their decode our stressed-out handwriting degree parchments, part of an and mark almost 60 statutory exams On the way to Convocation in 10 days. important achievement that A special thank you to Marny launches a career and creates Morin who piloted us by acting as an new opportunities. educator, program facilitator, and iron- hand disciplinarian. We know you have Convocation is invariably a grand a tough job, Marny, and we appreciate and colourful occasion rendered all the your efforts. grander when the degree program is breaking new ground—when it is truly And finally, to the captain, Wayne a “first,” not only with respect to content Braid, and his devoted crew at The but also the mode of delivery. Society. Wayne sets the standard for professionalism and leadership. The Online and blended-learning fact that we’re all still a little scared Look closely for some of our smiling grads. degree programs at the professional of him simply means he’s the right graduate level, like the MA in Applied man for the job. Legal Studies, are still relatively new Today we are proud to become but are clearly the way of the future members of the honourable in a number of areas. The faculty and community of BC Notaries. We are staff involved with the new MAALS committed to safeguarding the ancient program have been impressed by the traditions of the profession while, at abilities, and the resolve, of the first the same time, adapting to meet the wave of students and look forward to challenges of the emerging frontier. s many years of celebration with future graduating cohorts of BC Notaries. s Thanks to my classmate and good friend Dr. Rob Gordon is the Wayne Braid, Executive Director Director of the School Shawna Farmer for her of The Society; Dr. Gordon; Dr. Neil Boyd; invaluable contribution Graeme Bowbrick, QC; Society President of Criminology in writing this address. Susan Davis at Simon Fraser University.
Volume 19 Number 2 Summer 2010 The Scrivener 37 BC notaries
Profile of a BC Notary: DANIEL BOISVERT Wonderful Family. Wonderful Life!
The Family at Play in the Park orn on September 23, Growing up, I was never sure what And, yes, part of the training was I wanted to be. The only thing I knew learning to recite the Benndorf jingle 1972, in New Westminster, for sure was that I enjoyed interacting . . . you’ve got your B, you’ve got your BC, I have lived in the with people and knew I could not e–n–n . . . I sold copiers and fax B work in an environment that had little machines for 4 years. village of Ladner in South human contact. That’s where I learned how to Delta almost my entire life. communicate with others. I realized I have 1 brother and 3 sisters. I could not work in an that to be successful in a sales environment that had little environment—or in any service I graduated from Delta Secondary environment for that matter, you had in 1991, received a diploma in human contact. to understand that every client has Marketing from the British a unique circumstance. My job was to Columbia Institute of Technology in From a few months shy of my understand what that was, then provide 1994, and went back to school in 14th birthday till I was 18, I was a gas the best solution. I enjoyed my time with 2002 to complete a Commerce degree station cashier from 4 pm to midnight Benndorf but decided after 4 years that with a focus on Entrepreneurship from on Fridays and Saturdays. The work I needed a new challenge. I moved on. Royal Roads University in Victoria. was great and it kept me busy on those I completed the Notary Preparatory I spent the next 4 years in the nights, which made my parents happy. Course with UBC on May 1, 2008, pharmaceutical and surgical supply winning both the Robert Reid Award My first job out of BCIT was industry. It was by far some of the most and the BDO Dunwoody Award. a sales position with Benndorf Verster. interesting work I have ever done. I was
38 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 never a science buff in school but all Two people in my life have been Living and working in a small of a sudden, it seemed very appealing. mentors to me. community, we get to know many To properly execute my job, I had Mr. Gordon McDonald taught of the people. And we are only 40 to spend significant time studying business electives to Grades 11 and 12 minutes from the city. It’s a great mix anatomy and physiology. I worked with at my school. Mr. McDonald was the of rural and urban living. surgeons, primarily ophthalmologists, first teacher to really give me a sense Tsawwassen is restricted in growth serving as an adjunct to their practice. of direction. He assisted me in Grade because we are surrounded by ocean I was a specialist in making sure the 12 with a market research project for and farmland in the Agricultural Land doctors were well informed on how the a local business and helped make sure Reserve. I see the community staying products I represented were going to I got the most out of the project—and much as it is for the next decade. That work with their patients. I really enjoyed that I had fun along the way. is what most people in the area want. being a resource and knowing the My other mentor is Notary John I will have a boutique practice for the doctors were relying on me to provide Eastwood. From the moment I told him foreseeable future. timely and accurate information. I was going to apply to become a Notary I am an avid curler in Winter and At that point, I had begun my in the district of Delta, he supported I play a little golf in the Summer. Commerce degree and decided to me. John gave me as much time as My favourite charity is the BC move into the finance industry. I took I needed and always made me welcome Children’s Hospital. While working in a position as a broker/advisor with the in his office. He assisted me to learn the medical field, I spent some time financial planning arm of CIBC. Once the practical side of being a Notary in the operating rooms at Children’s again, I was in a job that required me and helped me transition from a Notary Hospital. I saw firsthand the kind of to upgrade my knowledge in several student to a practising BC Notary. care children receive and it touched areas. I completed three programs for He is a man of great integrity and me deeply. Thankfully, my children my broker licensing and earned the equally as kind. Thank you, John. have not been admitted there but Certified Financial Planner designation. I know many parents whose children It was at that time that the Notary have. Our children deserve this type seed was planted and began to grow. All in all, I am at a point in of specialized care facility. We must As I was finishing my Commerce my life where I can’t imagine do what we can to maintain its world- degree, the entrepreneurial aspect being happier, either at class services. [Please see the article of my education was starting to rise on page 54.] to the surface. I started to explore work or at home. I am truly My family is quite frankly my a career path that would allow me to doing the work I feel inspiration—my children Noah and continue to interact with people on I was meant to do. Abby and my wife Lynn are my biggest a regular basis while being a resource supporters. Lynn completely supported for them and also be in business my decision to become a Notary. for myself. I bumped into Notary My Notary practice is quite small We had just bought our first home John Eastwood at a local business . . . just myself and my assistant and Noah was a newborn. She knew association meeting. We had a chat Lisa. It is located in Tsawwassen, sacrifices would have to be made so about Notary life for half an hour and a community within Delta about 10 I could devote the time required by the my entrepreneurial journey began. minutes’ drive from my Ladner home. Notary program. Lynn made sure I was I received my commission as Ladner and Tsawwassen are separated by a large section of land belonging to able do all the things I needed to do to a BC Notary on the 1st day of May in succeed. 2008. the Agricultural Land Reserve and the Tsawwassen First Nation. The Notary profession requires All in all, I am at a point in my life specialized knowledge. I have always I relish the constant challenges where I can’t imagine being happier, liked learning about things most and the variety of work I do as either at work or at home. I am truly individuals would consider specialized. a BC Notary; I feel I learn something doing the work I feel I was meant Those who need assistance will seek new each week. I look forward to to do. I hope to serve the people of out people with specialized knowledge. getting to work in the morning. South Delta as a BC Notary Public for many years to come. s Being a Notary gave me the BC Notaries offer important chance to have my own business right nonlitigious services that most people in my own community, delivering are not able to do on their own, such a specialized service. as Wills, estate planning, and real Providing the highest level of estate conveyancing. [For the full list, service is the number one focus of my please see page 35.] Our services are practice. Clients are a business’s most very important to the people in our precious resource. Without clients, we communities. I think our Notary model have no business. should be expanded across the country.
Volume 19 Number 2 Summer 2010 The Scrivener 39 N Delightful Delta!
Photo Credit: Picture BC Prepared by the Delta Chamber of Commerce Airport and the US border, Delta is with content from The Corporation of Delta home to the largest terminal in the BC Ferries network at Tsawwassen and he Vancouver suburb of convenient to Vancouver, Whistler, and Delta is home to 100,000 beyond. The regional airport offers daily flights to Victoria. people with an estimated and water transportation systems T and an essential link to destinations average household income throughout the region, the rest of 30 percent higher than the Canada, the US, and the Pacific Rim. Canadian average. Deltaport is on its way to becoming the largest deep-sea container port The sunniest region in the Lower on Canada’s West Coast. The $1 billion, Mainland has a mild climate and 42-kilometre South Fraser Perimeter spectacular coastal location. Twenty Road will add tremendously to Delta’s minutes from Vancouver International ability to respond to Canada’s rapidly expanding global trade demands. It Picture BC Picture Credit: Photo will link ports to the transportation Its industrial heritage of farming infrastructure throughout the Lower and fishing has grown into a model Mainland and join the freeways and of sustainability and cultural diversity highways that already provide excellent with a wide range of businesses interconnectivity for commuters and the and services that include a hospital, movement of goods. libraries, museum and archives, sports Annacis Island industrial park, and recreational facilities, bike and one of the foremost addresses for high walking trails, and waterfront parks technology and manufacturing, provides on the Fraser River, Boundary Bay, superior road and rail access and also and the Strait of Georgia. barge entry via the Fraser River. The Delta is comprised of three thriving more than 500 companies on the communities: Ladner, Tsawwassen, and island employ over 10,000 people. North Delta, each proud of its distinct Delta attracts high-quality character and amenities. People still industrial businesses because of its can find a well-preserved sense of rural competitive land prices, available living. Residents enjoy safe, clean, and serviced industrially zoned land, quiet neighbourhoods. local government that fully supports Ideally situated for commerce, business, and access to a highly
Picture BC Picture Credit: Photo Delta is the hub of road, rail, air, skilled, well-educated labour force. s
40 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 BC notaries
Profile of a BC Notary Joe Quan: Gentleman, Family Man, Entrepreneur Joe and his grandson Jeremy sharing ice cream in Hawaii n November 5, 2009, Joe After I sold Customcolor, I managed Notaries . . . and giving them advice! a parking lot, a barber shop, and Gordon Patterson was dressed as Ochatted with Val Wilson a dry cleaner. I have always been an a train engineer at a BC Notary Fall about his life and times. entrepreneur. Conference at Harrison Hot Springs. His oil can was filled with Scotch! When and why did you become Joe, where were you born and where did a BC Notary? What have you been doing you live and go to school? since you sort of retired? I started in 1968. Notary Gordon I was born in Vancouver and lived Patterson talked me into it. I had no I have been doing property in the Mount Pleasant area—a light idea what a Notary did—“I is one. management, visiting with family industrial district—for first part of Now wot do I do?!” and friends, and cruising. Our 4th my life. I have lived in Quilchena— cruise to Alaska took place recently, Asthma Flats—for the past 47 years. What was the most satisfying and in June 2009. Therefore, I am one of those oddballs enjoyable aspect of your notarial who is a real Vancouverite! I attended career? In what community service are you Simon Fraser School at 16th and currently involved? Past service? Starting George Tanco as a Notary! Manitoba and King Edward High I was a partner with Notary Patterson I am secretary of the Keystone of Life School at 12th and Oak. I earned my back in those days. I decided Foundation, a Masonic Order that BComm degree at UBC. I needed a holiday so I made supplies equipment to small hospitals What career experience did you have arrangements to go to Honolulu for around the province. I have been before you became a BC Notary? a couple of weeks. I asked Patterson involved with the Masons and the to look after the 20 files on my desk Shrine for 40 years as treasurer and I began working in the family owned while I was away. He called me the secretary. specialty fruit and vegetable business day prior to my departure and said he at about 6 years of age. I remember What are your special interests? didn’t think he could handle them. selling corsages to soldiers and sailors I was stuck and we didn’t have roving Hilda and I love to travel to Honolulu outside the Alexandra Ballroom at the Notaries then. to visit our grandchildren and we love corner of Hornby and Robson Streets to cruise and arrange Chinese dinners. when I was 10 years old. I was able to get a para legal to handle the majority of the files while What are your recent achievements? I was involved in transacting real estate I was away. On my return, I told my for the family at a young age and spent I am Grand Treasurer—Bean friend George Tanco that he needed 6 years as a freelance photographer for Counter—Emeritus of the Royal Arch to become a Notary. George and I had The Vancouver Sun newspaper. Masons of BC and Yukon; Secretary been partners in several ventures—we of the Keystone of Life Foundation; I started one of the original have been partners for nearly 50 years! Treasurer of the Red Cross of photo colour labs in Vancouver— What were the most interesting and Constantine; and Treasurer of the Customcolor. I also was involved in humorous moments of your Notary Order of High Priesthood. restaurants—The House of Fortune career? Restaurant in North Vancouver, What is most important to you in life? Snappers in False Creek, and Zachary’s I enjoyed organizing Vancouver Family and keeping in touch with in New Westminster—and five Ding Ho Chapter Dinners and Non-Chapter old friends and remembering their Drive-Inns—the first Chinese drive-ins Dinners, including Christmas birthdays. in Vancouver. I also owned a couple parties at the Pink Pearl and the of bowling alleys—including one that Fraser Flamingo restaurants. I like I want to stay healthy to see the George Tanco managed. keeping in touch with the senior grandchildren grow up. s
Volume 19 Number 2 Summer 2010 The Scrivener 41 BC notaries
