INSIDE: Stratas

Transcription

INSIDE: Stratas

Summer 2013
Volume 22 • Number 2
Published Quarterly by The Society of Notaries Public of British Columbia
Scott Ullrich, Strata Management
INSIDE: Stratas
Publications Mail Agreement: 40010827
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FEATURES
The World Organisation of Notaries
THE CEO/SECRETARY OF THE SOCIETY
History in the Making
Wayne Braid
6
7
KEYNOTE
Stratification8
Val Wilson
THE PRESIDENT OF THE SOCIETY
Strata Properties: Know What You Are Buying
John Eastwood
Strata 101.1
What is Strata?
9
10
Ian Callaway
Strata 101.2
Who Controls the Strata?
13
Ian Callaway
Strata 101.3
Voting: 2 + 2 = 4? Not Always
Ian Callaway
Strata 101.4
Understanding Fees and Expenditures
Ian Callaway
Strata 101.5
Strata Property Insurance
15
Property Appearance, Use, and Responsibility
Ian Callaway
Strata Property Law and Law Reform
33
Demystifying the Depreciation Report
35
Depreciation Reports Mandatory
for Commercial Strata Property
38
Strata Living Downtown Style
40
A Day in the Life of Super Strata Managers!
45
Jim Emmerton, Kevin Zakreski Gina Ironmonger
Allan Beatty
David Watts
The Scrivener: What’s in a Name?
20
5
Spring Conference 2013
46
25-Year Club
48
The BC Notary Class of 2013
49
New Notaries: You’ve Done It!
50
Batman is Right!
51
Teaching Applied Legal Studies 601
52
A Student’s Perspective
53
Award Winners 2013
54
Marny Morin
Strata 101.7
Bylaw Issues
21
Ian Callaway
Strata 101.8
Checks and Balances to Delegated Authority:
An Antidote to Apathy
Ian Callaway
23
John Eastwood
Aatif Nanji STRATA 101.9
Communications27
Ian Callaway
Neil Boyd
An Insurance Adjuster’s Point of View Cindi Marsden
28
Jacqueline Tait
Civil Resolution Tribunal Act Tony Gioventu, Executive Director of CHOA BC
29
So You Want to Buy a Strata 30
Buying into a Strata Corporation
32
Tazmeen Woodall
4
42
What Does it Take to Become a BC Notary Public 26
STRATA 101.6
Margaret Rankin
Education First!
17
19
Ian Callaway
COVER STORY
MEET THE BOARD OF DIRECTORS
Philip Kanigan
55
BC Notaries Speak Your Language
71
Services a BC Notary Can Provide
74
The Society of Notaries Public of British Columbia
Volume 22 Number 2 Summer 2013
Building Better Communities, One Grant at a Time
The Board of Governors
60
The MiX
THE MATURE MARKET
New Awareness, on Both Sides of the Sale
Rhonda Latreille
TRAVEL IN BC
Published by The Society of Notaries Public
of British Columbia
61
Editor-in-Chief
Val Wilson
Legal Editors
Wayne Braid, Ken Sherk
62
Magazine
Committee
C.O.V.E.63
Filip de Sagher, Chair
Kate Manvell
Zoë Stevens
Marny Morin, Staff Liaison
PERSONAL PLANNING
Administration
Amber Rooke
Hooked on Whitewater
Bernie Fandrich
Notaries Help Families Give Back 64
Diane Haarstad
Editor’s65
LAW IN BC
A Brief Guide to the Small Claims Court
66
Quang Duong
COURTSIDE
The Vexatious Litigant
68
Trevor Todd, Judith Milliken, QC LETTERS71
TAXES
Death and Taxes: Here to Stay
72
Andrea Agnoloni
ALLIED PROFESSIONALS
ASTTBC 74
ORIGINAL RECIPE
Homemade and Healthy Dog Food
75
BUSINESS75
TECHNOLOGY
Tech/Eco-Run76
Courier Lightspeed Courier & Logistics
The Scrivener
Telephone: 604 985-9250
email: [email protected] Website: www.notaries.bc.ca/scrivener
The Society of Notaries Public of BC
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permission from the publisher. This journal
is a forum for discussion, not a medium
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in any sense, endorse or accept responsibility
for opinions expressed by contributors.
Akash Sablok
HONOURS & EVENTS
PEOPLE78
Where in the World Has The Scrivener Been?
78
The Scrivener: What’s in a Name?
“A professional penman, a copyist, a scribe . . . a Notary.” Thus the
Oxford English Dictionary describes a Scrivener, the craftsman charged
with ensuring that the written affairs of others flow smoothly, seamlessly,
and accurately. Where a Scrivener must record the files accurately,
it’s the Notary whose Seal is bond.
We chose The Scrivener as the name of our magazine to celebrate
the Notary’s role in drafting, communicating, authenticating, and getting
the facts straight. We strive to publish articles about points of law and
the Notary profession for the education and enjoyment of our members,
our allied professionals in business, and the public.
The Scrivener
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5
I
The World Organisation of Notaries
W.O.N. represents and assists Notarial Organizations, within their respective
legal jurisdictions, in promoting the public’s employment of Notaries
as trusted individuals for transacting and streamlining trade, business,
commerce, and international matters.
W.O.N. is committed to improving professional development of the Individual
Notary and to the ongoing development of the Notarial Profession, within and
among the jurisdictions subscribing to the ideals and objectives of W.O.N.
PURPOSE
TO BRING TOGETHER, in an inclusive body, Notarial Organizations and
Individual Notaries from around the world to share—between and among
members in their relevant jurisdictions—the common goals of creating better
Notarial Services and improving trade, business, commerce, and international
matters
n this issue, we discuss
some of the very
complex issues regarding
the segment of home
ownership known in British
Columbia as Strata ownership.
This form of multiple ownership
within one building or with common
ownership of one or more buildings
is not unique to British Columbia.
This form of housing and building
occupation is in use in many parts
of the world. I have just returned
from the first-ever Conference of the
World Organisation of Notaries where
strata ownership was discussed
informally.
THE OBJECTIVES OF W.O.N.
1.To promote and advance the provision of the highest standard
of Notarial Practice throughout the world
2.To promote, develop, and facilitate more effective but secure means
of trade, business, commerce, and international matters between and
among Member Notarial Organisations
3.To meet at least once each year to promote the Notarial Profession and
educate and assist Member Notaries to better understand and implement
the appropriate Notarial Practice and procedures required to conduct
trade, business, commerce, and international matters around the world
4.To promote and develop common documentation, precedents, and
Authentic Acts acceptable to all Members
5.To promote, develop, and implement new technologies to better
communicate with and authenticate Notaries within Member Jurisdictions
and to use new technologies to authenticate Notarial Instruments and
Acts, with a view to increasing the efficiency of Notarial Services
6.To accept into W.O.N. as full Members all Notarial Organisations whose
Members meet the education standards set by W.O.N.
7.To ensure Member Notarial Jurisdictions have in place appropriate legal
education standards
8.To provide assistance to help improve the education standards of Notaries
to an appropriate level, where necessary
9.To assist in the provision of continuing education programs to W.O.N.
Members and increase the knowledge, skills, and proficiency of Notarial
Practice that they offer throughout the world
10.To work in cooperation with Notaries and other Notarial Organisations
around the world to promote raising the profiles of the Notarial Profession
6
The first annual conference
of W.O.N. was held June 14, 15,
and 16 at the stunning Royal Marine
Hotel in Dun Laoghaire, Ireland, near
Dublin. West Vancouver Notary Ken
Sherk is the inaugural President of the
organization.
James I. Sexton, Dean of the
Faculty of Irish Notaries, offered the
Welcome address. Professor Robert
Turner then presented a paper on
the English Notary and the Notary’s
place in the law of England and
Wales, followed by a discussion on
“Reflections of an Irish Common Law
Notary” by Dr. Eamonn Hall.