In Memory of Joe Quan May 18, 1931, to January 30, 2010 From Notary Esther Chiu “Esther, I have some bad news for you. Joe passed away on Saturday of a massive heart attack and went almost instantly. Hilda was there with Standing, from left: Charles Mow, Joe and Hilda Quan, Eileen Smith, George Tanco, him!” Esther Chiu, Susan Tong. Seated: Erika Riedel and Bernard Hoeter I could hardly believe my ears His famous and popular Non-Chapter Grandison, once a Director of The when George Tanco called me in my Dinners and Hundred Years Birthday Society, and Michael Carr, a Director office that Monday morning, 2 days Dinners at Chong´s on Kingsway and past President of The Society, after the sudden eternal departure of became a tradition for us. come to mind. In 1975, Joe and my good friend Joe Quan. Tears came When Joe knew it was necessary Gordon convinced me to apply to be to my eyes. It was so unexpected! We for him to start kidney dialysis in a Notary Public. At that time it wasn’t had just celebrated Bernard Hoeter’s February 2010, he phoned me. The high on my radar but I did apply and 89th birthday together, with a Chinese 89th birthday dinner for Dr. Hoeter became a Notary Public in 1977. dinner set up by Joe and his lovely was supposed to be the last big I then paid more attention to the wife Hilda at Bernard’s home. Chinese dinner before this “dreadful” Notary aspect of the office. It was very Joe was kind of quiet that evening medical process was to commence. interesting, watching Joe carry out his and insisted on footing the entire food God knows, it was my last dinner with notarial work and interacting with other bill. I didn’t even give him a hug when Joe and the last time I saw him. Notaries. If you met Joe, you would we went our separate ways. I just felt The good part is he does not have not forget him and he would not forget so sad about that. to suffer from dialysis and has eternal you. That could be for better or for Joe and Hilda have been such rest in the bosom of our Lord Jesus worse but he always remembered. Joe wonderful friends to me. They always where there is no pain and no tears or would remember birthdays and special gave me rides to our Non-Chapter Dinners suffering and I have the wonderful hope events, often organizing a dinner or and provided me with information of seeing him again in Heaven. social gathering for such occasions. regarding destinations for my travels. He supported the Notary Chapter From Notary George Tanco When there was a good harvest of movement when Joyce Grandison and their homegrown Asian pears, I was In a span of 50 years as partner and Glory Ewen spearheaded the organization always the first to climb up and pick friend, there are many memories. of the Vancouver East Chapter and the the sweet and juicy fruit. They would My first meeting with Joe was in Vancouver West Chapter. Unfortunately, send me home with a whole box to 1959 when he and a group from the the lack of member support led to the give out to my church friends. Chinese community were developing amalgamation of the two chapters. An a building at Main and Pender streets Joe was kind to all his friends offshoot of this was a group that gathered in Vancouver’s Chinatown that was to and tried to lend a hand whenever socially and to exchange information—the include a bowling alley. At that time, the need arose. He also worked hard Non-Chapter. Joe was the leader of the I was in the bowling business. That to link up everybody into a big family. pack. Dr. Hoeter would often attend for project came to fruition. the fine food and social camaraderie. The Fast-forward from there, Joe and last dinner Joe organized was a Chinese I became partners in various projects. Dinner at the home of Dr. Hoeter. In the ensuing years, we entered I was always amazed at the the real estate field and the insurance relationship between Joe and Dr. Hoeter. field. We were associated with Gordon There seemed to be a special affinity. Patterson, a longtime BC Notary I recall in the time of Dr. Hoeter as Public. He convinced Joe to become Secretary of the Notary Society that if a Notary Public. We then joined with you had the misfortune to come to the Gordon Patterson to form Archer Realty attention of and receive a reprimand Ltd. and The Associated Notaries. Over from Dr. Hoeter, it could be very Joe and Hilda with their beloved the years, in the Notary section, various trying. When Joe received a call from grandchildren: Jeremiah, 7, and Hayley, 3 ½ Notaries worked in the office—Joyce Dr. Hoeter, it would be like a concerned
42 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 father for his wayward son. Both Joe and associates. Every birthday, From Wayne Braid, and Dr. Hoeter would exchange birthday anniversary, and name of an Secretary and Executive greetings and gifts that were specially acquaintance was carried with him Director of The Society thought-up for the occasion. I remember always. Joe’s work with the Vancouver I met Joe at a Notary Joe giving Dr. Hoeter a bottle of Gimlie Chapter kept communications open Conference in the early Goose wine. Some time later, Joe asked and relationships alive. 1990s. He had a great how the wine was. Dr. Hoeter replied, We will miss Joe Quan. sense of humour—you “Not a bad marinade, Joe.” could hear his laugh across a room. From Notary Joe, during his time as a Notary When I became Secretary of The Mary-Ann Public, was always supportive of The Society in 2000, George Tanco invited Mustonen-Hinds Society and its projects. He often would me to a Non-Chapter Dinner. revert to his first love, photography, and Joe was a mentor, “Joe is in charge of ordering; it will take pictures at Society events. a friend, a leader, and be a great Chinese dinner and it will a teacher. And having be fun!” Joe greeted Notaries warmly I know I will miss Joe as many been around the block and guided them to their seats at the others will, whether it’s the gregarious at least twice, he would shrug off table. He delighted in telling us about Joe or the gentle, considerate Joe. If any worry with his resounding belly each dish and its origin. As Joe was you met him or were associated with laughter and a twinkle in his eye. proudly sharing his homemade wine him in some way, you are probably in He was fun to be with and I felt (from a brown paper bag), I asked his special book. proud to be in his company. Chong’s George if the restaurant was okay will never be the same. From Notary Doug Parton, with that. “Yes, of course. It’s Joe!” Past Chair, From Notary Susan Tong Joe truly enjoyed people and told Vancouver Chapter wonderful stories about his career, I miss Joe Quan for his kindness, his trips to Hawaii, and his many Joe’s greatest humour, consideration, and most of adventures. accomplishment all, the great dinner parties at Chong’s. was building strong We will keep gathering at Chong’s and See Joe Quan and George Tanco relationships with will remember Joe each and every time in The Scrivener Cover Story his family, friends, we eat there. Interview: Vol. 9, No. 3, Fall 2000. s
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Volume 19 Number 2 Summer 2010 The Scrivener 43 BC notaries
Gurpreet Singh Minhas A Tribute to My Father
ith great sorrow, brainy students typically did not do He had a court marriage with well in the real world! my mother Narinder Kumari Minhas I announce the on March 11, 1979, and a religious He completed grade school in marriage ceremony on April 15, 1979. W death of my father Jalandhar in 1968, his Bachelor Gurbinder Singh Minhas, of Arts at the DAV College in Jalandhar My father’s first job in Canada was in 1973, and his LLB in Dehradun in as a labourer with BC Rail. Over the Notary Public, on April 15, 2010. 1976, at the age of 23. next 12 years or so, he worked with BC Rail in many parts of northern My family and I would like to British Columbia, in many different thank everyone for their tremendous Success can be measured capacities, from machine helper to support and wishes. My father’s machinist. He mastered over 40 funeral was held on April 24, 2010. by the challenges you have different trades and often worked That day I had a full speech about my overcome while trying to under extreme weather conditions. father prepared, but was unable to succeed, and that is very deliver it in its entirety. I appreciate My father was not satisfied with this opportunity. true of our passage. working for BC Rail. He was a lawyer in India and was not the type of person Gurbinder Singh Minhas was born My father spent his first 6 months who enjoyed working for, or under, on April 24, 1953, in Model Town as a lawyer practising law with my others. He had a growing resolve to Jalandhar, Punjab, India, in the home grandfather, then worked with civil follow a career in the legal field. of the late Sardar Piara Singh Minhas, and income tax lawyers until he a practising Advocate at the time, and immigrated to Prince George, British Around 1984, after many Piara’s wife Daljit Kaur Minhas. Columbia, in February of 1979. I was discussions and deliberation with my mother to weigh the financial During his grade-school years, recently told he was quite adamant situation, the time commitment, my father excelled in his studies; his about coming to Canada to provide and other factors, my father set his teachers commented on his excellent a better life and better opportunities mind on pursuing a BC Notary Seal. educational abilities and memory. for his coming generations. It was a natural fit for him, given his A school teacher told my grandparents background and his interest. that my father was so studious, it was unlikely he would get far in his life;
My father (far right, at the back) and his friends My grandfather, my grandmother, and my My mother and father at their wedding in 1971 in Kashmir, when he was finishing his father with his younger brother (my uncle) in 1979 law degree
44 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Family and friends suggested he become a lawyer, but he preferred to become a Notary Public. He completed the Notary Preparatory Course while working at BC Rail and was commissioned as a Notary Public for Prince George in June of 1989. He started his notarial practice from home on a part-time basis and, in 1991, opened an office and began practising full-time.
While in Prince George, Gurbinder Notary and family man in 2007: Myself, my sister, my mother, my wife, and my father was involved with the local community. He had a habit of helping people until 2002. In June of 2002, he proud of the fact that I followed in his wherever he could. He actively shifted his practice to Surrey, British footsteps to become a third-generation volunteered with the Guru Gobind Columbia. practitioner of legal services. Singh Temple Association and served a few terms as Secretary and Treasurer One of his reasons was to establish My father had a charming of the Association, at the request a larger practice to pave the way for me personality, a welcoming smile, and of the Temple goers. He was called to join him. He became very well known a wonderful sense of humour. He made upon as a Punjabi/English interpreter in a short period of time and earned people feel comfortable, like a member for certain types of court, tribunal, and the respect of many. Over the years, he of his family. He often greeted them mediation matters. served the community with dedication with warm handshakes and hugs. and pride. He always had people’s best He was a trustworthy friend. He was a trusted member of the interests in mind. local community, evidenced by the He encouraged and brought out the fact that many well-known community best in people. He was a brilliant members would call upon him for My father was a great man conversationalist and had an extraordinary general-knowledge base. his advice on a variety of matters— and he will be missed dearly. Notary-related and otherwise. He could, and would, go on and on I remember many late evenings when about various topics! people visited him at home for advice! He practised as a BC Notary I admire my father for many My father had a noncontentious Public until his passing. things: His drive, dedication, nature. One day, during the time My father’s passing has been confidence, strong will, passion, his period when there was conflict a devastating loss to me and mind, his ability to come up with an throughout many of the British I miss him very much, more so answer to every question posed, his Columbia Sikh Temples, my father and perhaps because I had the pleasure never-ending search for knowledge, I were sitting in the upstairs prayer of spending the majority of each and for many other things. hall in the Prince George Sikh Temple. day with him—at home and at the His main philosophy in life, passed Suddenly, violence erupted at the front office—for the past 3 years. He was down to him by my grandfather, was podium area. People were fighting with a wonderful person. Irreplaceable. simply to “be good and do good.” My fists, musical instruments, and other His hobbies included reading, father was a great man and he will be objects. Some onlookers were sitting history, religion, cricket, soccer, and missed dearly. down, devastated by the situation; the poetry, to name a few. He had quite He often said these words to me rest were physically involved—except a gift for poetry. I would be speaking and to many others. If you dwell upon for my father, who went into the to him on some unrelated matter them, as I often do now, you will find middle of the flying fists and objects. and he would deliver a few lines they offer daily encouragement in life, He sat down with his hands of impromptu poetry! no matter how negative the outlook or humbly held together, in the manner He was a fan of Clint Eastwood, the situation: that hands are held in South-East old Western movies, Khushwant Don’t worry . . . Everything will be fine. Asian culture when paying respects Singh’s books, and good food. April Rest well, Dad. Rest well. s or greeting others, and requested has become my favourite month—my calm. Then he stood up between the 1-year-old son Aaryan was born in Gurpreet Minhas is a Notary various antagonists until the situation April, as were my grandfather, my practising in Surrey, BC. subsided. father, and myself. My father always I worked closely with my father referred to my son as Gurmandir, Voice: 604 583-6070 during his years as a Notary in Prince regardless of the number of times [email protected] George. He practised in Prince George I told him otherwise! And he was very www.surreynotary.com
Volume 19 Number 2 Summer 2010 The Scrivener 45 THE NOTARY FOUNDATION of bc
Spotlight on Good Works Legal Office Assistant Program at Camosun College
ach year, the BC Notaries At the Awards Celebration in November 2009 at the and the Notary Foundation Interurban Campus of Camosun of BC present an award to College, LeaAnne Webster, E Chair of the Applied Business student(s) in Camosun College’s Technology Department at the Legal Office Assistant Program Camosun School of Business, and Susan Davis, President to commend academic excellence of The Society of Notaries combined with demonstrated Public of BC, were pleased to present awards to Emily Prowse leadership abilities. and Amy Bourbeau. s From left: LeaAnne Webster, Emily Prowse, Susan Davis, and Amy Bourbeau Get Organized!
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46 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 $38,679,549*
Bu i l d i n g Be t t e r Co m m u n i t i e s , On e Gr a n t a t a Ti m e
The Board of Governors of the Notary Foundation of BC 30 MILLION is comprised of • 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; • 2 Directors-at-Large, appointed by the Attorney General; and 24 MILLION • the Executive Officer. The members from The Society are elected by the Directors of The Society from among their ranks, for a 3-year period. The Current Governors 18 MILLION Ken Sherk: Chair Scott Simpson Leta C. Best Dalminder (Del) Virk Susan Davis Tiah Workman John Eastwood David Moore: Director-at-Large Akash Sablok Wayne Strandlund: Director-at-Large 12 MILLION G. W. (Wayne) Braid, Executive Officer of the Notary Foundation, is responsible for the administration of the office and staff, and the diverse investment funds of the Foundation. The Board of Governors meets quarterly to consider applications 6 MILLION for funding from various organizations and to set policy, review the Foundation’s financial status, and provide direction for the administration of the Foundation. The Governors of the Foundation have the responsibility of guiding the Foundation in its mandate to disperse the funds generated by interest on Notaries’ Trust Accounts.
The funds are used for the following purposes. 1. Legal education 2. Legal research * Adjusted 3. Legal aid 4. Education and Continuing Education for BC Notaries and Funds earned from the Trust applicants who have enrolled to become BC Notaries Accounts of BC Notaries 5. Establishment, operation, and maintainance of law libraries in BC 6. Contributions to the special fund established As of April 30, 2010 under the Notaries Act of BC
Volume 19 Number 2 Summer 2010 The Scrivener 47 LETTERS The MiX
Spring 2010 Volume 19 • Number 1 Kudos for your latest edition. The Legal Resource Centre Published Quarterly by The Society of Notaries Public of British Columbia The Scrivener is always of Alberta has been a longtime
SPECIAL EDITION a pleasure to read—such subscriber to The Scrivener. a well-written, carefully crafted We would like you to know how much quarterly publication. we enjoy receiving it. Each issue is read by a number of our staff; the I proudly display it on my coffee table articles are not only informative and so that family and friends can peruse educational, but fun to read. the timely articles. Thanks, too, to the editor who continues to impress As Editor of LawNow, a public legal Publications Mail Agreement: 40010827 and amaze all with education magazine published by the inimitable flair and Centre, I have asked for and received Spring 2010, Volume 19, Number 1 good taste. permission to reprint articles that originally appeared in The Scrivener. Ken Hegler, I am grateful for your cooperation and I receive a complimentary copy BC Heritage Language generosity. All the best to you and of The Scrivener, which I enjoy Association your organization. very much, thank you! Sincerely, In fact, I’m really looking forward to I just received the Special Edition Teresa Mitchell, BA, LLB, reading the Special Edition issue on Editor, LawNow Magazine Fraud, which just arrived. Thanks! of the Spring Scrivener on the Edmonton, AB Wayne Campbell, AMP, topic of Fraud. Voice: 780 451-7908 Mortgage Consultant This very informative issue is [email protected] Invis – Capital North a “keeper.” Congratulations on the Mortgages, comprehensive coverage. Prince George, BC Bill Pekonen Thank you for forwarding Voice: 250 562-6000 Voice: 604 270-8726 the email message from [email protected] Ed. Note: We are Teresa Mitchell [above], www.capitalnorthmortgages.ca delighted to have Bill write for us regularly. requesting permission to I’m really glad I discovered reprint my two articles on Roman Civil Law. this magazine. It’s excellent! Just wanted to let you know how We should be quite honoured that I was directed to your publication much I am enjoying the articles a public legal magazine, which has when I read the CFE Vancouver been printed for 35 years, wants to Chapter newsletter. One of your in the latest Scrivener. reprint articles. I am glad The Scrivener articles had been reprinted with I think it is all very important and is being recognized in such a fashion. permission. Also, I believe your excellent information. Great job! I am I have written to Teresa and informed Spring edition has an article by Colin looking forward to the next magazine. her that she has my permission. Parcher, the CFE Vancouver Vice I believe Organization is as important President. Thank you. as Image in running Yours, Felicia Ciolfitto, BA, a successful and Bernard W. Hoeter profitable business. CMA, CFE, CIA, Ed. Note: Dr. Hoeter Manager, Trust Cheryl Bennewith, was the Secretary Regulation Group Notary Public, of The Society Maple Ridge, BC of Notaries Public from The Law Society 1969 to 1986, and of British Columbia Voice: 604 467-5555 Editor of The Society’s Voice: 604 605-5356 [email protected] first publication, The [email protected] www.cherylbennewith.com BC Notary.
48 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 The BC Notaries’ Conference in April was “amazing.” And fun and positive . . . I had the opportunity to attend on behalf #350 – 522 Seventh Street Telephone (604) 524-8688 of the Marketing Department of The New Westminster, BC Facsimile (604) 526-0455 Continuing Legal Education Society V3M 5T5 Email [email protected] of BC. My responsibility was to provide resources to Notaries who Estate Services Executor Accounts / Forensic Investigations require them for their practice and Distribution schedules / Tax Filings & Clearances wow—what a response! The Society staff was incredibly helpful and assisted me at my table. We received so many requests for publications, we eventually sold out of several titles. The turnout was Westcoast Surveys Ltd. huge. I am grateful for the experience Registered member of ASTT of BC and thrilled with the success of the Conference! Site surveys for Mortgage Purposes Rocio Szwaba, Customer [email protected] Service Coordinator, The Continuing Legal Education Society of BC Don and Laura Prokopetz Voice: 604 893-2121 Tel 604 543-8665 Fax 604 543-8610 [email protected] www.cle.bc.ca
This Just In . . .
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Volume 19 Number 2 Summer 2010 The Scrivener 49 taxes
Kathryn Edwards
Going Into Business? A Few Things to Consider . . .
ith every downturn the appropriateness of business on hand because CRA will ask you insurance coverage, or whether or not a few identifying questions for in the economy, fewer incorporating the business is advisable confidentiality purposes. as a method of minimizing risk to job opportunities What Can You Deduct? W personal assets. become available. In general, a proprietor can deduct all reasonable current expenses that More individuals look to starting A proprietor must pay are incurred to produce income from their own business as another means personal tax on any the business. Some exceptions and of supporting themselves and their special rules are provided in the families. taxable income generated Income Tax Act. by the business. Many also see starting a business Various examples of potentially as an opportunity to “save taxes” in deductible expenses would include the tough times, although this view is A proprietor must pay personal tax following. often a misconception. In any case, it on any taxable income generated by the is during times of economic downturn • Business meals and entertainment business. Taxable income is, of course, that I often notice a distinct increase determined after the deduction of all • Office supplies in self-employment of individuals in eligible expenses. Because a proprietor our client base. • Licences, dues, subscriptions is responsible for his or her own • Automobile costs This article provides an taxes, the individual may be required introduction that may be helpful to to submit quarterly personal tax • Cell phone and Internet costs those starting their own proprietorship. installments to Canada Revenue Agency • Advertising and promotion Sole Proprietorship (CRA), although those installments generally are not required in the first • Professional fees A sole proprietorship is an year of business. • Travel unincorporated business that is owned by one person. Many new businesses • If personal tax installments are • Inventory purchases start out as “sole proprietorships” required for any particular year, • Subcontractor fees because they are the simplest form CRA should advise you in writing • Business insurance a business may take. In fact, many of this requirement before the due people who operate home-based dates. • Business use of home businesses are operating as sole • If you are in doubt about your You also may be able to claim proprietors, yet they may not be obligations in this regard, you can capital cost allowance—CCA or familiar with the term. call CRA at 1-800-959-8281 to depreciation—on certain furniture A proprietor assumes all the risks confirm whether you are required and equipment that you buy for the of the business. Because those risks to make installment payments. business or that you already had on may even extend to their personal Before calling, make sure you hand and commenced to use for assets, a proprietor should consider have your prior year’s tax return business purposes.
50 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 For assets you had on hand when of the square footage of your home, Automobile Expenses you commenced the business, the then multiply the result by the total If you use your vehicle for business Income Tax Act requires that the asset expenses relating to your home, to purposes, you can claim an be transferred to the business at its determine the business portion of your appropriate portion of your automobile fair market value. home expenses. expenses. Typically, your automobile It is possible that this may If your work area is shared expenses may include fuel, oil, trigger a capital gain for tax purposes between both business and personal insurance, repairs and maintenance, that would have to be reported on use, it may be more appropriate to lease costs, interest on auto loan, your personal tax return although, first calculate how many hours in the licence, and registration. realistically, a capital gain on used day you use the space for business, The appropriate portion should be furniture or equipment may be quite then divide that number by 24 and determined based upon the kilometres unlikely. multiply the result by the business the vehicle is driven for business portion of your total home expenses. A loss realized on such a transfer purposes in the year, divided by the generally would be disallowed for tax total kilometres driven in the year. The purposes. The fair market value of the result of this calculation provides the asset transferred will then be used to The amount you can deduct percentage of your vehicle costs that provide the basis for calculating the for the business use of your you may claim for business purposes. CCA deduction. home in any particular year We strongly recommend you Where an asset is used both for is limited to your net income maintain a mileage log to track your use of the vehicle because that forms business and personal use, an allocation from the business before of the value between these uses may an important part of the supporting need to be determined, as well. you claim these expenses. documentation that would be required by CRA. The log should include Business Use of Home such details as opening and closing Expenses for the business use of an The amount you can deduct for odometer readings, dates, kilometres area in your home may be deducted, the business use of your home in any travelled, and the business purpose or as long as you meet one of the particular year is limited to your net destination. following conditions. income from the business before you claim these expenses. Capital cost allowance also may • It is your principal place be claimed on the capital cost of the of business, or As long as you continue to meet vehicle. The capital cost of the vehicle 1 of the 2 conditions indicated above, may be the fair market value at the • the space is used only to earn any excess amount can be carried time the vehicle is put into business business income and you use it forward and used in the next fiscal use or it may be the purchase price on a regular and continuous basis year, subject to the same rules and if the vehicle is acquired after the to meet your clients, customers, limitations. business is already underway. or patients. If one of those conditions is met, you may be able to claim a portion of the following expenses. • Utilities • Home insurance • Repairs and maintenance • Property taxes • Mortgage interest • Rent • Other applicable expenses The portion of your home expenses that you may claim should be determined on some reasonable basis. For example, if the work area is dedicated to business use, you may consider claiming the square footage
of your work area as a percentage ©iStockphoto.com/Propix inc
Volume 19 Number 2 Summer 2010 The Scrivener 51 Records and Documentation Better care for a better life If you are carrying on a business, you are required to keep adequate records Home care that provide sufficient details and designed especially for you support to determine how much tax you owe. Estimates and incomplete • Nursing • Funding Investigations information are not acceptable to CRA. • Personal Care • Free Assessments In this regard, I refer you to CRA’s Vancouver office • Home Support • Nurse Supervised Staff Guide RC4409 Keeping Records, • Companionship • 24 Hour/7 Day Service 604.873.2545 which can be found on CRA’s Website. 1.866.227.3106 A Company www.bayshore.ca Another way to do business is through a company. A company is a separate legal entity that can undertake to do business and own property in its own name. A company has its own requirements to file tax returns, pay taxes, and meet other obligations. A company pays tax at different rates Estate than does an individual proprietor. There may be circumstances where it is tax-efficient to do business through a company or where liability Litigation issues make incorporation a prudent choice. There are costs associated with I can help. incorporation, however. Before making a decision, you should carefully consider the costs of incorporating and • Past President, TLABC carrying on an incorporated business and compare them to the benefits that • Past Chair Wills & would be gained by doing so. Trusts Section, CBA Professional advice is recommended to assist you in making • Over 36 years of this assessment. litigation experience Caution This article is not intended to provide a complete summary of issues and requirements relating to individuals in business; it highlights a few preliminary considerations. The Trevor To d d comments provided herein are based on information available at the time Wills of writing and are general in nature. We recommend that individuals Estates consult their own tax advisors before Estate Litigation acting on information contained in this article, to ensure that their own specific circumstances and current tax Referrals Welcome. legislation are taken into account. s Kathryn G. Edwards, CA, is a Partner P | 604 264-8470 www.disinherited.com with Pagnanini Edwards Lam Chartered E | [email protected] Accountants. [email protected]
52 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Craig D. Johnston
Land Title Act Amendment: Electronic Filing
he Land Title and Electronic filing is quicker, Survey Authority’s more convenient, more TElectronic Filing System secure, and generally less (EFS) enables authorized users expensive than filing paper to electronically submit land documents. title applications for registration to the Land Title Office. electronic filing requirements for land title applications. Electronic filing is quicker, more This amendment has enabled convenient, more secure, and generally the Director of Land Titles to take less expensive than filing paper future action to specify the classes documents. of documents to be submitted Electronic filing is also an electronically. economical “green solution” that saves paper, printing and courier costs, The Registrar can make and the carbon emissions associated exemptions from the requirement on with those activities. a transaction-by-transaction basis. Using EFS helps legal and land The Director of Land Titles survey professionals provide more will stage implementation of the efficient service to their customers requirement for e-filing based upon and in turn supports the ability evidence of the principal users’ of the LTSA to provide reliable, business readiness for the specific secure, and efficient services to transaction type, and following an those professionals. E-filing provides appropriate notice period. the foundation needed for more For more information, comprehensive electronic service please contact the Director of Land delivery by the LTSA. Titles, Craig Johnston, To better support the benefits, at [email protected]. s and in response to professionals’ demands for consistency in land Craig D. Johnston is the LTSA’s Director title application methods, a recent of Land Titles. He joined the LTSA in amendment to the Land Title Act has March 2006 as Registrar of Land Titles come into effect regarding phased for the Victoria and Kamloops offices.
Volume 19 Number 2 Summer 2010 The Scrivener 53 bc notary Daniel Boisvert’s Favourite Charity
Alanna Donahue
BC Children’s Hospital Foundation
C Children’s Hospital is Treating young patients is often difference between a newborn and more complicated than treating adults. a teenager—everything from breathing the province’s only full- Children require 40 percent more tubes to beds has to be sized to meet service acute care hospital nursing care than adults because their the individual patient’s needs. B medical and psychological needs are Funds raised by BC Children’s serving the 1 million children greater. From pediatric research and Hospital Foundation are used to staffing to specialized facilities and living in BC and the Yukon. support BC Children’s Hospital, Sunny equipment, every element that makes Hill Health Centre for Children, and Seriously ill or injured children are BC Children’s Hospital unique requires the Child & Family Research Institute. treated either at Children’s Hospital a significant investment. Since 1982, BC Children’s Hospital in Vancouver or, in consultation with Foundation has worked with children, the Hospital’s specialists, in their families, caregivers, and hundreds home community. …every one of them of thousands of British Columbians Children have unique medical is away from home, school, to give Children’s Hospital, Sunny needs that often require the expertise and the things that make Hill, and the Child & Family Research of multiple specialists across pediatric them feel safe. Institute the resources they need cardiology, oncology, and other key to excel. disciplines. In BC, only Children’s Hospital can provide that critical level Children’s Hospital sees 78,000 of multidisciplinary care. patients each year; every one of them is away from home, school, and the things that make them feel safe. Our staff works extra hard to create a place where children can do more than heal. At BC Children’s Hospital, they can also play, learn, laugh, and grow. Providing the Best Care for BC’s Kids Because children don’t have fully developed immune systems, they are far more susceptible to serious infections such as meningitis or pneumonia. And because they have a higher metabolic rate than adults, illnesses take hold faster, making timely care crucial. The range of ages and sizes of the children has a significant impact on the treatment and the equipment required. Just consider the size
54 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 The Foundation’s fundraising activities involve the following. GEORGE E.H. CADmAN,* Q.C. • Legacy or planned giving 604 647-4123 Cell 604 290-8947 • Annual individual and corporate [email protected] www.boughton.ca gifts Real Estate, Corporate Litigation • Employee-corporate and and Dispute Resolution community support BOUGHTON LAW CORPORATION • Direct-response marketing Suite 1000, 595 Burrard St., P.O. BOx 49290, VancOuVer, Bc V7x 1S8 • Children’s Miracle Network tel 604 687-6789 Fax 604 683-5317 • Special events *law cOrPOratiOn Leaving a Legacy to BC’s Children Beyond making one-time or monthly donations, you can have a lasting impact on the lives of BC’s kids by leaving a legacy gift through, for example, your Will, life insurance, charitable trust, registered retirement We Value savings plans, property, stocks, bonds, and mutual funds. These gifts can provide significant tax savings and Canada financial benefits to you, your estate, and your heirs. To find out more, please contact us. s Alanna Donahue is the Director of Philanthropy, Gift, and Estate Planning at BC Children’s Hospital Foundation. 938 West 28th Avenue Vancouver, BC V5Z 4H4 Canada’s most Voice: 604 875-2444 Toll free in BC: 1-888-663-3033 authoritative voice in [email protected] real property valuation! www.bcchf.ca When the market’s changing, whom can you trust? Call the experts: AIC professionals. We’re Canada’s leading authority in real property valuation. Designated AIC members can help you make smarter choices with in-depth analysis, market insights and practical solutions — from acquisition and development to management and disposal. Get the real property experts working for you. Consult an AIC professional. Look for members who hold the AACI, P.App, or CRA designation.