Friday evening, we were treated
to a reception and dinner at the
beautiful Royal St. George Yacht Club
on the Irish Sea. Created in 1838,
the Club is celebrating its 175th
anniversary this year. Delegates
and guests enjoyed the celestial
THE CEO/Secretary Of THE SOCIETY
Wayne Braid
sounds of harpist Finnoula Monk
and Canadian soprano Ambur Braid
delighted the crowd with three arias:
Marten aller Artern from Mozart’s
“Abduction from the Seraglio,” Duo
by Honeggar, and Piaf’s La Vie en
Rose. The next day, Chief Justice
Susan Denham welcomed delegates
to Dublin, saying it was appropriate
that the first annual conference of the
World Organisation of Notaries was
meeting in such an important place
The Notary plays
a significant part
in cross-border transactions.
of commerce, trade, and international
transport. FYI: The 2013 G8 Summit
Meeting was held that same weekend
in nearby Enniskillen.
The Notary plays a significant part
in cross-border transactions. Justice
The Scrivener
History
in the Making
Denham said that the Notary of the
21st century must of necessity adapt
to the revolution that is occurring in IT
and communications in the practice
of the Notary’s area of the law. The
involvement of a Notary provides
reassurance of validity to other
jurisdictions from an independent and
trustworthy source.
Professor Peter Zablud, Director
of Notarial Studies – Victoria
University Melbourne Australia and
7
KEYNOTE
Val Wilson
That afternoon, Professor
Jeffery Talpis of Quebec presented
a stimulating offering on “The
Challenge to Effective Cross-Border
Circulation of Notarial Acts.” Andrew
Johnson of Britain then outlined the
Crobeco Project, a joint effort featuring
digital-signature requirements for
conveying land in Spain.
On Saturday evening, the
Law Society of Ireland hosted an
outstanding dinner for the Notaries
and guests at the stately Presidents’
Hall, an impressive 18th century
facility in Blackhall Place, the Law
Society’s edifice. Traditional Irish
dancers performed for us.
On Sunday, the last day of the
conference, Vancouver lawyer
Todd McKendrick presented
a paper on “Defining the British
Columbia Notary’s Role.” A final open
forum saw many matters of common
interest discussed, as well as topics
for future conferences.
The conference ended with
a presentation by Joycean scholar
John Wyse Jackson who talked about
the life of famous Irish author James
Joyce and his book Ulysses.
The entire conference was
a tremendous success, with 152
delegates from 10 countries
participating. The next conference will
be held in 2015 at a venue yet to be
determined.
During those 3 days in Dublin,
the need for an International Common
Law Notary organization was strongly
confirmed and the idea fully endorsed
by those attending. s
8
T
his issue is ripe with
education about stratas.
When I mentioned our Summer
theme to an Edmonton land developer,
he remembered his Alberta colleagues
kicking themselves years ago when they
heard about Vancouver’s successful
move to building stratas. “Why didn’t
WE think of that?!” they lamented.
Tammy Morin
Nakashima, Second
Vice President of The
Society of Notaries
Public of BC, attended
the recent W.O.N.
Tammy Morin Conference.
Nakashima
“I was privileged
and honoured to participate
in the inaugural W.O.N. Conference
in the incomparable Emerald Isle.
We learned of Notaries’ roles and
responsibilities in various international
jurisdictions. Issues and proposed
resolutions were identified and
discussed; friendships were forged;
shop-talk took place. “I’d like to share information
I learned from Sheena Townley,
Solicitor and Notary Public
of Sandyford, Dublin 18, Ireland,
regarding the equivalent of what we
in BC call Strata title property. “Property is conveyed as freehold,
fee simple, or leasehold. What we
call a strata lot is known in Ireland as
a folio. Architects draw subdivision
Stratification
Chairman of the Board of Governors
of the Australian and New Zealand
College of Notaries, presented a
fascinating paper, “With Banners
flying and Notaries at the Ready,” and
later in the morning, Bill Kennair gave
us a look at the unique “Scrivener
Notaries” of London.
plans that identify folios. The prudent
legal practitioner has a purchaser
identify, on the recorded folio plan, the
subject lot that he or she is buying.
This issue is ripe with
education about stratas.
“During that process, Sheena
discovered the wrong folio number
was recorded against a strata unit,
which could have caused her client
to be given title to the wrong property.
Sheena’s due diligence prevented what
would have been a great expense for
her client to remedy in future. “While section 23 of our BC
Land Title Act states undersurface
rights belong to the Crown, the law
in Ireland declares a Treasure Trove
belongs to the government. Alas,
a pirate treasure discovered ‘neath
the old chestnut tree is not your
retirement fund! “With our clients travelling and
buying all over the world, the W.O.N.
event helped participants better
understand laws and the document
requirements in other parts of the
globe.” s
The following articles are an
overview. They are not intended
as legal advice. Contact your legal
professional for specific application
of the Strata Property Act.
THE PRESIDENT Of THE SOCIETY
Strata Properties:
Know What You Are Buying
A
s a BC Notary, I have
acted for many strata lot
homeowners, ranging from
young couples purchasing their
first home to retirees wanting
to downsize, plus the many others
who choose strata ownership
for a variety of reasons.
Strata ownership is a great
alternative to owning and maintaining
a house on a lot but buyers must
recognize it is a different form
of ownership. Those considering
a strata property should know exactly
what they are acquiring.
Strata councils are “local minigovernments” that administer the
Strata Property Act and the strata’s
rules. Those rules
•are contained in bylaws specific
to the strata development,
•are registered in the Land Title
Office,
•are usually updated from time
to time, and
•are available by searching the
strata plan.
The bylaws can include age
(over 55), pets, rental restrictions,
and more, intended to benefit all
owners but they impose restrictions
on the owners’ use of the property.
Parking facilities can become
contentious if buyers don’t know the
parking details associated with the
strata lot they are purchasing.
•Are the parking stalls owned
by the strata lot? (Usually not)
•Are they limited common property
with the right to exclusive use
that can be assigned to the buyer
by the seller? (Most common)
strata property is invaluable in the
purchase process and will ensure that
buyers receive the information required
to make informed decisions.
•Are they common property whose
use can be re-assigned by the
strata council upon sale? (Rare)
In this case, the most popular
stalls may be re-assigned to an
existing owner upon the sale
of a strata suite—the new buyer
may get the stall in the corner
behind a column.
A matter I referred to a litigation
lawyer (I happen to be related
to a couple of lawyers) involved
a proposed strata property purchase.
The buyer was my client.
The History of the Strata Building
Buyers need to investigate these and
other building matters.
•Has an engineering report been
obtained to determine the nature
and extent of potential problems?
•Have there been previous
problems with water ingression
in the building envelope?
•Has it been professionally
remediated?
•Are major works required
in the future?
•Is any legal action in progress?
•How much money is
in the contingency reserve?
•What could you do about
an adjacent owner smoking
on his patio or balcony?
Those questions and others
should be part of the contract terms
and conditions. As Notaries, we can
help you find the answers but, unless
the contract is conditional upon our
approval, by the time we become
involved it may be too late. A good
Realtor with knowledge of the particular
The Scrivener
www.TheBigPictureStudio.com
John Eastwood
The seller, after entering
into an unconditional contract to sell
the property to a buyer, dropped a lit
cigarette from his sundeck down
an open downpipe. The cigarette
landed on dry leaves. A fire started,
damaging his suite and requiring major
restoration work.
•The sales contract contained
a clause that required the owner
to maintain insurance until the
sale completed.
•The seller’s lawyer took the
position that the buyer remained
obligated to purchase the suite,
with possession after remediation
was completed, whenever that
might be. The original possession
date had been only a week away.
The law required the parties
to enter into negotiations to resolve
the matter. After each party incurred
legal fees, the buyer was released
from the contract.