#845 – 1200 West 73rd Avenue Vancouver, British Columbia V6P 6G5 t: 604.266.8287 f: 604.266.3034 [email protected] www.appraisal.bc.ca
Volume 19 Number 2 Summer 2010 The Scrivener 55 BC HISTORY: PART 10
Bob Reid
The Canadian Pacific Railway and British Columbia: 1882 to 1885
List of Bob’sPlease previous see archives articles at www.notaries.bc.ca/scrivener. Part 1: Fall 2002 Vol. 11, No. 3 Part 5: Winter 2006 Vol. 15, No. 4 Part 8: Spring 2009 Vol. 18, No. 1 Part 2: Fall 2003 Vol. 12, No. 3 Part 6: Summer 2007 Vol. 16, No. 2 Part 9: Fall 2009 Vol. 18, No. 3 Part 3: Winter 2003 Vol. 12, No. 4 Part 7:1 Fall 2007 Vol. 16, No. 3 Part 10: Summer 2010 Vol. 19, No. 2 Part 4: Winter 2004 Vol. 13, No. 4 Part 7:2 Winter 2007 Vol. 16, No. 4 Part 4A: Spring 2005 Vol. 14, No. 1 Part 7:3 Spring 2008 Vol. 17, No. 1
t the start of 1882, of construction of a railway through railway. The recent pronouncement the wilds of the Canadian Shield north that the western terminus would be at optimism abounded of Lake Superior and through the Port Moody only intensified their fight in the corridors of power sea of mountains in British Columbia. with Ottawa. A The CPR, the government, and the So when a judicial vacancy arose in Ottawa. entire nation would teeter on the brink with the death of Mr. Justice Rocke of ruin before an unlikely event would The end of the political and Robertson, Macdonald appointed provide salvation. financial troubles involving the Walkem to the Supreme Court construction of the transcontinental The year 1882 also witnessed the of British Columbia. Then Amor De railway had ended when the Syndicate occurrence of several important events Cosmos was defeated in the federal that established the new privately in regard to Macdonald’s relations election of June 1882, an election owned Canadian Pacific Railway took with British Columbia. Matters started in which Macdonald’s Conservative over the enterprise. well for Macdonald with the removal government was returned to power. from the political scene of two of his Cornelius Van Horne, The voters of Victoria ignored the political adversaries—Premier George newly appointed efforts De Cosmos had made to further Walkem and Amor De Cosmos. general manager of the their interests and punished him for CPR, informed its espousing the cause of Canadian directors that he would Macdonald must have autonomy. The call for an independent lay 500 miles of track thought the government’s and sovereign nation smacked too during the 1882 Cornelius much of republicanism for the loyal season. And George Van Horne problems in building Imperialists of Victoria. Stephen, President a transcontinental railway Professor S. W. Jackman, in his of the CPR, told Prime Minister John were over. book, Portraits of the Premiers. An A. Macdonald that the railway would Informal History of British Columbia, be completed in half the 10-year at page 38, stated that although period allowed in the contract with Those men had advocated for Walkem never had the respect of his the government. British Columbia to secede from political peers, he proved to be an able Macdonald must have thought Confederation because of the failure jurist and was well respected by the the government’s problems in building of the Dominion to fulfill its agreement members of the legal profession when a transcontinental railway were to construct the railway according to he retired in 1904. He, with his fellow over. But his complacency was soon the Terms of Union. They also had judges Crease and Tyrwhitt-Drake, shattered by a series of financial demanded that Victoria be the western established the rules of practice for crises caused by the escalating costs terminus of the transcontinental the Supreme Court.
56 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Walkem’s departure saw a weak In 1864 Cornwall was elected would be driven to the brink provincial government under the to the colonial Legislative Assembly of bankruptcy by the overwhelming leadership of Robert Beaven elected and when British Columbia joined task of building a railway through the to the Legislature in July 1882. Confederation, he was appointed British Fraser Canyon. That stretch of line Even though relations between the Columbia’s first Senator to the Senate was the most expensive and difficult Dominion and the province remained of Canada where he served until being railway construction on the continent. strained, Macdonald no longer appointed the 3rd Lieutenant Governor Between Kamloops and Port represented Victoria in the House. of British Columbia. Moody, there were 27 tunnels—the He had been elected from the riding The Governor General after his longest over 1600 feet long—and of Carleton in the June election. He arrival in British Columbia decided more than 600 trestles and bridges simply ignored Victoria. to extend his visit so he could travel were built above Yale. The construction But “Old Tomorrow’s” policy throughout the province. Princess of the railway track through the gorges, of procrastination did not suit London, Louise remained in Victoria. He was canyons, and plunging cataracts of the who now viewed the naval base at particularly fascinated by the start lower Fraser River proved a prodigious Esquimalt with its graving dock and of construction of the railway in the engineering feat. the abundant nearby coal reserves Fraser Canyon. Onderdonk’s difficulties were as vital to the interests of the British compounded by his pledge to keep Empire. A Canadian transcontinental the Cariboo road open. Long strings railway would provide the Empire not Men were killed by falling of heavy freight wagons, drawn by only with an all-red route to the Orient, rock, by slides, runaway teams of 6 or 8 horses or mules or it would counter a perceived strategic horses, and especially oxen, carried supplies to the railway threat raised by the rapid expansion workers’ camps along the Canyon. of American railway lines south of the by the careless handling But the amount of traffic on the road border combined with the increased of explosives. slowed the delivery of needed supplies. economic development in the Puget And the freight rates were far greater Sound region. The contracts for the sections than Onderdonk had planned when he The Governor General of Canada, submitted his bids for the contracts. the Marquess of Lorne (later 9th Duke of the railway between Port Moody to of Argyll) and his wife, H. R. H. Princess Emory’s Bar, at the start of the Fraser To solve those problems, Louise, daughter of Queen Victoria, were Canyon, and to Savona’s Ferry, near Onderdonk built a steam-driven well briefed on London’s concerns about Kamloops, had been awarded to Andrew sternwheeler, the Skuzzy, to navigate Canada’s relations with British Columbia. Onderdonk by the federal government the waters above the Canyon. Taking Lorne’s attempts to get Macdonald prior to the establishment of the new her through Hell’s Gate was a task to act to resolve the differences went Canadian Pacific Railway. The CPR, most river men thought impossible. nowhere, so he decided to employ his under the terms of its contract with the After numerous failures, he hired considerable influence and authority to government, inherited those stretches boatmen with experience navigating help resolve matters. of the line. The CPR awarded Onderdonk on the upper Columbia. Eventually the contract for the section of line from they, with the assistance of a steam Macdonald was not overly pleased Savona’s Ferry to Eagle Pass in the Gold winch and over 100 Chinese workers with the Governor General’s decision Mountains where the last spike was pulling on lines attached to the vessel, to visit British Columbia in September driven on November 7, 1885. achieved their goal. 1882. It was, however, incredibly popular in British Columbia where By 1882 Onderdonk had over In June of 1882, when Van Horne the provincial capital went all out to 7000 men busy blasting tunnels launched the CPR’s drive to build 500 demonstrate its patriotic sentiment and footholds through the mountains miles of track across the flatlands of the and loyalty to the Crown. of granite in the Fraser Canyon—the Prairies, Onderdonk had laid scarcely toughest rock in the world. So much The Lieutenant Governor Clement 20 miles of track. That year Onderdonk nitroglycerine and blasting powder F. Cornwall was well suited to host brought in 10 boatloads of Chinese was needed that Onderdonk set up an the daughter of Queen Victoria at workers from China without whose explosives plant at Yale, producing over Cary Castle. He arrived in the Cariboo Herculean labours he would not have 12,000 pounds of explosives a day. in 1862 after being called to the been able to complete his contracts. The mortality rate for workers was high. Temple Bar in London. Cornwall and And, there is no question that Men were killed by falling rock, by his brother owned Ashcroft Manor, the lower wages paid to them saved slides, runaway horses, and especially one of the largest cattle ranches in Onderdonk from bankruptcy, even by the careless handling of explosives. the province. There they carried on though by 1883 Onderdonk was the activities of the English landed But even Onderdonk, who lobbying Ottawa for a further subsidy gentry—fox hunting and horse racing. was given preference for these to complete the work he had contracted Coyotes replaced the traditional foxes contracts because of his reputation to do. (Please see the discussion in the hunts. as a competent and able contractor, of discrimination against Chinese
Volume 19 Number 2 Summer 2010 The Scrivener 57 workers in The Canadian Pacific expressed the feelings of all Victorians Professor S. W. Jackman, at page 60, Railway and British Columbia: 1878 as Beaven was not a member of either writes that Beaven was – 1881, The Scrivener, Fall 2009, of the two main camps of influence in “a curious sort of political figure” Vol. 18, No. 3, pages 64 to 70.) the capital city—he was not a member because “he had little to attract During his visit to British Columbia, of the Hudson’s Bay Company clique followers as a man in that he had the Governor General learned that the or of the English colonial circle. no great personal charm. In manner Kicking Horse Pass was to be the route he was blunt; to his enemies he was downright rude, and he through the Rocky Mountains. And that The news simply the CPR now expected to complete the had a low opinion of many of his railway by 1887 instead of 1891, as exacerbated the deep- contemporaries. Yet he managed originally contracted. Good news—or so seated antagonism between to represent one constituency from 1871 to 1894, and he held cabinet Lord Lorne thought until he announced Victoria and the Mainland. it at a public banquet in Victoria. office for a number of years… .” The reaction of his audience shocked He also served as mayor of the Governor General. Victorians realized Beaven had arrived in Upper Victoria on three occasions. According to that their hopes for the western terminus Canada at the age of 6 from Ireland. Jackman, Beaven was “the embodiment to be on the Island were dead. They As a young man, he sought his fortune of the bluff, blunt country squire, but cared little that the railway would finally in the goldfields of California and surely, any man who could introduce be built. The news simply exacerbated then the Cariboo. Eventually Beaven legislation exempting volunteer firemen the deep-seated antagonism between settled in Victoria where he became from jury duty must have at least our Victoria and the Mainland. involved in real estate and insurance, grudging approbation.” An interesting and eventually became a clothier side note is that his daughter married At the dinner, Premier Beaven and general outfitter. When British Victor Alexander Spencer, later Viscount expressed the extent of Victorian’s Columbia became a province, Beaven Churchill. alienation rather shockingly when was elected to the Legislature as he asked whether Vancouver Island 1 of 4 members from the capital; Beaven’s response to the news could become a separate kingdom although he was Premier for only of the route of the CPR bolstered the with Princess Louise as its Queen . . . 7 months; he held his Victoria seat Governor General’s conviction that it a bewildering statement but one that until 1894, when he was defeated. was absolutely vital to get Macdonald
58 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 to act to allay Victoria’s alienation. His assault through the sea of mountains mortgage the railway—the trunk line, efforts were successful and resulted in that barred British Columbia from rolling stock—everything—including the construction of the Esquimalt and easy access to the rest of Canada. outstanding stock and land grant Nanaimo Railway by Robert Dunsmuir. But the CPR was sinking further and bonds. He also pledged to complete (See Esquimalt and Nanaimo Railway further into debt as construction costs the railway by the end of 1885. and Robert Dunsmuir in The Scrivener, were proving far more expensive than Many in Macdonald’s own Spring 2009, Volume 18, Number 1, originally estimated. Conservative party were opposed to pages 63 to 71.) To worsen matters for the CPR, the loan. The Quebec wing wanted It was another Premier, though, the hard financial times caused a drop an equal amount of largesse, the who was instrumental in the resolution in the price of CPR stock, making it Maritimers had no interest whatsoever of the differences between Ottawa and difficult to raise capital by issuing new in the West, and the Manitobans were Victoria. William Smithe became stock. The value of CPR lands dropped increasingly antagonistic to the CPR. Premier in January 1883 when Beaven with the collapse of the real estate Macdonald was also faced with lost a vote of no-confidence in the bubble created in the North West by a new political protest movement. Legislature and resigned. land speculators. And an early frost on Western discontent was growing as the the Prairies had wiped out the wheat Prairie farmers realized the economic The 7th Premier crop, leaving less grain to ship to the development of the West was for the of British Columbia had markets of Central Canada. economic advantage of the East. been born William Smith Farmers paid exorbitant prices for but presumably added manufactured goods including farming the “e” to his last name In 1884 Prime Minister implements that were protected behind to ensure he would not Macdonald was entering high tariffs enacted under Macdonald’s be mistaken for another William National Policy. And then they paid William Smith—Amor Smithe his 70th year. high freight rates to ship their grain. De Cosmos. As was the case with Farmers were particularly incensed many other figures Those interests opposed to the by the CPR’s Monopoly Clause that of this period of British CPR smelled blood and intensified provided that no competing federally Columbia’s history, their vitriolic attacks on the railway chartered railway could come within Smithe had arrived in and its directors and officials. The 15 miles of the border with the U.S. British Columbia from forces allayed against the CPR Macdonald used all his political England as a young man were impressive—they included the wiles to get the bill passed in looking to strike it rich officials of the Grand Trunk railway Parliament. The support of his Quebec in the goldfields in the Amor De and financial interests who hoped to members was ensured by granting Cosmos Cariboo. benefit from the failure of the CPR. a retroactive subsidy for the line between Montreal and Ottawa as But he eventually settled down as The Liberal Party and the Globe a work of national importance, by a farmer at Cowichan on the Island. He newspaper had never supported the extending the eastern terminus of the was elected as its representative in the railway. Edward Blake, the Liberal CPR to Quebec City, and by making Legislature in 1871. In 1876 he held party leader, appeared willing to additional federal subsidies for the the dual posts of finance and agriculture accept the dire economic and financial provincial railways in the province. in the government of Premier Elliott consequences that would face the Reluctant Conservative members and became leader of the opposition in nation if the CPR went bust. 1878 when Elliott was defeated at the from other provinces were threatened In 1884 Prime Minister polls and resigned from politics. with dissolution of Parliament and Macdonald was entering an election if the government were Smithe’s tenure as Premier his 70th year. He had defeated on this issue. lasted longer than his predecessors expended much political The government relief bill provided and might have been longer except capital to force the the CPR with temporary relief—but he died in office 4 years later at the CPR contract through only temporary, because it did not take young age of 44. Jackman wrote at Sir John A. Parliament in 1881. He long for the escalating costs to create page 68, that “the four years the Macdonald was now reluctant to another financial crisis. Smithe government ruled in British fight with an extremely recalcitrant and Cost-cutting measures accelerated. Columbia were prosperous and happy sceptical Parliament for a government No longer would track be laid according ones. Later in the nineteenth century subsidy loan in the astronomical sum to best practices. What mattered was they were often referred to as the best of $30 million. simply to get it laid by the cheapest years the province had experienced up To make the loan more palliative method possible. Van Horne ordered to that time.” to the members in the House and that all bridges be made of timber By mid-August 1883, the railway to assist Macdonald in the fight for rather than iron and masonry. in the North West had reached passage in Parliament, the CPR Although Onderdonk built the Calgary. It was now poised for the final president George Stephen agreed to sections of the railway in British
Volume 19 Number 2 Summer 2010 The Scrivener 59 Columbia from Port Moody to Worse, it meant a delay of almost with the Columbia River, where the Craigellachie in Eagle Pass, other CPR a year in the completion of the line. town of Golden is situated today at the contractors built the sections through Van Horne resolved this problem foot of the Selkirks. Now the railway the Rocky and Selkirk Mountains. They by building the line with a gradient was prepared to tackle the final portion included men who would become great of over 4 percent on an 8-mile stretch, of the line through the Rogers Pass. captains of industry. James Ross, located between the Continental In 1882 Major A. B. the general manager of construction Divide and the town of Field, that Rogers discovered the through the mountain section, became became known as the Big Hill. The pass in the Selkirk one of the most successful financiers grades on the Big Hill would be the Mountains that in Canada. Herbert Samuel Holt, steepest ever operated on a regular allowed the CPR to Ross’s superintendent, rose from his basis by a standard-gauge railroad. complete the route beginnings as a poor Irish immigrant Major A. B. chosen through the to the presidency of the But it was not the money Rogers sea of mountains via the Royal Bank of Canada. Kicking Horse Pass. A controversial William Mackenzie that drove Rogers to succeed; figure, Rogers has been described as and Donald Mann it was the offer by the CPR the most heartily disliked man in his built the roadbed and to name the pass for him. profession. He starved his men and supplied drove them and himself mercilessly. the Herbert But he was scrupulously honest timber to Samuel Holt Although in 1884, the Big Hill was intended to be a temporary solution, and driven by a chance at immortality. build bridges, trestles, Some of his fellow surveyors’ disdain and other wooden it caused the CPR much grief for 25 years. Heading up the steep grade may have been based on the fact that structures, including the Rogers, an American and educated timber for the trestle required additional pusher engines and Donald Mann heading down caused trains to run out at Yale, had been selected by J. J. bridge in the Beaver Hill to find a pass through the Selkirk River Valley that rose 150 feet and of control, resulting in loss of life and wrecked locomotives. Mountains—a task deemed impossible was 1070 feet in length—reputedly by the Canadian surveyors who had Safety switches with runaway one of the largest wooden trestles ever been employed by the previous spur lines were added to the Big Hill built. Canadian Pacific Survey team. Hill stretch but even with those measures, offered Rogers the princely amount They later formed a rival accidents continued to occur. In 1909 of $5000 if he found a pass. transcontinental railway, the Canadian the CPR resolved the problems by Northern Railway. When it went drilling the famous Spiral Tunnels But it was not the money that bankrupt, it formed the basis of the through Cathedral Mountain and drove Rogers to succeed; it was the Canadian National railway—at Mount Ogden. The new route added offer by the CPR to name the pass a tremendous cost to the Canadian 6 miles to the line but reduced the for him. For years he refused to cash taxpayer. gradient to 2.2 per cent, as originally the cheque. Instead, he framed it. He The construction of the Canadian contracted. cashed it only after Van Horne offered Northern in British Columbia also Field was established to house the him a gold watch. had disastrous environmental CPR’s construction workers and later Rogers’ first attempt in 1881 consequences. In 1913 the attempt to was a locomotive depot for the pusher failed because of his notorious blast a passage for the railway at Hell’s locomotives needed to push the parsimony—his search party ran Gate triggered a massive landslide that trains up Big Hill. It was named after out of food. In 1882 he succeeded. partially blocked the narrow canyon American businessman Cyrus Field, in He also surveyed a preliminary line of the Fraser River, with devastating the failed hope he would invest in the from the summit to the base of the damage to Pacific salmon runs. railway. Kicking Horse Pass in the Rockies. The Kicking Horse Pass proved Van Horne later built mountain The pass had been ignored by the a major construction headache. The hotels and chalets in the area to earlier surveyors as unsuitable because line switched back and forth eight attract wealthy tourists to enjoy of the grades involved in running times across the raging river by truss the natural magnificence of the trains. But Rogers claimed the route and trestle. The CPR had contracted surrounding mountains. This area, was practicable. The CPR directors that the maximum gradient of the including the town of Field, became accepted his word and made the line would not exceed 2.2 percent or part of Yoho National Park, which was fateful decision in 1882 to push track about 116 feet to a mile. To build the declared an UNESCO World Heritage toward the Kicking Horse Pass. line to this grade on the western slope Site in 1984. This decision had immense of the Pass, the CPR faced expensive In 1884 the Big Hill line allowed consequences for the towns that would engineering works including a 1400- Van Horne to push the railway down spring up along the route. For example, foot tunnel. the Kicking Horse River to its junction the old route envisaged passing through
60 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Fort Edmonton on its way through the springing up to service the rail lands along the route of the extension Yellowhead Pass; now Calgary became workers. At a camp named Donald were not part of the railway belt lands the major transportation centre east at the mouth of the Beaver River, on transferred to the federal government, of the Rockies. the east side of the Columbia River, so the province would benefit from the when the police attempted to arrest sale of those lands. When Van Horne became general a troublemaker for being drunk and manager of the CPR in 1882, he Van Horne drove a hard bargain. disorderly they were attacked by may have had doubts about using He agreed to extend the line—a branch a drunken mob. The officer in charge the Rogers Pass. The spectacular line—from Port Moody to Granville if was the famous Sam Steele; he and mountains and glaciers were the the province gave the CPR almost half his force of 8 police faced down a mob source of avalanches and snow of what is Metropolitan Vancouver today. of 300 men. slides that caused the CPR much In February 1885, the province grief in keeping the line open during made an outright gift of 6000 acres the Winter months. The CPR had to But that did not stop to the CPR of lands that included construct 31 snow sheds over a 6-mile saloons, dance halls, and the entire waterfront between the stretch. In 1910, a snow slide caused Second Narrows and the military the deaths of 58 men; the CPR drilled brothels from springing up reserve (it later became Stanley Park). the Connaught Tunnel under Mount to service the rail workers. Local landowners holding blocks east Macdonald in 1916. of Granville also agreed to give up a third of their land holdings because At the time, that 5-mile tunnel In the Summer of 1884, Van Van Horne threatened to move the was the longest railway tunnel in North Horne made a momentous decision CPR shops and terminus to the English America. In 1988 the 9-mile Mount that affected the future of British Bay area if they did not comply. Macdonald Tunnel was opened under Columbia. In August, in the company the pass. Making one tunnel in each of Premier Smithe, Van Horne visited The CPR got all the unalienated direction allowed for increased traffic the site of the western terminus at lots in Granville township; the right-of- and deceased the grades. Port Moody. He quickly decided it was way from New Westminster to Kitsilano Major Rogers had his base camp unsuitable to be the main terminus on English Bay, including much of the at the site of Golden when he set out of the CPR on Burrard Inlet. north bank of False Creek; and the vast grant from Hastings Mill to the forest at to find a pass through the surrounding For one thing, there was not today’s Shaughnessy Heights. He also mountains of the Selkirks. Golden sufficient space available for the got the entire foreshore because he became a centre for CPR workers needs of the CPR. The railway required claimed the depth of the water made during the construction of the railroad. over 400 acres of level ground for its piers impossible and the railway needed It was originally named Golden City marshalling yards. to distinguish it from a nearby camp the foreshore for dock facilities. That, The tidal flats required massive called Silver City. After the workers of course, proved not to be the case. dredging to accommodate the shipping had moved on, the CPR made the In 1886 the province granted from the Orient that the transcontinental town into a tourist destination. It the CPR a bonus of $75,000 and railway would generate. Another hired Swiss mountain guides to a free right of way to construct its problem with Port Moody was that local entice tourists to visit the surrounding 9-mile branch line from Vancouver to speculators had bought up much of the wilderness and mountains. New Westminster. That line and the available land after 1882 when the 12-mile extension from Port Moody The workers’ camps along the CPR announced it would be the western to Vancouver remain branch lines to route were the source of jurisdictional terminus. It was not the business of the this day. In hindsight, the question is differences between Victoria and CPR to make money for others. was this huge grant of land necessary Ottawa. The federal government made Van Horne travelled by boat to the because the CPR had little choice but it illegal to sell (not to possess) booze mouth of the Inlet and discovered an to locate at the mouth of the Inlet? At within the 40-mile railway belt along ideal site in the vicinity of Coal Harbour the time, the province was more than the route of the line. and English Bay. But before Van Horne happy to accommodate the CPR. Reluctant to lose the tax revenue announced his decision to change the Van Horne chose the name from the sale of liquor, British location, he wanted major concessions Vancouver for the new terminus. Columbia declared saloons legal, as from the province and the landowners According to Pierre Berton, in The long as they had a provincial liquor at the mouth of Burrard Inlet. Great Railway, 1881 – licence. The North West Mounted He knew the provincial 1885, The Last Spike, police administered law and order government was eager for the CPR McClelland & Stewart within the railway belt along the route to extend its line to a new terminus Ltd., Toronto, 1971, at of the railway in BC. at Granville or what the locals called page 305, Van Horne But that did not stop saloons, “Gastown,” after the saloon owner was a romantic who dance halls, and brothels from “Gassy Jack” Deighton. The public “wanted to give his
Volume 19 Number 2 Summer 2010 The Scrivener 61 new metropolis a name he considered Some, like Thomas Macdonald that McIntyre had been worthy of its future—that of a daring Shaughnessy, went to “coarsely selfish and cowardly…and explorer who had sailed these any length to keep the ruthless in regarding the interests shores long before the railway was railway afloat. He even of others whenever he could advance contemplated.” accepted bribes from his own.” an American railway Notwithstanding Stephen’s Vancouver was a CPR city and supply company and would remain so for many years. Thomas opinion of McIntyre, he was one Shaughnessy endorsed their cheques Although Port Moody is the western of the great Scots barons of Montreal. over to the CPR. During He invested time and money in terminus of the CPR main line, Van the financial crisis of 1884 to 1885, Horne’s decision ensured that it numerous business ventures and at Shaughnessy held the company his death in 1894 was considered remained a small settlement at the together. head of the Inlet. 1 of the 5 richest men in Canada. Like many of the men involved George Stephen retained the During his visit to British with the CPR, Shaughnessy had loyalty of his cousin Donald Smith, Columbia in 1884, Van Horne had humble beginnings. He was born to who backed Stephen with his entire an opportunity to inspect the work Irish immigrants. Hired by Van Horne personal fortune. The two men were done by Andrew Onderdonk who was in 1882 as the general purchasing determined that if the CPR failed, responsible for building the line from agent for the CPR, he later would they would not be accused of having Port Moody to Eagle Pass. There was become president of the CPR in 1899 made money from its failure—unlike a great deal of shoddy work because and transform it into one of the largest the norm in railway bankruptcies in Onderdonk was also cutting corners to and most profitable railroads in North the United States. The directors and stay financially afloat. America. promoters rarely lost a penny when the After the completion of the CPR, railways in the United States failed. Van Horne testified at an inquiry that By the end of 1884, matters Railroads were used as easy ways if the CPR had had control of the had reached a crisis. of raising monies from the public sections in British Columbia, it would purse. The large land subsidies not have built the route through the attached to railways were sold at Fraser Canyon, which he described Under Shaughnessy’s watch, the a profit, the monies drained off by as “one of the worse places in the CPR launched the Atlantic steamship phoney construction contracts, and the world.” Obviously, he meant for railway service to match its Pacific fleet railway put into receivership. construction. and became the world’s leading But Stephen had contempt for transportation system. Not withstanding But not all the construction was men like Jay Gould, who was notorious his American birth, he was a staunch substandard. The steel cantilever for those schemes. He cared deeply Imperialist and was elevated to the bridge across the Fraser River near about his reputation and knew if the peerage in 1916 as Baron Shaughnessy Lytton was the first bridge of its CPR fell, he must fall with it. The for his contributions to the war effort. kind in North America and a great attacks on his personal integrity Shaughnessy Heights in Vancouver was achievement. deeply wounded Stephen. named for him. On his travels in British Columbia, Both men came from the Speyside In contrast to Shaughnessy were Van Horne continued to express utter region in Scotland, the land of the men like Duncan McIntyre, a vice confidence in the financial stability Clan Grant, a region renowned today president of the CPR. As the president of the CPR. He backed this up by for its number of whisky distilleries. of the Canada Central Railway, he had sinking his savings into CPR stock. been invited to join the Syndicate that In one of his travels to Great If the railway went bust, he would created the CPR. Britain in search for funds, Stephen go down with it. So would George raised a small amount from a Scottish Stephen and Donald Smith because But in 1884, he wearied of the financial bank. Pierre Berton writes they pledged all their considerable continuing financial crises and at page 326 that this bit of Highland fortunes to keep the railway solvent. of pledging his personal wealth to cheer prompted Stephen to cablegram keep the railway afloat. He wanted By the end of 1884, matters had Smith one of the most memorable out. Stephen and Smith had no choice cablegrams in Canadian history: “Into reached a crisis. Workers and suppliers but to buy his shares. Then McIntyre were not being paid. The railway had one brief, cryptic sentence, the CPR worsened matters by refusing credit president managed to convey all the to find funds to repay the previous to the railway and threatening to sue loan from the government—with fierce passions, bold defiance, dark unless it paid its overdue accounts to hatreds, and bright loyalties inherited interest and dividends—or go bust. McIntyre’s merchant firm. During this desperate time, the true from his Scottish forbears [sic].” nature of the men associated with the Stephen never forgave him and “Stand fast, Craigellachie!” the CPR surfaced. refused to be in his presence. He told cable advised, Craigellachie being the