While in theory the buyer
remained obligated under the contract,
in reality the seller was unable
to provide possession in a reasonable
time frame. Thankfully, my client had
a good lawyer.
Seek the assistance of experienced
professionals before you invest
in a strata home. s
9
STRATA FEATURES
Strata 101.1
Ian Callaway
What is Strata?
N
ot counting commercial
and mixed-use stratas,
BC’s Office of Housing
and Construction Standards
reports some 500,000
residential strata lots in BC.
With an average of 3.1 persons per
family, this translates to over 1,550,000
BC residents living in residential
stratas—a staggering 34 percent
of BC’s 4.6 million residents.
Strata living is more than
lifestyle—it’s a business marriage
of friends, neighbours, and strangers
forming its own unique cultural
identity ranging from blissful harmony
to abject dysfunction.
The terms condominium and
strata are often used interchangeably.
BC cemented a unique position
in North America by formally adopting
the word strata when it repealed the
Condominium Act and proclaimed
the Strata Property Act (the Act) on
July 1, 2000—a document currently
comprised of 297 applicable sections.
(§§ 1 to 34, 34.1 to 173, 173.1 to 276, 276.1 to 293, 322)
(Reg. 1.1 to 17.22)
What is a Strata?
Each strata’s genesis occurs with the
original developer filing a strata plan
for a building(s), land, or both with
BC’s Land Title Office—the start
of the eternal marriage between
strata lots and the strata corporation.
(§§ 1, 2) (Reg. 14.4, 17.14)
10
Regardless of form, number, or
size, each individually designated
strata lot on the strata plan has been
carved out of multiple units bound
together as a single entity—the
strata corporation. While the original
developer’s name is often lost in the
archives, the strata corporation
remains a constant entity, even with
the selling and re-selling of strata lots
over the years or through some form
of lease. (§ 1)
…this translates to over
1,550,000 BC residents living
in residential stratas…
•
Each
strata lot owner has
certain liabilities, responsibilities,
and rights. Owners can sue and be
sued. (§§ 163, 166, 167, 168, 169, 170, 171, 172)
Created
•
through a formal registering
process, the strata corporation also
has legal liabilities, responsibilities,
and rights, some of which may
override those of the individual
strata lot owner. It can sue third
parties and even its individual
owners. In the event of a judgment
against the strata corporation,
each strata lot is responsible for
a proportionate share, other than
when an owner wins a suit against
the strata corporation—that owner
is not liable to share the defence
costs and any judgment with the
other owners.
(§§ 163, 166, 167, 168, 169, 170, 171, 172)
How Is Each Strata Lot
Tied to the Strata Corporation?
Strata life brings interesting
interpretations to the expressions
“Possession is 9/10th of the law”
and “my home is my castle.”
Strata ownership exists within an
interdependent 5-pillar maze.
1. Physical
•
Whether
built as an apartment,
semidetached home, or townhouse,
one form of strata plan is comprised
of buildings with 2 or more
strata lots separated by ceilings,
floors, or walls. (§§ 1, 68, 70) (Reg. 14.4)
The
•
second form of strata plan,
a bareland strata, demarcates
strata lot boundaries on
a horizontal plane referenced
by survey markers on the land—
not by ceilings, floors, or walls.
(§ 1, 68, 149, 160, 246 )
Those parts of the building and/or
land that are not part of a strata lot as
designated on the strata plan are the
strata corporation’s common property.
Anatomically, common property is
akin either
•
to the
body’s skin that holds the
parts together, or •
to the
circulatory system that
keeps the strata corporation
functioning.
Common property is equally
accessible, and paid for, by all owners.
Structurally, common property
in buildings starts midway between
the surface of the structural portion
of the ceilings, floors, or walls
between a strata lot and those parts
of a building or land that are not part
of that strata lot. (§§ 1, 68)
The Act also defines as common
property, a facility, or service, partially
or wholly within a strata lot but that is
capable of being, and intended to be,
used in connection with the enjoyment
or use of the strata corporation’s
common property or another
strata lot—implied easements. (§§ 1, 69)
Functionally, common property
includes cables, chutes, ducts,
pipes, wires, and other facilities for
the passage or provision of cooling
systems, drainage, electricity, garbage,
gas, heating systems, oil, radio,
sewage, telephone, television, water,
or similar services between and among
strata lots and/or common property.
Those facilities and services are often
within ceilings, floors, or walls, forming
a boundary either between adjacent
strata lots or between common
property and a strata lot. (§§ 1, 69)
Some common property is
designated for the exclusive use of one
or more owners. Subject to the bylaws,
the repair and maintenance of that
property is usually paid for by all
owners, even if they are not permitted
to use it. It is called limited common
property. (§§ 1, 72, 73, 91)
2. Co-ownership
The assets, buildings, land, and
personal property that are not
part of a strata lot are “owned”
proportionately by each strata lot,
but held in the name of the
strata corporation. Each strata lot
owner effectively becomes
a shareholder. (§§ 1, 246)
3. Time: Fiscal Year
Each strata has its own 12-month
financial year, whether it corresponds
to the calendar year or to any other
consecutive 12-month period. At the
end of each fiscal year, the strata’s
clock is re-set to a new year. The Act
requires an Annual General Meeting
(AGM) of the ownership no later than
2 months after the strata corporation’s
fiscal year-end. (§ 40, 102)
4. Financially
Unit entitlement is based on each
strata lot’s predetermined share of both
common assets and common property
as well as the strata corporation’s
common expenses and/or liabilities.
As part of those expenses and
liabilities, the strata corporation has the
capacity to borrow money. (§§ 1, 111, 246,)
Other than for bareland
strata plans, the general approach
for computing unit entitlement
in stratas designed or intended
for use primarily as a residence—
residential strata lot—is to produce
a schedule of unit entitlement based
on a strata lot’s habitable area that
fairly reflects its proportion to the total
habitable area of all the strata lots.
(§§ 1, 246) (Reg. 14.2)
The Act prescribes a universal
strata corporation set
of Standard Bylaws…
For commercial, industrial,
parking, or other nonresidential
strata uses, the square-metre
percentage formula approach can
be used or a number that in the
Superintendent of Real Estate’s
approved opinion allocates a fair
portion of the common expenses
to the owner of each strata lot. (§ 246)
For mixed-use strata corporations
that consist of nonresidential and
residential strata lots, the schedule
of unit entitlement must be approved
by the Superintendent as fairly
distributing the common expenses
between the owners of the residential
strata lots and the owners of the
nonresidential strata lots. (§ 246)
For bareland stratas, each
strata lot’s unit entitlement is either
a whole number that is the same for
all strata lots in the strata plan or
a number that in the Superintendent’s
opinion allocates a fair portion of the
common expenses to the owner of the
strata lot. (§§ 1, 246)
5. Governance
In addition to myriad federal,
provincial, and municipal statutes,
The Scrivener
strata owners experience an additional
level of governance—the bylaws
of their respective strata corporation.
While some resent strata bylaws as
an additional layer of governmental
intrusion, others applaud them as an
opportunity to customize governance
to the specific needs of their strata.
(§ 119)
Sometimes, even mentioning the
word strata on matters ranging from
noise, pollution, or policing produces
an unfortunate default response
by some municipal authorities—“It’s
the strata’s responsibility.”
While the Act provides the
legislative framework for each strata’s
decision-making and operations, the
BC government does not intervene
in a strata’s affairs or provide for the
interpretation of the Act, other than
clarifying particulars written in the
Regulations so often referenced by the
Act. (Reg. 1.1 to 17.22)
The Act prescribes a universal
strata corporation set of Standard
Bylaws, unless a different set
has been filed in the Land Title
Office by the strata corporation.
If a strata corporation develops its
own bylaws, they are fully enforceable
to the extent that
---
•
they
do not contravene
the Strata Property Act,
its Regulations,
the Human Rights Code,
any other legal enactment, and
•they do not destroy or modify the
Act’s Section 69 easement.