62 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 great rock dominating the Speyside on But there were four gaps, totalling he was forced to chose between two top of which a fiery cross was lit when 86 miles, in the unfinished line north politically unpalatable choices: Ask it was necessary to rally the clan. of Lake Superior. That did not deter Parliament for additional funds and face But as 1885 dawned, it appeared Van Horne, who arranged for other the taunts of Blake and the Liberals in there was no hope for the CPR. It had modes of transport to link the gaps. He the House or allow the CPR to fail and run out of money. Unpaid workers and was determined to show the politicians face the dire economic consequences. suppliers were becoming increasingly and the public the advantages Macdonald chose the former because restless, even though the railway was of a transcontinental railway. the mood of the country was swinging in so close to being completed. Only favour of the railway. a few hundred miles were left to be But as 1885 dawned, In July of 1885, the House passed completed in the Canadian Shield and the relief bill at the 11th hour when to connect the sections through the it appeared there was the spectre of bankruptcy hovered mountains of British Columbia. no hope for the CPR. over the CPR. The passage of the bill In January 1885, Macdonald It had run out of money. allowed the railway to raise the funds informed Stephen there could be no to pay a creditor whose debt was further government assistance. He was due the same afternoon the bill was facing a cabinet revolt and dared not He did just that when the first passed. The CPR and its investors had ask it to support another CPR loan. He troops arrived at Winnipeg, a week come within a whisker of collapse and knew the CPR could not survive and after their departure from Eastern ruin. The CPR never again had to ask seemed to have accepted its inevitable Canada. Pierre Berton wrote, at pages the government for a loan. demise. 382 to 384: The great English financial house, Macdonald was dispirited. But The rebellion wrenched the gaze Baring Brothers, took up the marketing the collapse of the CPR would have of settled Canada out to the prairie of the new CPR bonds and, in gratitude, a disastrous effect on the country. country and focused it on the the railway changed the name of its Ninety-two million dollars had been railway. Every major newspaper new town at the second crossing spent already, $55 million of which sent a war correspondent with of the Columbia River from Farwell was public money. the troops, and for weeks the to Revelstoke, after Edward Baring, The major banks—especially the pages of the dailies were full Lord Revelstoke, the head of Barings. Bank of Montreal—who were financing of little else…but interlaced Revelstoke became the CPR’s main the major contractors, could possibly with such dispatches there was operations and maintenance facilities for fail; suppliers would go bankrupt, an something else—a new awareness its mountain subdivision. army of men would be thrown out of the land and of the railway’s of work, and Canada’s credit would In May 1885 the gaps in the relation to it, comments on the railway in the Lake Superior section be severely damaged on international thoughtfulness and courtesy of the money markets. had been completed so the troops CPR attendants, which Van Horne returned home in relative comfort. According to Berton at page 350, the had been at such pains to foster, Now all that remained was the picture of Macdonald in 1885 was amazement at the engineering line through the Selkirks and the that of a leader who had lost his marvels along the lakeshore Gold Range in British Columbia. way, stumbling from one crisis and at the speed and efficiency Onderdonk’s crews were laying track to another, propped up by bolder with which the troops reached from Eagle Pass Landing on Shuswap spirits within his cabinet… . His Winnipeg. Lake up the western slopes of the Gold policy of delay, which from time range, whereas James Ross’s crews to time had worked in his favour, Until the coming of the railway, all of the North West and the land were laying track from Revelstoke up was disastrous in 1885; it brought the eastern slope. bloodshed to the North West and beyond the mountains had been came within an hour of wrecking like a great desert with scattered On November 7, 1885, the last the CPR. oases of population, separated by spike was driven at Craigellachie in many days of travel, and each self- Then deliverance arrived from the Eagle Pass. Donald Smith was given sufficient unto itself. Now the cross- North West when in March of 1885, the honour as the eldest of the four fertilization process had begun. At Riel and his metis followers rebelled. CPR directors present. It was an last Canada had an accessible frontier Van Horne acted swiftly to assure the ordinary iron spike, similar to the from which to draw new strength, new government that the CPR could move thousands used by tracklayers along blood, and new ideas. troops from Central Canada to the the long line of the track. Qu’Appelle region in 10 days. Based Riel saved the CPR. But not A silver spike had been made for on his experiences during the American immediately. The government did the Governor General Lord Lansdowne to Civil War, Van Horne insisted that not rush to enact a further and vitally present to the CPR but he had returned the CPR also be in control over the needed subsidy as the CPR urged. to Ottawa when the completion of the movement of food and transport. Macdonald continued to vacillate until line was delayed by weather.
Volume 19 Number 2 Summer 2010 The Scrivener 63 Congratulations Lois May Sheffield Lambert on Your 100th Birthday!
Retired Nelson Notary Lois with her grandchildren / C-003693 Canada et Archives / Bibliothèque Canada and Archives / Library Ross Alexander Credit: Donald Smith drives the last spike at Craigellachie to complete the Canadian Pacific Railway
Smith’s first attempt bent the REFERENCES spike; it was pulled out and quickly Barman, Jean, The West Beyond the replaced by another. After the spike West: A History of British Columbia, was driven and the ceremony ended, University of Toronto Press, 1991. it was removed because it was feared souvenir hunters would tear it out. The Berton, Pierre, The Last Spike. And with her great-grandchildren actual spike was given as a gift to the The Great Railway, 1881 – 1885, son of the patent office president at McClelland and Stewart Ltd., Toronto, About 100 family members and the time, and is still in the family’s 1971. friends gathered on June 13 at the possession, fashioned into the shape Cail, Robert E., Land, Man and the Galt Museum in Lethbridge, AB, of a carving knife. Law. The disposal of Crown Lands to wish Lois well and reminisce The famous photograph (above) in British Columbia, 1871 – 1913, about the past century. She was of the ceremony includes many of the University of British Columbia Press, honoured by her grandchildren and men who played a major role in the 1974. greatgrandchildren, as well as many completion of the railway—George Jackman, S. W., Portraits of The officials. After a delightful lunch, Stephen, Donald Smith, Van Horne, Premiers. An Informal History of British guests toured the museum and Sandford Fleming, Major Rogers, and Columbia, Gray’s Publishing Ltd., truly enjoyed this most appropriate Andrew Onderdonk. Appropriately, the Surrey, 1969. setting for the occasion. The guests photo includes the workmen who had were thrilled to receive copies of toiled to complete the track. Ormsby, Margaret A. British Columbia: The Scrivener that contained the a History, The Macmillan Company It was a simple ceremony. A short article about Lois: of Canada, 1958. “Where Are They speech by Van Horne stating, “All Now?” Winter 2009, I can say is that the work has been Waite, P. B., MACDONALD His Life Vol. 18, No. 4. done well in every way,” ended the and World, McGraw-Hill Ryerson Ltd., formalities, then the dignitaries Toronto, 1975. Esther Lambert, boarded the trains to depart either to See also Wikipedia, the free s Lois’s the Pacific or to return to Montreal. encyclopedia, at http://en.wikipedia. Daughter-in-Law To be continued . . . org.
64 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 allied professionals BCLS Graduates January 1, 2010
Andrew Hall Michael Thompson
Ryan Gordon Parker Minard Association of BC Land Surveyors Board of Management 2010 and Executive Director Back Row: Ian Lloyd (Member), Nigel Hemingway (Member), Mike Thomson (Surveyor General), Shauna Goertzen (Member) Middle Row: John Armstrong (Past President), Mike Taylor (Member), Chuck Salmon (Secretary/Registrar) James Cheng Mark Budgen Front Row: Peter Mueller (Vice President), Richard Wey (President), Janice Henshaw (Executive Director) Recent LTSA Board Appointments The Land Title and Survey Authority is governed by an 11-member Board of Directors responsible for strategic oversight of the LTSA’s business and setting policy. The Board is accountable to the “principals” of the LTSA, Cameron Henry Colin Ferguson namely the users of BC land title and survey systems. These individuals were recently appointed to the Board. They include 3 new members* and 1 re-appointment.
Scott McPherson Tyler Mikkelson
Bert Hol Jeannie Kanakos Victoria Kuhl Peter Baran Mr. Gordon (Bert) Hol*, nominated by the Association of British Columbia Land Surveyors; Ms. Jeannie Kanakos*, nominated by the Province of British Columbia; Ms. Victoria Kuhl*, nominated by the Union of British Columbia Municipalities; and Mr. Peter Baran, nominated by the British Columbia Association of Professional Registry Agents. Jiunhan Keong
Volume 19 Number 2 Summer 2010 The Scrivener 65 LEISURE Summer Reading
Reina Del Sur The Wayfinders: Why Ancient Wisdom The Concubine’s Children Author: Arturo Perez-Reverte Matters in the Modern World Author: Denise Chong Author: Wade Davis Reader: Ian Shearer Reader: Reader: Donna Stewart Filip de Sagher The Concubine’s Davis, a National Children, first This fast-paced thriller Geographic writer who published in 1994, will sweep you from the lives part of the time in spans three generations dusty streets of Mexico British Columbia, takes of Denise Chong’s to sun-drenched Spain you around the world family from the fall via Morocco and the and back in time to visit peoples of the last Chinese Emperor to the Straits of Gibraltar. who know things we don’t know. My Tiananmen Square Massacre. Acclaimed Spanish author Perez- favourite was the Amazonian people The concubine’s granddaughter Reverte, writer of bestsellers, The whose highest value is sharing. The Denise Chong has written an Flanders’ Panel and The Nautical greatest sin is to have resources and absorbing and unvarnished account Chart, among others, has done it refuse to share. “One poor person of her family’s history, divided again with Reina Del Sur—The Queen shames us all.” I liked it because between Canada and a home village of the South. The Ninth Gate with I need to have that value written on in South China. Much action takes Johnny Depp was based on Perez- my heart. place in Vancouver’s Chinatown and Reverte’s book, The Club Dumas. iconic places such as Woodward’s, Stanley Park, Strathcona Elementary The main character is School, and BC Collateral Pawn Teresa Mendoza, whose boyfriend’s Shop—the latter still plying its trade death throws her into the ruthless on Hastings Street. business of drug trafficking. Once innocence is lost, it becomes An eventual reunion in the family a question of survival in a dangerous village between Denise’s mother world where she ultimately becomes ©iStockphoto.com/LoopAll and her “lost” Canadian-born sister a legend—The Queen of the South. The Secret Life of Bees Ping provides a bittersweet meeting Author: Sue Monk Kidd as it becomes evident the family It’s a magnificent tale of love history has become irreparably Reader: Henry Boudin and betrayal with high-speed boat- distorted by distance and upheaval. chases across the Straits of Gibraltar, The Secret Life of Bees A fascinating read. music, lovemaking, and shoot- takes place on the outs. I was fascinated by the clever low country of South references to literary works. Alexandre Carolina in 1963. Tamara Drewe Dumas’ Count of Monte Cristo is The main character Author: Posy Simmonds never far away. is a 14-year-old girl named Lily, Reader: whose mother died under strange Marilyn MacDonald This woman does make circumstances when Lily was 4. The a difference—and not without the help little girl is brought up by her abusive When my book club of Notaries: “If the police jump you father and a black housekeeper. Civil decided to review and you have to throw the shipment Rights activities play a role in the 2 a “graphic novel,” overboard, let’s see how you justify women running away and seeking I was skeptical. A comic book? I was that without witnesses. …bottom line, shelter with 3 black women who are surprised to discover Tamara Drewe a notary is a guarantee for you as well bee keepers. Each chapter begins was an interesting adult story about as for them.” with a bit of apiary wisdom that marriage, infidelity, and betrayal. relates to Lily’s life experiences in Beautiful drawings on every page Indeed, even in the ugly learning about adolescence, love, life, add a whole new layer to the reading environment of drug trafficking, sellers justice, and happiness. The book is experience. I’ve since read a few other and buyers need an impartial witness a delight to read. I found it difficult graphic novels, most notably Cancer they can trust . . . to put down. Vixen by Marisa Acocella Marchetto.
66 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Whitewater Cooks at Home Author: Shelley Adams Reader: Laurie Salvador Photograph by Denise Rowe ©, PhotoSensitive Denise Rowe by Photograph For avid cooks, this is a must-have cookbook! This is Shelley’s second book and I understand the first one is equally as good. Although her original Halibut recipe is sensational. I always add my own “twist” to a recipe; my modifications are shown in red. Kevin Connell with his wife, Mariette. Kevin is now in Halibut with a Wasabi Pea Crust remission after treatment of a multiple myeloma, from Whitewater Cooks at Home, page 94 a rare cancer. Ingredients 2 ½ lbs. fresh halibut fillets 1 cup mayonnaise or { 1 cup wasabi mayonnaise (specialty store) 3 tbsp. sweet chili sauce 1 ½ cups wasabi peas,* chopped roughly or 150 grams of wasabi-covered cashews ground in the Embrace { blender + ½ cup of Panko crumbs (specialty store) * Wasabi peas are dried peas, roasted and coated with wasabi. They are available packaged or in bulk giving. at your grocery store. Method Join the fight against cancer. The Canadian Cancer Preheat oven to 400º F (200º C). Society is your best investment in the cancer cause. Cut halibut into 6 equal pieces. Your courageous gift brings hope to thousands of people Mix the mayonnaise and the sweet chili sauce together by funding outstanding research projects every year. in a small bowl. A gift in your Will, stock or cash is tax deductible and Put the halibut pieces, evenly spaced, onto a baking goes directly to the fight against cancer. sheet lined with parchment paper. Spread the mayonnaise mixture evenly on the top For immediate attention, please contact Toni Andreola of each piece of halibut. at [email protected] or 1 800-663-2524. Learn Press the chopped wasabi peas (or cashews and Panko) about the Estate Tax Eliminator Clause and request a free firmly into the mayonnaise coating on the halibut. copy of Your Personal Estate and Will Planning Guide. Bake at 400º F for 15 to 20 minutes until the halibut starts to flake and look opaque, and the peas (or cashews and Panko) begin to brown. Serve right away. Halibut will continue to cook after it has been removed from the oven. s
Laurie Salvador is the owner of Salvador Davis and Co., Notaries Public, in Sidney- By-The-Sea, BC. [email protected] cancer.ca
Volume 19 Number 2 Summer 2010 The Scrivener 67 Travel
Susan Davis
Ethiopia: Land of Beautiful Smiles
A very happy wheelchair recipient and two delighted Rotarians. That’s me on the right.