(§§ 69, 119, 120, 121, 122, 141)
Furthermore, to be enforceable,
a strata’s bylaws cannot prohibit
or restrict the right of an owner(s)
to freely lease, mortgage, sell, or
otherwise dispose of either the
strata lot or an interest in it. (§ 121)
The Act permits eligible owners
to change, repeal, and/or replace
their existing bylaws at a general
meeting, either an AGM or a Special
General Meeting (SGM). Subject to the
above contravention parameters, the
only requirements are that bylaw
amendments be approved at an AGM
with a ¾ vote ownership approval.
11
Until any bylaws or their amendments
are filed at the Land Title Office in the
prescribed form, such bylaws are not
in effect. (§§ 126,128)
In addition to the formal
bylaw amendment procedure, the
Act provides interim ability to the
strata corporation to govern the
condition, safety, and use of the
strata’s common assets and
property—the creation of rules.
Rules are like a specifically focused
temporary bylaw, applicable only to the
strata’s common assets and property.
Although any fines associated with rule
violations are less than those allowable
for bylaw infractions, such written
rules must be ratified by a majority
vote at the next general meeting.
Otherwise such a rule ceases to have
effect. (§§ 125, 130, 132) (Reg. 7.1, 7.2)
The Act also provides for
subdividing a strata corporation
into subgoverning units—sections—
each having interests in common
to all owners, while also representing
unique interests to that section. While
some sections reflect a different
type of use, such as commercial or
residential purposes, the Regulations
permit residential strata lots to be
sectioned, based on apartment-style
lots, townhouse-style lots, or detached
homes. (§§ 191, 192, 193, 194, 195, 196, 197, 198)
(Reg. 11.1, 11.2, 11.3)
If sectioned, the powers and
duties of the strata corporation
remain intact for matters common
to all owners, while the section has
administrative, contractual, financial,
insurance, governance, and legal
duties and powers that relate only
to that section. Although sections
include both operating fund monies
and CRF monies, a parallel variant
subdividing a strata corporation only
on the basis of operating expenses,
and known as types, requires
a separate bylaw for such a division.
(§ 191) (Reg. 6.4, 17.13)
Whereas a sections or a types
bylaw reflects a subdivision,
the Act also provides for the
amalgamation of two or more existing
strata corporations. (§ 269)
Perhaps one of the most
significant pieces of legislation
tying owners together physically and
financially is the Act’s requirement
(December 13, 2011) that each
strata corporation of five or more units
has a Depreciation Report prepared
by a “qualified person” on or before
December 13, 2013. (§ 94) (Reg. 6.2)
The
•
Depreciation Report must
contain an audit of a prescribed
list of a strata’s building(s) and
equipment. The other key element
is a 30-year financing forecast
of the anticipated maintenance,
repair, and replacement costs
of those same strata components.
•
The
owners of a strata corporation
can choose to waive the
requirement for a Depreciation
Report for a period of 1 year if
they pass a ¾ vote resolution. (§ 94)
A Depreciation Report effectively
becomes part of the strata’s
permanent document history.
(§§ 35, 94) (Reg. 6.2) s
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12
STRATA FEATURES
Strata 101.2
Ian Callaway
Who Controls the Strata?
What Do Owners Control?
E
ach strata lot exists
within an interdependent
5-pillar maze: Physical,
co-ownership, time, financial,
and governance.
In the most practical terms,
each strata corporation’s
core decision-making
occurs at its requisite AGM
of owners.
Its physical and ownership
characteristics are predetermined
in the original strata plan and are
therefore static. (§§ 1, 2, 68, 69, 246)
Even though the Act provides
the capacity to change the fiscal
year-end, it is seldom done and
would require a ¾ vote approval at
a general meeting. While the financial
formula impacting a strata lot has also
been predefined in the strata plan, the
directions and targeted finances of the
strata corporation’s decisions evolve
over time. (§§ 1, 102, 246)
Although external legislation
may provide general guidance, the
evolution and day-to-day application
of a strata corporation’s bylaws can be
exceptionally fluid, interpretive, and
transitional. (§§ 35, 69, 94, 119, 120, 121, 122, 123,
Sometimes there are Special
General Meetings (SGM) to address
one or more resolutions concerning the
strata. (§§ 42, 43, 45)
125, 126, 128, 130, 132, 133, 134, 164, 191, 193, 194, 195,
196, 197, 198, 269) (Reg. 6.4, 7.1, 7.2, 17.10, 17.11, 17.13)
At each AGM, the Act requires
a council to be elected by the eligible
voters—owners in good standing,
certain tenants, and proxies who may
or may not be owners or residents,
as well as special voters or courtappointed voters. As long as a person
is an owner, a corporate owner’s
representative, or an eligible tenant
assigned the right by an owner, that
person is eligible to serve on council.
Who Runs the Strata Corporation?
Delegating Authority to Council
In the most practical terms, each
strata corporation’s core decisionmaking occurs at its requisite AGM
of owners. At an AGM, the budget
is usually approved, reports are
presented, and a council is elected.
After the election of a council, almost
all decision-making until the next AGM
is in the hands of that council.
(§§ 40, 45, 103, 104, 105, 106) (Reg. 6.6, 6.7)
Within the bounds of each
strata lot, owners are free to make
many of their own day-to-day
decisions, as long as they comply with
the strata corporation’s bylaws and
those of the respective municipality.
The Act mandates each strata council,
however, to exercise and perform
the strata corporation’s duties and
powers, including a dictate to enforce
its bylaws and rules as well as
the responsibility to maintain and
manage the strata’s common assets
and property. The strata council
is like a Board of Directors for the
strata corporation. (§§ 3, 4, 26, 69, 72, 129)
(§§ 25, 28, 53, 54, 55, 56, 57, 58)
The Act makes no provision for
nominations, disclosure, campaigning,
The Scrivener
platforms, or candidacy debates.
Criminal history, experiential acumen,
legislative understanding, literacy, or
mental competence are not required—
only the election at the AGM
by a majority of nonabstaining eligible
voters present in-person or by proxy.
(§ 1, 53, 54, 55, 56, 57, 58)
Other
•
than at the AGM’s election,
a number of stratas have bylaws
allowing a council to appoint
additional or replacement council
members without any form
of advance notice to the strata’s
ownership at large.
•
While
the Act permits council
members to be remunerated with
certain prerequisites, most council
members are nonpaid volunteers.
(§ 34)
The
•
standard of care for council
members required by the Act is
that they act honestly, in good
faith, and in the strata’s best
interests and that they “exercise
the care, diligence and skill
of a reasonably prudent person
in comparable circumstances.” (§ 31)
A council
•
member would be
in a conflict of interest if he or she
has a direct or indirect interest
either in a contract or transaction
or in a matter under consideration
that could create “a duty or
interest that materially conflicts
with that council member’s duty
or interest as a council member.”
(§ 32)
Although the Act does not
specify a council’s term of office, the
Act’s annual election requirement
may pose a challenge for those
13
strata corporations having a bylaw
specifying a council’s term of office for
longer than 1 year. (§ 25)
While the Real Estate
Services Act (RESA) considers
strata council members as providing
“Strata Management Services,”
RESA’s Regulations provide a licensing
exemption for most strata lot owners
serving on council. If a strata lot owner
is already licensed under RESA, that
strata lot owner may still serve on
council but is subject to a number
of eligibility preconditions and
participation conditions.
Who Runs the Strata Corporation?
Delegating Authority
to Management Firms
Many strata lot owners are under
the misconception that their
hired “Strata Manager” runs their
strata corporation. Under RESA, its
Regulations, and its Rules, there are
no such terms as “Strata Agent”
or “Strata Manager.” While such a job
title might seem like semantics, the
correct function of such a person or
firm is to provide “Strata Management
Services.” Under the Real Estate
Services Act, such functions
include collecting and holding the
strata corporation’s monies and
“exercising delegated powers and
duties of a strata corporation or
strata council.”
Many strata lot owners are
under the misconception that
their hired “Strata Manager”
runs their strata corporation.
Since the Strata Property Act
mandates that the strata corporation’s
duties and powers be exercised by the
council, the Real Estate Services Act
permits those duties and powers to be
performed by a RESA-licensed person.
The key is the duties and powers must
be delegated by the council. (§§ 4, 26)
A strata lot may be the most
significant financial asset in a strata lot
owner’s portfolio. The person providing
strata management services can
become a very positive contributor as
an experiential consultant, although
that is not legislatively prescribed and
it is subject to a number of variables.
Since January 1, 2006, RESA
requires nonexempt persons providing
strata management services to be
licensed, which requires passing
a competency exam ranging from
accounting, to ethics, to legal matters.
The strata corporation has the
legal right to enter into contractual
arrangements. (§§ 24, 33, 38, 39)
One common contract covers
the relationship between the
strata corporation and the firm
providing the strata management
services. This contract may take the
standard Agency Agreement form
prepared by the Strata Property Agents
of BC. The Agency Agreement can
be amended by incorporating one
or more Schedules customizing the
fees and services to be provided.
While such an Agency Agreement will
include a “termination” clause, the
Act also provides certain cancellation
parameters. (§§ 35, 38, 39, 40, 42, 43) (Reg. 4.3) s
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14
STRATA FEATURES
Strata 101.3
Ian Callaway
Voting: 2 + 2 = 4?
Not Always
I
n the event an eligible
owner is unable or unwilling
to attend a general meeting,
the Act permits a proxy.
Other than a few matters requiring
a unanimous vote, matters to be voted
at general meetings require either
a majority vote or a ¾ vote threshold.
A majority vote is the standard, unless
a different threshold is required or
permitted by the Act. A majority vote
and a ¾ vote is based on the numbers
present at the general meeting, not on
the total number of strata lots in the
corporation. (§§ 1, 40, 42, 43, 50)
Basically, any person can be
a proxy as long as the appointment is
in writing and signed by the eligible
owner. (§§ 25, 28, 53, 54, 55, 56, 57, 58)
Whether at a council meeting or
a general meeting, the strata’s bylaws
determine the required threshold for
the meeting to proceed—the quorum.
Basically, any person
can be a proxy as long
as the appointment
is in writing and signed
by the eligible owner.
(§§ 40, 42, 43, 48)
Other
•
than for stratas with fewer
than 4 lots or owners, if a strata’s
bylaws are silent on defining the
quorum for a general meeting, the
Act prescribes a quorum as “1⁄3
of the strata corporation’s voters,
present in-person or by proxy.”
The Act injects an additional
interesting arithmetic wrinkle—
abstentions. Whether for a majority vote
or a ¾ vote, the computation occurs
not from using the total number of
voters present in-person or by proxy
but by computing the required majority
or ¾ vote threshold from the total
balance remaining after subtracting
those who have abstained. (§ 1)
Key in this democratic process
is the counting of votes, which may
range from frequent miscounts with
a show of hands to the more verifiable
secret ballot. As for secret ballots, the
2011 BC Supreme Court case, Imbeau
vs. Strata Plan NW971, overturned
a levy’s voting outcome since there was
deemed insufficient secrecy during the
(§§ 40, 42, 43, 48)
⁄3 threshold is not met with
half-an-hour from the appointed
start time of the meeting, the
Act directs the meeting to stand
adjourned to “the same day in the
next week at the same place and
time.” If the 1⁄3 threshold is not
met on that subsequent date, the
Act considers those present at
that time to constitute a quorum.
1
(§ 48)
Some
•
strata bylaws short-circuit
the quorum determination process,
including for an AGM, by defining it
as only those present in-person or
by proxy after 30 minutes from the
appointed time.
©iStockphoto.com/Nikolay Kropachev
If the
•
The Scrivener
15
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16
collecting of ballots—a failure to use
ballot boxes.
•
For
example, if a strata
corporation of 160 strata lots
had only 100 units represented
at a general meeting with
a combined in-person and proxy
total of 100 eligible votes, and 20
abstained from voting, the ¾ vote
requirement would be 60, not 75.
•
Using
the same 100 eligiblevoter example, and assuming
no abstentions, then 26 eligible
owners could defeat any ¾ vote
resolution—a minority can defeat
the preferences of a majority
in attendance at that general
meeting.
Seeing the prospect of overall
apathy, the Act provides a temporary
respite in the event a ¾ vote
resolution was passed by in-person
or proxy persons holding less that
50 percent of the strata’s votes.
In such a situation, even if a ¾ vote
resolution received 100 percent of
approval, the strata corporation must
not take any action to implement the
resolution for 1 week following the vote
“unless there are reasonable grounds
to believe that immediate action is
necessary to ensure safety or prevent
significant loss or damage.”
(§§ 1, 40, 42, 43, 51, 54, 56)
If within that week, persons holding
at least 25 percent of the strata votes
present a written demand—signed
by each supporting voter—to hold
an SGM to reconsider the resolution,
that effectively stops implementation
of the passed resolution. While the
strata corporation must hold such an
SGM within 4 weeks after receiving the
demand, if a quorum is not present
within 30 minutes of the start of such
an SGM, the meeting must not proceed.
The original resolution stands and
cannot be re-presented. (§§ 1, 43, 51, 54, 56)
During a general meeting discussion
of a ¾ vote resolution, there are often
motions to amend the resolution’s
wording. Even though the Act permits
amendments to a resolution’s wording
with a ¾ vote approval, the Act limits
such changes to those that “do not
substantially change the resolution.”
(§§ 1, 40, 42, 43, 50, 51, 54, 56) s
STRATA FEATURES
Strata 101.4
Ian Callaway
Understanding Fees
and Expenditures
S
trata finances seem
to catch everyone’s
attention and concern—
monthly fees and special levies.
for the prior fiscal year and to prepare
a new budget within 30 days,
or longer if so directed by the
appropriately approved ¾ vote
resolution.” (§§ 1, 48, 104)
(§§ 106, 107, 108, 110)
The fixed part of the financing
formula is each strata lot’s
predetermined financial share—
unit entitlement. Within 2 months after
the fiscal year-end, the strata must
prepare a budget, capable of being
amended, to be approved by majority
ownership vote at the AGM (Annual
General Meeting).
(§§ 1, 40, 48, 103, 246) (Reg. 6.6, 6.7)
Although the Act does not
prescribe the detail or format for
a budget, in addition to six types
of information required for a strata’s
financial statement, the Regulations
list nine categories of budgetary
information that must be included as
part of the AGM Notice Package.
After discussion, and possible
amendment, at the AGM the
budget is passed by a majority vote.
Within 2 weeks after passing the
budget, the owners must be informed
by the strata corporation “of any
changes to their strata fees.”