n October 2009, my husband of many of its members. They were Our next visit was with AHOPE going to take us to see some of the Ethiopia, which provides specialized Dan and I, both Rotarians, projects in Addis on which they had care to HIV-positive orphans and set out on a trip that would worked. vulnerable children. We met with the I caregivers and some of the kids. forever change our lives and our Our first stop was the Cheshire Rehabilitation Centre where people Late in the afternoon, we were perspective of a country about who have lost limbs or the use of their returned to our hotel where we had which we knew very little. limbs due to polio, landmines, or the opportunity to meet the rest diabetes are fitted with prosthetics or of our contingent—a total of about 40 Together with six other Rotarians braces or given wheelchairs to aid their Rotarians from Canada and western from Vancouver Island, we flew mobility. We met people learning how from Victoria to Seattle, then to to use their new prosthetics and many Washington, DC, where we boarded Air children in various stages of recovery Ethiopia for the extremely long flight to from leg-straightening surgery and Addis Ababa, Ethiopia. rehabilitation. Others were awaiting further surgery to repair a deformity. We were headed to Ethiopia to This centre also provides surgery to take part in the Rotary International people with severe facial deformations. Polio Plus awareness and immunization campaign. Although the wild polio virus is not currently endemic in Ethiopia, Together with six other it does remain so in nearby countries, so it is critical that the supplemental Rotarians from Vancouver vaccines continue to be administered to Island, we flew…to Addis the children. Ababa, Ethiopia. We arrived in Addis at 8:30 in the morning and hit the ground running. Lunch at the Centre was our first We dropped off our bags at a former taste of Ethiopian food. The main staple palace that has been converted into of the diet is a slightly sour, spongy a “garden hotel,” then returned to the flatbread called injera that they use to lobby to meet our Addis hosts. eat the wat (stew). Although the stews They were members of the Entoto and the other dishes were delicious, Rotary Club, which conducts its I was unable to acquire a liking for the
meetings in French, the first language taste of injera, but Dan sure enjoyed it! ©iStockphoto.com/FotografiaBasica
68 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Washington State. In the evening, our In the afternoon, we were taken to group attended a dinner where we were ACEDE—Accuiel Enfants d’Ethiopie. treated to more Ethiopian fare and ACEDE provides training for homeless displays of cultural music and dance. women and runs a crèche and kindergarten for their children. The Feeling somewhat bedraggled from mothers are taught skills such as our long trip and busy day, we were weaving—traditionally men’s work in very happy to put our heads down for Ethiopia, and sewing and embroidery. the night. Once they are proficient in their craft, The next morning, the entire the organization provides them with group met for a breakfast meeting the tools they need for their trade and, and a debriefing of the previous day’s if needed, daycare for the children events. Then we were taken by our while the women work to earn money hosts to AWARE house, a self-initiated to care for their families. Kindergarten children lined up to receive project run by a remarkable couple the vaccine. from Germany, The project started in 1992 when the pair opened their Feeling somewhat after severe or failed childbirth a hole doors to extremely impoverished bedraggled from our long can develop between either the rectum children, ages 4 to 18, who had no trip and busy day, we were or the bladder and the vagina. Women other opportunity for education. Since who suffer from Fistula are typically then, AWARE has expanded; up to 75 very happy to put our heads incontinent and develop severe children and—in some cases, their down for the night. infections, resulting in their emitting mothers—are housed and cared for in a terrible smell. The women we saw the private compounds. in the home were either waiting for The following day, after our surgery or recovering from it. The children are schooled breakfast information meeting about until they reach an education level the next day’s journey to Harar and our Many women with that condition sufficient for gaining admittance to participation in the Polio Plus program, are deserted by their husbands and a local private school. The mothers are we were introduced to Becky Kiser, ostracized by their villages. Because also schooled or trained and everyone they must be self-sufficient once an amazing woman from Colorado receives appropriate medical care, they recover from the operation, they Springs, Colorado; her organization, counselling, and therapy. receive schooling and training to Women for Women Foundation, Inc., enable them to provide for themselves. At AWARE house, we all were runs a home called “The Trampled reduced to tears listening to children Rose” for women with the severe On the fourth day, we were who had experienced deep poverty medical condition known as Fistula. up at 5:30 a m to catch the bus and extreme trauma sing enthusiastic for the 11‑hour journey to Harar, renditions of Don’t Worry, Be Happy When adequate medical care is approximately 550 kilometres east and We Are the World. not available during labour or delivery, of Addis. Our group—together with
Kindergarten students at our campaign kick-off site
Volume 19 Number 2 Summer 2010 The Scrivener 69 several Rotoract students from introduced to the Rotoract students, At one point, one of our team the local universities—travelled and local medical workers were members, Maria, a dance teacher in a convoy of 1 bus and 2 large assigned to each group, to assist in Courtenay, had a large group vans. The cargo included several us and serve as translators. Once of children doing The Macarena as wheelchairs, mosquito nets, and other the speeches, introductions, and we walked along, much to everyone’s supplies needed for the campaign. formalities were completed, each delight. team set out to its assigned district. This trip was an outstanding Our group returned to Harar for opportunity to see the countryside Our team walked to the nearby a late afternoon lunch break, then and wildlife along the way. The pace village, then went door-to-door to look went to a nearby small town to carry was at times hampered by herders for children under the age of 5 to give on with the immunization. The terrain passing through with their animals but them the polio drops. Very quickly, our there was quite different; we found everything was new and exhilarating to contingent drew a huge crowd, with ourselves navigating steep V-shaped us, so time was not an issue. many children following or running trails between housing compounds. It ahead to tell people we were coming. was clear that during the rainy season, We took our bathroom breaks at It was quite apparent that the local those trails turned into small rivers. the side of the road—men on one people are aware of the campaign side and women on the other—where Once again, we attracted a large because they appeared to be waiting we would quickly attract curious local bunch of curious children who acted for us. The people were most receptive children. Although it appeared we were as our guides through the maze of the to having their children get the drops, in a deserted area, there were always compounds. although not all the kids were 100 people close by. percent cooperative. Later in the day at the hotel, we We arrived at our hotel in Harar in met a videographer who was travelling the late afternoon. “The Ras” was to with our group’s representatives from be our home for the next 3 days. Our This trip was an outstanding the Canadian Wheelchair Foundation. hotel was described in my guidebook opportunity to see the He told us that some people were as “a cross between a boarding school countryside and wildlife waiting on the sidewalk in front and a psychiatric institution. Think of the hotel to be given some of the Soviet-style décor, overpriced rooms, along the way. wheelchairs we had brought with us. bare corridors, and our staff… .” He wanted to film representatives from It certainly was an experience but, Some stood quietly with their Canada opening the boxes, setting up at $10 a night, we really couldn’t heads tilted back and mouths open; the chairs, and helping the recipients complain. It did provide a backdrop for others wriggled, kicked, and screamed, into them. We happily obliged. some great bonding in the lobby and then tried to spit out the drops. One of the recipients, an elderly on the terrace because no one wanted Immediately after their “ordeal,” the man who had lost the use of his legs to spend any time in the rooms. application of a brightly coloured The following day, we were sticker from Canada to their arm or transported 30 kilometres to the site hand quickly brought their tears to of the kickoff of the polio eradication a halt. I was really glad we had the campaign—a slew of pickup trucks stickers with us because they were with benches inside for seating and well received and added to the novelty canopies outside for shade. We were of our being there. As the drops were given, the children’s baby fingers were inked with a permanent marker as were the doors of the houses where the children resided. That would tell future teams that the children in those homes had received their drops.
Two drops of the vaccine can make A sticker on the hand helps Administering the drops all the difference in a child’s life.
70 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 later in life, lived alone. From his Again, the stickers were a big hit. position on the ground, he found it As soon as the children figured out very difficult to look after himself or the stickers were given only to those cook food. who received drops, they went off and brought back kids who had been Another was a man in his late 20s immunized by other health workers who had lost the use of his legs in earlier that week but who had not an accident. He wore flip-flops on his received stickers. They showed me the hands to propel himself. ink marks on their baby finger to prove A third recipient was a middle- they had received drops. They couldn’t aged woman who had not been able to speak English, but they sure got their walk for her entire life. point across! One of those coveted stickers All three were extremely grateful. Again, we were moved to tears by Again, we were moved to beautifully arranged vegetables, fruits, the experience of helping people so and spices; people haggled over desperately in need. tears by the experience prices; others scurried here and there, of helping people so some carrying huge loads of goods. The next day, in a more remote desperately in need. Animals were underfoot. Together, area an hour away, we spread out into they created a cacophony that made the nearby villages in small groups of 2 the narrow, winding streets feel Rotarians, 2 Rotoract students, and After we finished the welcoming. local clinic workers. That allowed us to immunizations, we returned to Harar. have much more personal contact with Along the way, we met up with Four of us walked to the ancient walled the villagers and we were able to interact one of the recipients of a wheelchair city that was the original Harar—a holy with them on a one-to-one basis. from the previous day. He greeted us place for Muslims—that contains 110 warmly and asked to have his picture Although language was mosques and is home to more than taken with us. Later, we saw the a barrier, everyone quickly learned 33,000 Hararis. It is a spellbinding woman who had received a wheelchair. to use gestures, smiles, and hugs place, filled with Islamic and Christian Now they were mobile in their as communication that everyone history and a fascinating spider’s-web community. understood. The inquisitive children labyrinth of streets, each leading to were our boisterous companions, many the large central square. Early the next day, we left The Ras to of them wanting nothing more than to begin our journey back to Addis where we hold the hand of a farangi (foreigner) as Various street vendors were selling said goodbye to several team members. we walked from hut to hut and to see anything you could imagine or want. Some were embarking on adventures their picture on our digital cameras. Colourfully dressed women offered to other parts of Ethiopia. Those of us
More of the children from the village The healthcare workers and children from the village and me watching us from the gate of a housing (at the back under the floppy hat, sunglasses, and yellow vest) compound
Volume 19 Number 2 Summer 2010 The Scrivener 71 Dan set up the computers I left a piece of my heart our hosts had been given and the in Ethiopia… excitement of the children was unbelievable. Many of them had never seen a computer but they quickly enjoyed a historical tour of Ethiopia, worked out how to enter their names visiting Axum, Gondar, Lalibela, and on the screens in front of them. A mob Bahir Dar. That trip is another article, quickly gathered and everyone wanted but I do want to say we visited some to take a turn. The thrill of something of the most fascinating sites of ancient new was invigorating. times we have ever seen. I left a piece of my heart in We spent 4 more days in Addis Ethiopia and plan to return someday A not-so-pleased response to the drops and were able to do more extensive soon to do what I can to help some sightseeing. Our Entoto Rotary club of those beautiful souls I had the who remained in Addis visited the hosts were ever so gracious to show us privilege of meeting. My greatest presidential palace for a reception. Many around and invited us to attend their gratitude goes to Rotary International local dignitaries and representatives regular weekly Rotary meeting. and the extremely dedicated from the World Health Organization Rotarians who organize this campaign, and from local Rotary groups, as We revisited AWARE house, this year after year. well as Rotarians from our delegation, time for a full day. I worked one-on-one addressed Girma Wolde-Giorgis, with a young boy who had just been Two books I recommend that impart the flavour of the areas we president of Ethiopia, to recognize the taken in and who was very nervous visited—both fiction, based on government’s role in allowing Rotary to be in this strange setting. Because history—are Sweetness in the Belly by to carry out its efforts toward the of my inability to speak Amharic and Camilla Gibb and Cutting for Stone by eradication of polio, as well as the efforts his inability to speak English, we Abraham Verghese. s of the many Rotarian volunteers. communicated by drawing pictures. My After the Rotary portion of our trip (lack of) drawing skills had him laughing Susan Davis is President was complete, a very small group of us and showing off his (much better) skills. of The Society of Notaries Public of BC. Business to Business
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72 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Wills & Estates
Trevor Todd Judith Milliken QC Disclaimer: Thanks, But No Thanks
or a variety of reasons, informal. A disclaimer can be done that an estate cannot be forced on in writing, by contract, under deed, a man, and that it should not be a beneficiary under a Will or even through conduct. All that necessary to go to trouble or expense to or trust may decide that he must be demonstrated by the person show that the gift was not accepted. F entitled to inherit is to immediately, Note, however, that while she or it does not want to accept and before dealing with it, renounce a disclaimer can be made at any time the gift. the interest by in effect saying, “I will before the beneficiary has derived any not be the owner of it.” benefit from the assets, the disclaimer It is trite law that our courts will cannot be made afterward. A. R. Mellows, not force a person to accept a gift The Law of Succession, page 508. against his or her Will. A beneficiary is It is trite law that our courts allowed to disclaim his or her interest. will not force a person Must Be All or Nothing The legal effect is that the gift is to accept a gift against The law is clear that where there is deemed to be void ab initio, as if it a single undivided gift, the donee must had never occurred. his or her Will. take the whole gift or disclaim the whole gift: He or she cannot disclaim Were that not the case, imagine part. This principle was set out in the the glee that ill-intentioned testators The decision of Re. Moss, (1977) following. would enjoy, bequeathing and foisting 77 D.L.R. (3d) 314, demonstrates that Guthrie v. Walrond (1883), L.R. their liabilities and environmentally a disclaimer can be valid by informal 22 Ch.D 573: The gift in question damaged property on the horrified and acts as well as by deed. was “ ‘all my estate and effects in the innocent beneficiary. An elderly man was chewing tobacco island of Mauritius.’ ” The court held on the lawn of the premises of the There are exceptions to the right that the donee could not pick and Penticton Congregation of Jehovah’s to disclaim that are based upon the choose the estate assets, and instead Witnesses. He was a member of that existence of a legal or equitable must take all or nothing. obligation to accept the conveyance Kingdom Hall. As a result of his Green v. Britten (1873) 42 L.J. Ch. of property. These situations are rare, impropriety, he was excommunicated. 187: There was a gift of six leasehold however, and are more likely limited He died shortly thereafter; he villas together with an ornamental park, left a Will leaving his estate to the to situations such as where a trustee for life. The court held that this was one same Congregation. The Church has agreed to accept a conveyance entire gift and the recipient could not elders considered the matter and of property. take the villas without the park. The purpose of this article is to voted in their minutes to disclaim the look at some of the circumstances in inheritance on the basis that it was Retroactive to Date of Death which a beneficiary might decide to improper for them to accept it from an A disclaimer once made is retroactive disclaim an inheritance, and the legal excommunicated former member. to the date of death of the deceased. consequences arising therefrom. The court concluded after a review A beneficiary who disclaims a gift is of the authorities that a disclaimer may refusing to acquire the property of Requirements of Legal Disclaimer be made by informal acts as well as by another, and the effect of the disclaimer The legal requirements to validly deed. Townson vs. Ticknell (1819) 3 B is that the property is never acquired. disclaim a gift are minimal and & Ald. 31 was cited for the authority Re. Metcalfe (1972) 3 O.R. 598