(§§ 1, 40, 48, 103, 106, 246) (Reg. 6.6, 6.7)
If a budget fails to pass at
the AGM, the Act directs the
strata corporation to continue
functioning financially with the budget
Within 2 months
after the fiscal year-end,
the strata must prepare
a budget, capable
of being amended,
to be approved
by majority ownership vote
at the AGM
•
The
largest part of most budgets
is for those common expenses
that recur annually or any number
of times within the year—
operating fund expenses. With few
exceptions, those expenses are
under the allocation and direction
of only the strata council; the
Act does not require any interim
reporting until the presentation
of the strata corporation’s annual
budget at the next AGM. Although
some budgets include very precise
line expense items, unfortunately
others are so vague that owners
may not be quite sure what is
included under many line item
expenses. (§§ 1, 40, 91, 92, 97, 99)
(Reg. 6.1, 6.4, 6.5, 6.6, 6.7)
The Scrivener
The
•
other fund within the
budget will be for those common
expenses that usually do not occur
or, if recurring, occur less often
than once a year—contingency
reserve fund expenses. The Act
requires that withdrawals from
the contingency reserve fund
(CRF) must be either authorized
with the majority ownership vote
passage of the budget or approved
with a separate resolution by a ¾
ownership vote at another general
meeting. (§§ 1, 40, 91, 92, 93, 95, 96, 99)
(Reg. 6.1, 6.6, 6.7)
For unauthorized expenditures
not presented in the budget or
passed by a ¾ vote resolution, the
strata council has an authorizing
expenditure option if “there are
reasonable grounds to believe that an
immediate expenditure is necessary
to ensure safety or prevent significant
loss or damage, whether physical or
otherwise.” (§§ 1, 98)
Subject to the strata’s bylaws, the
cap on such unauthorized expenditures
from the operating fund is the lesser
of 5 percent of the operating fund or
$2000. The Act does not limit the size
of withdrawal from the CRF, other than
the expenditure must not exceed the
minimum amount needed to ensure
safety or prevent significant loss or
damage. As for the reporting of any
unauthorized expenditure, the Act
requires the strata corporation to “inform
owners as soon as feasible.” (§§ 1, 98)
17
•
Tracking
ACCESS LAW GROUP
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the operating expense
part of the budget can be likened
to a revolving door—income in
(monthly strata fees) and expenses
out (common expenses).
(§§ 1, 59, 96, 97, 99, 106, 107)
•
With
the CRF, it is an accumulating
asset of the strata with the
minimum and maximum annual
contributions determined by the
Act’s Regulations being based
as a percentage of the amount
of money remaining in the CRF at
the end of the fiscal year. For those
monies in the CRF, the Regulations
specify the permitted investments.
In the event an owner sells, that
proportion of the CRF is an asset
of the strata corporation and that
owner is not entitled to a return
of his or her previous contributions.
(§§ 1, 96, 101) (Reg. 6.1, 6.11)
While expenditures from the
operating fund and the CRF are made
from money currently held by the
strata corporation, with the passage
of a ¾ vote at a general meeting the
Act permits raising money for specific
purposes—special levies.
(§§ 1, 40, 42, 43, 108)
•
Not
only must each levy’s money
be collected separately and used
only for the purpose specified
in the approved resolution, the
strata corporation must refund any
surplus monies from each levy if
any owner is entitled to receive
more than $100. In spite of the
Act’s high transparency standards
for special levies, unfortunately
some stratas have been less than
compliant. (§ 108)
•
In
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18
those situations where
a levy’s payments revolve
around a strata lot’s sale, unless
there is a private agreement
within a Contract of Purchase and
Sale, the seller owes the payments
before the property has been
conveyed and the purchaser owes
them after conveyance. (§ 109)
Unless provided in the
strata corporation’s bylaws, currently
there is no statutory requirement
to audit a strata corporation’s financial
records or statements.
Strata Taxes?
Even though most strata corporations
would likely be deemed “non-profit
organizations,” the Canada Revenue
Agency (CRA) requires the
strata corporation to submit a T-2
Corporate Tax Return within 6
months after its fiscal year-end.
While there has been a relatively lax
approach to this filing requirement,
it appears that the CRA is becoming
more vigilant, particularly because
some strata accumulate larger sums
within their CRFs or some have
become havens to launder money.
If a strata has not previously filed,
some preliminary information will be
required.
•
Date of the strata’s registration
•
Business number or strata plan
number
•
Unit entitlement with number
of units
•
Interest earned from strata monies
•
Council remuneration, if any
While it may be best to discuss
the filing requirements with
a professional advisor, some stratas
may also be required to file a T-1044
Non-Profit Organization Return, if the
CRA considers that under Section
149(1) of the Income Tax Act
•
the strata was entitled to, or
received, taxable dividends, interest,
rentals, or royalties totalling more
than $10,000 in the fiscal period;
•
the total assets of the strata were
more than $200,000 by the fiscal
year end; or
•
the strata had to file or it filed
a T-1044 for the previous fiscal
period.
Although many stratas earn
“small” sums of monies through
fines, interest, or rentals, while some
professional advisors have their own rule
of thumb, the CRA has not produced
an Interpretation Bulletin concerning
a forgivable threshold.
Stratas need to be aware that
the strata may be sued, even for
something such as tax arrears, but
that “a judgement against the strata
corporation is a judgement against all
owners” and that such a judgement
is limited to their proportionate unit
entitlement share. (§§ 163, 166) s
STRATA FEATURES
Strata 101.5
Ian Callaway
Strata Property Insurance
I
n any property in which it
has an insurable interest,
the strata corporation
must obtain and maintain full
replacement-value insurance
against major perils, including
the following: Aircraft impact,
civil commotions, explosion,
fire, hail, lightning, malicious
acts, riot, smoke, strikes,
vandalism, vehicle impact,
water escape, and windstorm.
(Reg. 9.1)
Such property insurance would
include the buildings shown on the
strata plan as well as common assets
and property. (§§ 1, 2, 149) (Reg. 9.1)
Perhaps less obvious, but still
required, is to insure those strata lot
fixtures that were built or installed
as part of the developer’s original
construction. Under the Regulations,
fixtures include the following.
•
Items
attached to a building
including floor and wall coverings
•
Electrical
fixtures
•
Plumbing
fixtures
(Reg. 9.1)
Excluded from the strata
corporation’s responsibility for
insurance are those items that can
be removed without damage to the
building.
•
Dishwashers
Owner’s Property Insurance
•
Dryers
Other than as may be required
by a mortgagee, there is no
requirement for an owner to obtain and
maintain insurance against the
following.
•
Microwaves
•
Stoves
•
Washers
•
“Other items”
(Reg. 9.1)
It is optional for the strata to
insure against other perils such as
earthquakes as well as those fixtures
not built or installed by the developer
as part of the original construction.
•
Perils
(§§ 1, 2, 149, 152 ) (Reg. 9.1)
•
Improvements
…the strata corporation
must obtain and
maintain full replacementvalue insurance against
major perils
The strata’s insurance deductible
is a common expense to which the
owners contribute by means of the unit
entitlement formula. In the event the
budget does not cover an insurance
deductible, the owners’ approval is
not required to withdraw monies from
the CRF (Contingency Reserve Fund)
to cover the deductible or to create
a special levy. (§§ 1,158, 166, 169 ) (Reg. 9.2)
In the event of an insured claim,
the monies received must be used
to repair or replace the damaged
property. If the strata corporation
decides not to repair or replace the
damaged property, that decision must
be approved by a ¾ vote resolution
within 60 days after the applicable
monies are received. (§§ 2, 157, 159) (Reg. 9.1)
The Scrivener
not insured by the strata •
Amounts
in excess of the strata’s
insurance
•
Noninsured
fixtures
to the original
fixtures better known
as “betterments”
(§§ 153, 155, 160, 161) (Reg. 9.1)
Liability Insurance
The strata corporation is also obligated
to obtain and maintain a minimum
$2,000,000 liability insurance policy
for both property damage and bodily
injury. (§§ 150, 152) (Reg. 9.2)
Although the strata council is
responsible for performing the duties
and powers of the corporation,
it is optional for the corporation
to obtain and maintain errors and
omissions insurance against a council
member’s expenses and liability while
exercising his or her powers and
duties. (§§ 151, 152)
Insurance Review
Although the words “adequacy” and
“report” are not defined within the
Act, the strata also has an annual
duty both to review the adequacy
of its insurance and to report on
the insurance coverage at the AGM
(Annual General Meeting). (§§ 40, 154) s
19
STRATA FEATURES
Strata 101.6
Ian Callaway
Property Appearance,
Use, and Responsibility
I
n describing a strata
corporation’s common assets
and property, the expression
What You See Is What You Get
has some veracity. (§ 1)
Although the strata lot owners
hold title to their own property,
in addition to the BC Building Code
a strata corporation’s bylaws may well
dictate within certain limits what can,
or cannot, be done to the strata lot
owners’ respective property.
•
If a change involves the removal
of any part of a common boundary
wall, the strata corporation must
approve such a change.
•
If a change will alter the appearance
of common property, that would
require the passing of a ¾ vote
resolution at a general meeting.
(§§ 1, 40, 42, 43, 70, 246) (Reg. 14.2)
Unless either passed by a ¾ vote
resolution at a general meeting or
changed on the grounds of a reasonable
belief that an immediate change
is necessary to ensure safety or
prevent significant damage or loss,
the strata corporation cannot make
a significant change in the appearance
or use of common property or land that
is a common asset. (§§ 1, 40, 42, 43, 51, 71)
While the strata plan demarcates
property boundaries, the Act and the
strata’s bylaws govern certain financial
responsibilities for the appearance
and use of common property, limited
common property, and strata lots.
(§§ 1, 71, 119, 120) (Reg. 17.10, 17.11)
Although the strata corporation is
responsible for its common expenses,
a strata’s bylaws may override the Act
and make an owner responsible for
20
…a strata corporation’s bylaws
may well dictate…what can, or
cannot, be done…
the maintenance of, and repairs to,
certain limited common properties and
quite possibly some common property.
Additionally, its bylaws may make the
strata corporation responsible for the
maintenance and repair of specified
portions of a strata lot. (§§ 1, 72, 91, 119, 121)
The concept of an owner changing
the appearance of his or her strata lot
can become very challenging to the
strata corporation. Even with the
seeming popularity of TV homeimprovement shows, within the context
of changing a strata lot the Act is silent
on words such as “alter,” “build,”
“change,” “construct,” ”decorate,”
“renovate,” and the like. In the possible
grey zone between the responsibilities
and rights of the strata corporation
and the rights of a strata lot owner,
the Act and possibly a strata’s bylaws
in combination may afford a degree
of direction.
•
Section
68 addresses the midway
boundary of ceilings, floors, and
walls between a strata lot and its
neighbour, whether it be common
property or another strata lot.
•
Whether
partially or wholly
within a strata lot, section
69 focuses on the “implied
easements” granted to the
strata corporation for the passage
or provision of facilities or services
that are capable of or intended
to be used in connection with the
enjoyment of another strata lot or
in favour of common property.
•
Section
70(1) empowers the
strata corporation to grant prior
approval concerning “a wall that is
a common boundary.”
•
Section
70(2) transfers the
authoritative responsibility for
compliance to governmental
authorities such as the BC
Building Code.
•
Section
149(1)(d) requires
the strata to obtain and
maintain property insurance on
those “fixtures” built or installed
by the developer as part of the
original construction. Thus,
changes to those “fixtures” may
well involve the strata’s insurance
responsibilities.
•
The
combination of section 246 and
Regulation 14.2 addresses the legal
implications of an owner decreasing
or increasing the habitable
area of his or her strata lot.
•
A strata corporation
may incorporate
part of the Act’s Standard Bylaw
#5(1), which mandates that “An
owner must obtain the written
approval of the strata corporation
before making an alteration
to a strata lot that involves…the
structure of the building…” or “…
those parts of the strata lot which
the strata corporation must insure
under section 149 of the Act.” With
the exception of bareland stratas,
this Standard Bylaw continues that
“The strata corporation must not
unreasonably withhold its approval
under subsection (1), but may require
as a condition of its approval that
the owner agree, in writing, to take
responsibility for any expenses
relating to the alteration.”
(§§ 1, 68, 69, 70, 119, 120, 121, 124, 246)
(Reg. 14.2) s
STRATA FEATURES
Strata 101.7
Ian Callaway
Bylaw Issues
T
he Act’s section 119
prescribes that “the
strata corporation must
have bylaws” and that
the bylaws may provide for the
control, management, maintenance,
use and enjoyment of the strata lots,
common property and common
assets of the strata corporation
and for the administration of the
strata corporation. (§ 119)
In addition to the responsibility
to manage and maintain the strata’s
common assets and property, the Act
requires strata councils to enforce their
bylaws and rules. While many of the
bylaws of a strata corporation focus
on a council’s electoral structure and
the sequencing of meetings, in concert
with the Act many of the other bylaws
focus on what might be described
as “governance conduct.”
(§§ 3, 4, 26, 119, 121, 129, 194)
1. Age of Residents
Some strata corporations have bylaws
with age restrictions that may be
unenforceable because they conflict
with the Human Rights Code, the
Residential Tenancy Act, or even the
Strata Property Act by “restricting
the right of an owner of a strata lot
to freely…lease…the strata lot.” Other
bylaws become unenforceable because
they have used terms such as “adult”
or “child” without defining them.
2.Pets
One of the more challenging bylaws
relates to owners’ animal companions.
Some bylaws focus on the number
of pets and don’t consider the
implications of reproduction. Others
restrict breed, height, or weight; they
may well become unenforceable due
to such issues as hybrids and height
reference points or who would be
weighing the pet. Some owners try
to circumvent pet bylaws by asserting
the pet is only a “visitor” after having
produced papers to show that the pet
is registered to a third party.
Regardless of the wording of a pet
bylaw, for those residents having
a restricted pet already residing with
them the Act exempts that pet “which
continues to live there” after the
bylaw’s passage. (§ 123)
One of the more challenging
bylaws relates to owners’
animal companions.
The Act also provides an
exemption for “family.” Unlike other
legislation, the Act’s Regulations
prescribe a “family or “family
member” as
•
child
of the owner,
•
child
of the owner’s spouse,
•
parent
of the owner,
•
parent
of the owner’s spouse, or
•
spouse
of the owner, including
a person having cohabitated
or lived in a marriage-like
relationship, regardless of gender,
for “a period of at least 2 years at
the relevant time.” (Reg. 8.1)
The Act prescribes certain
responsibilities for the landlord.
(§ 146)
Before
•
3.Rentals
(§ 121) (Reg. 8.1)
Unlike some political jurisdictions, the
Act prohibits a strata corporation from
either screening and approval criteria
or inserting terms within a tenancy
agreement. Under its bylaws, however,
the strata corporation may prohibit the
rental of residential strata lots either
in whole, as a number, a percentage,
or for a defined period of time.
In those situations where an
enforceable age restriction bylaw
comes into effect whereby a current
resident would be in conflict, the Act
protects such an individual with an
exemption provision. (§ 123)
Even if there is a current rental
restriction bylaw, some strata lots may
be exempted by reason of an emption
imbedded in the filing made by the
original developer. (§§ 2, 121)
For any strata lot that was rented
prior to the passage of a rental
restriction bylaw, such a bylaw does
not apply until the later of 1 year
after the bylaw was passed or the
current tenant ceases to occupy the
strata unit. (§ 143)
(§§ 141, 142, 143)
The Scrivener
renting his or her
strata unit, the landlord must
provide the prospective tenant
with the current bylaws and rules
as well as a “Notice of Tenant’s
Responsibilities”—Form K.
(§ 146) (Reg. Form K)
Within 2
•
weeks of renting
a residential strata lot, which may
be a date well prior to the tenant
actually occupying the strata lot,
the landlord must give the
strata corporation a copy of the
signed Form K. (§ 146)
In
•
addition to whatever
a strata corporation’s bylaws
might require, if the landlord
21
fails to comply with any of the
foregoing, the tenant is still bound
by the strata’s bylaws and rules.
Within 90 days after the tenant
learns of such delivery breaches
by the landlord, however, not only
may the tenant end the tenancy
agreement without penalty, the
Act provides that the landlord
“must pay the tenant’s reasonable
moving expenses to a maximum
of one month’s rent.” (§ 146)
4.Noise
In addition to age, pets, and rentals,
“noise” issues are often one of the
most frequent and sometimes the
most challenging complaints that
councils receive—one person’s music
is another’s anguish. Part of the
problem of addressing noise is its
subjectivity. Another relates to its
duration and/or volume.