Volume 19 Number 2 Summer 2010 The Scrivener 73 Where an intestacy occurs, the but he did not convey property by next of kin are to be determined, the disclaimer, thus it could not be prima facie, as of the date of the categorized as a fraudulent conveyance. testator’s death unless there is Similarly, in Bank of Nova Scotia sufficient indication in the Will to v. Chan, 68 C. B. R. (N.S.) 118, five some other effect. McEachern v. beneficiaries under the deceased’s Mittlestadt (1963) 46 W.W.R. 359 Will were named as co-defendants Where Does in an action brought by a judgment the Disclaimed Interest Go? creditor of one of the defendants. The Gifts that fail, or are underdisposed creditor alleged the debtor defendant of, fall into the residue; if the residue had conveyed his interest in the estate fails, then an intestacy results. with the intent to defeat or defraud Where a residuary gift fails, there is creditors by disclaiming his interest in a resulting trust in favour of the next the estate. of kin of the deceased. Where no contrary intention appears from the One of the most profound Will, the disclaimed residue goes on in intestacy. Re. Stuart (1964) 47 results that can occur after W.W.R. 500 a disclaimer is acceleration. In Re. Backhouse (1931) W.N. 168 (CH.), a specific legacy that was The court held that a conveyance disclaimed passed as a gift under the under the Fraudulent Conveyances Act residuary clause. does not include a disclaimer of the Disclaimer beneficiary’s entitlement under a Will. Not a Fraudulent Conveyance The court further mentioned that if it were found that the defendant had In Mulek v. Sembaliuk (1985) 2 received a kickback for giving up W.W.R. 385, the husband and wife his interest in the estate, then that were married in 1969 and had would be a benefit, and would not be four children. Ten years later, the husband’s father died and left him a truthful disclaimer, but instead an an inheritance. Following the death, assignment, which might very well be the parties separated and divorce a fraudulent conveyance. LeaveLeave aa LLegacyegacy proceedings were commenced. Acceleration The husband ran up significant One of the most profound results in yourin Your Wi WillLL arrears of maintenance and alimony. that can occur after a disclaimer By remembering remembering Variety Variety – -The The He disclaimed his interest in his is acceleration. Black’s Law Children’s Charity Charity in in your your will, will, father’s estate, which had the effect Dictionary, revised 4th edition, you can help children who have of preventing his wife and children 1968, defines acceleration as “the from acquiring funds to pay the arrears special needs needs in in the the province. province. shortening of the time from vesting and ongoing maintenance. in possession of an expectant Your generosity will provide hope, Your generosity will provide interest—hastening of the enjoyment enrich lives, and build a better At trial, the wife was granted an hope, enrich lives, and build of an estate which was otherwise future for children like Xander. order setting aside the husband’s a better future for children disclaimer on the basis it was postponed to a later period.” likeFor Xander. more inFormation on a fraudulent conveyance. The decision Clarke v. Di hoW Forto Lmoreeave info a L .egacy: . . The husband successfully Bella 2010 BCSC 505 is a good Call (604)Call 320-0505 (604) 320-0505 or appealed that decision. example of an acceleration following a disclaimer. Toll-freeToll-free 1(800) 1 (800) 381-2040 381-2040 The Court of Appeal held that or visitVisit our ourwebsite website at at disclaimer operates by way of avoidance, Mrs. Bushby died in July 2007, www.variety.bc.ca/legacywww.variety.bc.ca/legacy. and not by way of disposition. The leaving a Will dated January 2004 and husband was not under any legal or an estate valued at $600,000. A trust equitable obligation to accept the was created in her Will for the lifetime bequest simply because he had an of her only daughter, with the residue obligation to support his dependants. of the trust remaining divided equally At the moment of the disclaimer, the among those of the daughters and husband had the right to the property, nieces/nephews alive at the time of her
74 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 death. The Will also provided that if any 2. In assessing whether there is The court held that the daughter of those nieces/nephews predeceased an intention to the contrary, was at liberty to disclaim her the daughter, and they themselves had the court must look at both the entitlement under the trust, and the children, their children would receive instrument and the surrounding interest in the estate of the nieces/ their deceased parent’s share. circumstances. nephews was accelerated so that they each inherited one third of the estate At the time of the hearing, the 3. The instrument must be examined upon attaining the age of 25 years (an daughter had three nieces/nephews, in its entirety and clauses must age stipulated by the testatrix). s ages 28, 26, and 23, who in turn did not be examined in isolation. not have any children of their own. 4. The intentions must be viewed, Trevor Todd restricts his practice The daughter and her three as nearly as is possible, from to Wills, estates, and estate litigation. nieces/nephews brought an action what would be the views of the He has practised law for 34 years and jointly, where the daughter wished to testatrix, applying an objective is a past chair of the Wills and Trusts renounce her interest in the trust and standard. (Vancouver) Subsection, BC Branch have the property vested immediately of the Canadian Bar Association, and and absolutely in her three nieces/ a past president of the Trial Lawyers nephews equally. Acceleration is presumed Association of BC. Trevor frequently The application was opposed by unless there is an indication lectures to the Trial Lawyers, CLE, the Public Guardian and Trustee on to the contrary. and the BC Notaries and also the basis that the acceleration would teaches estate law to new Notaries. improperly extinguish the contingent His Website includes 30 articles on interests of unborn beneficiaries The court held that while it is clear of the Will. that the testatrix intended to provide various topics of estate law. for her daughter, there is nothing to The court set out four clear suggest that the daughter could not Judith Milliken QC has practised law for principles relating to acceleration. disclaim that protection and provide 33 years in the areas of commercial law, 1. Acceleration is presumed unless immediately for those who eventually criminal law, and most recently estate there is an indication to the would have benefited from the litigation. She practises estate litigation contrary. provisions of the Will upon her death. together with her husband Trevor Todd.
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Volume 19 Number 2 Summer 2010 The Scrivener 75 WINE COLUMN
Bernard Hoeter, PhD
The Story of Carton Wine
he Greeks and Romans Mediterranean filled with olive oil-sealed The invention of strong glass barrels, the wines inside still drinkable. bottles and corks, combined together, shipped their wines, Only after strong glass bottles were first made the large-scale bottling made either in Greece or made in Moravia, in the modern Czech operations of today possible. T Republic, did the wine industry begin Expensive Cork Asia Minor, in large clay containers replacing the olive oil sealant with what we know today as corks. By the 20th century, both cork and or wooden barrels. glass had become expensive, with the cork trees of Portugal, the world’s Upon arriving in Rome, the Numerous shipwrecks Romans transferred the main supplier, almost exhausted. As wines from these containers have been discovered in a result, people began experimenting to clay vessels called the Mediterranean Sea, with alternatives. Glass stoppers of $100 each were at one time popular amphorae, used both for local filled with amphorae that storage and drinking. with the most expensive wines; it were being shipped from was at that time that the plastic bag Both the amphorae and the Asia Minor and Greece. was first used with wines, as was the shipping containers were sealed screw-top on bottles. not by cork, which was unknown at that time, but by olive oil. Numerous At first, “bag wines” were only shipwrecks have been discovered in the lower-class wines; people who paid $10 to $20 for a consumer wine still demanded a corked bottle to allow the wine to breathe. Eventually, mid-range wines replaced corks with screw-tops, while upper-range wines persist with corks today. Bernard Hoeter Bernard Credit: Photo
Bernard Hoeter Bernard Credit: Photo 10¢ to CAN$1: The higher up the trunk, Duro River with Port Wine boats. This 19th 5¢ to 10¢: Oak tree, debarked the better the cork quality gets and, century bridge was designed by Eiffel, at the bottom. Result? Cheap corks. of course, the higher the prices. of Eiffel Tower fame.
76 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Competition from the Bag Today, however, a bag within a paper Notaries Serving at Union Gospel Mission at Easter carton has come into being. Developed in its most recent form by German On Good Friday, May 9, wine merchant Wolf Wiler, this “Bag- Union Gospel Mission in-Box (BIB) packaging” consists of served 2835 meals to a plastic bag connected to the opening help make Easter a bit of a carton by a small tube. more special for members The bag-in-box is practical, of their community. inexpensive, and a good alternative They are grateful for the to the traditional bottle. A vintner assistance of the four can deliver 2.5 litres of decent wine BC Notaries who joined in a BIB carton for only €1; a normal other volunteers to help bottle of young wine—a third or less serve the many who lined of what the BIB carton holds—costs up for a wonderful meal. €2.50 in Germany. Additionally, BIB BC Notaries Esther Chiu, Doug Parton, Susan Chong, and Rosario Kuhrt packaging generates less waste; only the plastic hose and sometimes the bag are garbage, while the carton can be recycled almost anywhere. HOPE FOR THE HUNGRY, HURTING AND HOMELESS Although associated once only with low-quality, high-alcohol wines that often spoiled, BIB packaging is STEREOTYPE becoming quite popular in Europe. “ Poor kids on the Downtown Eastside can’t be The Sicilian D’Niro winery offers high- quality wines in BIB packaging and helped; their parents are too messed up. has received positive reviews for it. Much of the wine bought for European ThERE’S nO hOPE.” garden parties and the like are now purchased in BIB packaging. At Union Gospel Mission, we hear these Even more success has been kinds of stereotypes all the time. Like had in Australia—where half the you, we believe every person has a light wines produced in that country story, and all deserve to be treated are now sold in BIB cartons—and in with dignity. Scandinavia. According to the German Wine Institute, BIB cartons account The proven continuum of programs at for 55 percent of the wine sold in UGM helps ease the burden of the most Sweden, 53 percent in Norway, and vulnerable and give them the support 34 percent in Finland. they need to build bright futures. Despite claims to the contrary, the A gift through your estate is the best materials used in BIB packaging allow the wine to breathe and weigh 30 way to give families hope for generations to come. Please consider leaving a percent less than bottles. s charitable bequest in your Will. Dr. Hoeter became the Acting Secretary Your gift can create a legacy of hope for our community. of The Society of Notaries Public of BC in 1963; he officially assumed the post in 1969 after the death of Alec Matthew, MLA, and remained Secretary until 1986. Dr. Hoeter suffered a stroke in 2006 and has been abed since then. He is assisted For more information on leaving a bequest, by UBC History student contact Carey Bornn at 604.215.5441 or David Leggett, who [email protected] types dictation and does ugm.ca supplemental research.
Volume 19 Number 2 Summer 2010 The Scrivener 77 Honours & Events PEOPLE
BC Notary Ran for a Cause at Marathon de Paris, April 2010 Burnaby Notary Editha Corrales Nelson crossed the finish line “after 42.195 kilometres of hard work. I achieved BC Notaries Brenda Balogh (left), a goal and I helped a cause. So David Watts, and Tammy Morin- far, I have raised 95 percent of my Nakashima (right) with Liberal goal—$6650 to date. The Vancouver teams raised over $86,000. With their MLA Mary McNeil, Minister of State for Paris The Olympics and Actnow BC, at an other chapters across Canada and Open House at Yew, an elegant dining the United States, they raised over room at the Four Seasons Hotel in $1.2 million. Thank you sooooo much Vancouver. The chefs served exquisite for your contribution and your support. mini dishes of superb creations such “A special thank you goes to as black cod, green pea risotto, lobster my father who kept me company risotto, and black cherry cheesecake! throughout the entire race. He pushed me and carried me to the finish line. I knew I could always count on him, no matter what. May he rest in peace. “When you make a donation to the Leukemia & Lymphoma Society of Canada, you help accelerate cures for leukemia, lymphoma, and myeloma and you bring increased BC Notaries Norm Witt and Trish Fedewich with their children Rachel and Michael hope to the patients and families who in a cave in Akumal, Mexico, on the are on the front lines of the battle Mayan Riviera in March 2010 against those diseases.” Editha
Where in the World has The Scrivener Been?
Sabrina Hanousek and her 16-year- old son Nathan (who took this picture) had a fantastic time in Egypt during Trevor Todd with Long Neck women, Spring Break in March. Ilse Lake, Central Burma
Elsie McManus in front of Edinburgh Castle with The Scrivener. “Eyjafjallajokull, the Iceland volcano, delayed our flight El and Noreen Fedewich visit Devil’s Island, by 7 hours going to Scotland and 1 hour part of French Guyana. The island was BC Notary Stephen Chong and his wife coming back. My brother was delayed a notorious 19th century penal colony Marina Yip and The Scrivener enjoyed 1 day coming back to Canada and was made famous in the film Papillon. a Hawaiian cruise in May. 24 hours in transit!”
78 The Society of Notaries Public of British Columbia Volume 19 Number 2 Summer 2010 Mortgage transactions simplified
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ur guest speaker at this special event will be Trevor linden, former nHl oplayer, nHl Players association President, and Vancouver Canuck icon. Known as one of the game’s classiest players—on and off the ice, the former captain of the Vancouver Canucks will speak about leadership and excellence. The evening will include a reception with live music beginning at 6 pm, followed by dinner at 7 pm. mr. linden will sign autographs after dinner. more live music will round out the evening.
Please join us for this spectacular event! Trevor Linden
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Thursday, REGISTER NOW. ReIBC members: September 30, 2010 www.reibc.org/page/events.aspx $100 + tax 6 pm THe Real eSTaTe InSTITuTe non-members: Pan Pacific Hotel of BRITISH ColumBIa $150 + tax 999 Canada Place 604 685-3702 Vancouver, British Columbia [email protected] • www.reibc.org