While noise may be considered
a nuisance, the Act is silent on the
matter of nuisance and noise and
leaves it up to the strata corporation
to create a bylaw. If a strata built its
bylaws around the Act’s Standard
Bylaws, section 3 is important, but it
does not integrate relatively objective
benchmarks such as
•
“causes
a nuisance or hazard
to another person,
•
“causes
unreasonable noise, or
•
“unreasonably
interferes with the
rights of other persons to use
and enjoy the common property,
common assets or another
strata lot.”
Enforcement Options
Imbedded within the Act is a critical
requirement for the Council to enforce
its bylaws and rules—to receive
a complaint about a contravention.
Without this precipitating action, the
strata corporation may not impose
a fine, require a person to pay
the reasonable costs to remedy
a contravention, or deny a resident’s
use of recreational facilities. (§§ 26, 135)
Before the strata enforces a bylaw
or rule, the strata corporation may give
a warning or afford the person time
to comply. (§ 129)
22
In addition to age, pets,
and rentals, “noise” issues
are often one of the most
frequent and sometimes the
most challenging complaints
that councils receive—
one person’s music is
another’s anguish.
Fining an owner or a tenant for
breaching its bylaws or rules is one
option when a strata council exercises
its duties and powers. Although the
bylaws may set out different maximum
amounts and the frequency for
imposing fines, the fines must not
exceed those set out in the Regulations.
•
$50
for each rule contravention
•
$200
for each bylaw contravention
•
$500
for rental contraventions
when there is a limitation or
prohibition of rental units (Reg. 7.1)
The strata corporation may
also do what is “reasonably
necessary” to remedy a bylaw or rule
contravention that may include having
work performed on common assets,
common property, or even a strata lot
as well as removing objects from
common assets or common property.
In addition to a fine, the strata may
require the person to pay reasonable
costs associated with remedying the
contravention. (§ 133)
In stratas with a common asset or
common property recreational facility,
an additional option is to deny an
occupant, owner, or tenant access to,
or use of, that recreational facility “for
a reasonable length of time.” (§ 134)
With each of its enforcement
options, the strata must not impose
a fine, require the paying of costs,
or deny the use of a recreational
facility if the person(s) having
allegedly breached a bylaw or rule has
requested a hearing. (§ 135)
The strata may impose a fee for
the use of common assets or property,
if the fee is set out in a bylaw or
in a ratified rule. The fee must be
reasonable. (§ 110) (Reg. 6.9) s
STRATA FEATURES
Strata 101.8
Ian Callaway
Checks and Balances
to Delegated Authority:
An Antidote to Apathy
T
he research of Stanley
and Danko found that
millionaires routinely spent
time each week reviewing their
investment portfolio.
In 2012 the average Metro
Vancouver residential strata lot had
a value of $467,393. A strata can be
a key piece in an investment portfolio.
Owners have 13 avenues to review
or impact the way their joint venture
investment—their strata corporation—
is performing under the direction
of their council or the ownership at
large. (§§ 4, 26, 27)
1. General Meetings
In addition to the required AGM, the
council may hold any number of SGMs
(Special General Meetings) throughout
the year. (§§ 40, 42)
For each general meeting called
by the council, the Act prescribes that
the Council determines the agenda;
the strata’s bylaws may prescribe the
sequencing of the agenda. (§ 46)
For all general meetings, the Act
prescribes “at least 2 weeks’ written
notice” to the persons having the right
to be notified. When the Strata Property
Act’s “2 week” requirement is
integrated into BC’s Interpretation
Act, however, the notice requirement
effectively moves to 20 days from the
date the notice is given to the date
of general meeting. The Act does
provide that a vote at a general meeting
Owners have 13 avenues
to review or impact the way
their…strata corporation…
is performing…
is not invalidated “as long as the
strata corporation made a reasonable
attempt to give notice.” (§§ 45, 47)
While the Act specifies a number
of conditions associated with each
delivery mode, notice is permitted
by a variety of means—email, fax,
hand-delivery, and mail. (§ 61)
2. Council Meetings
Many strata corporations appear
to have modelled their bylaws on
the Act’s Standard Bylaws. The
Act’s Standard Bylaw #17 permits
owners to attend council meetings
as “observers,” other than when the
council addresses bylaw contraventions,
fines, or matters that council deems
might interfere with a person’s
privacy. Yet very few strata lot owners
routinely sit in on council meetings.
Some strata councils discourage or
refuse such attendance while others
patronizingly anoint them as “guests”
and treat them as mannequins—to be
seen, but not heard. (§ 120)
3.Minutes
As part of the strata corporation’s
corporate records, the Act requires the
strata corporation to prepare minutes
of the strata council meetings and
The Scrivener
minutes for AGMs and SGMs. While
the Act does not prescribe a timeline
for producing minutes, many strata
bylaws duplicate the Act’s Standard
Bylaw timeline “within 2 weeks”
which, while seemingly reasonable,
can create challenges when councils
are confronted with everything from
strata emergencies to holiday dates.
(§§ 35, 120)
While many Realtors and
strata corporations publicize the
need to retain minutes for a 2-year
period, that is usually only for the
purpose of selling a strata lot. The
Act’s Regulations require each
strata corporation to retain its minutes
for a period of at least 6 years.
(§ 35) (Reg. 4.1)
Other than the requirement
to record voting results,
unfortunately there is no prescribed
format or standard for preparing
strata corporation minutes.
•
Some
minutes note that one
council member wore a “spiffy
new blue leisure suit” to the
council meeting.
•
Others
generalize the minutes
to the degree that only a person
in attendance at a particular
meeting would understand
the contextual meaning of the
minutes.
•
For
some, obfuscation becomes
important, particularly in the case
of some owners’ goal of selling.
23
•
While
potentially more annoying
to some readers, misspelling,
grammatical incongruities,
and sentence structure reap
concentration havoc—sometimes
even introducing the risk
of misinterpretation.
The quality of minutes can be
an insightful barometer into the
operations of a strata corporation.
Effective minutes are consistent
in both their format and their
description of the issues under
consideration.
The first element of effective
minutes is to describe accurately the
issue under consideration.
A second element is a summary—
not verbatim text—of the perspectives
presented during the discussion.
As part of the documentation,
it is important to be aware and
respectful of privacy issues such
as those outlined by BC’s Office
of the Information & Privacy
Commissioner’s Privacy Guidelines for
Strata Corporations and Strata Agents.
Finally, as the Act prescribes, the
minutes are to report the results of the
vote. (§ 35)
Although not specified within the
Act, BC’s Privacy legislation also
comes into the equation. The Privacy
Guidelines for Strata Corporations
and Strata Agents notes that
“in certain instances PIPA (Personal
Information Protection Act) will require
the entire record not be released, for
example complaint letters.” Under
PIPA, an organization is not required
to disclose information that “would
reveal confidential commercial
information that if disclosed, could,
in the opinion of a reasonable person,
harm the competitive position of the
organization.” As a result, a big
black marker is sometimes applied—
redaction!
The first element of effective
minutes is to describe
accurately the issue under
consideration.
While the results of council
meeting votes may reflect only
“passed” or “defeated,” for some
contentious or privacy-related issues
it may be more helpful to document
the actual vote count. Well-prepared
minutes are not just the strata’s
corporate diary; such minutes can
serve as an instrument for research
and planning the strata’s effective
management.
While the Regulations specify
that no fee may be charged to the
authorized person inspecting
the documents or records, most
Agency Agreements between the
strata corporation and the firm
providing the strata management
services will charge back to the
strata corporation an hourly fee for the
supervision of such records—in the
range of $50 to $100 per hour. (Reg. 4.2)
4. Strata Corporation Records
If the authorized person requests
a copy of a document or record, the
Regulations currently permit the
strata corporation to charge “25 cents
per page” and it may refuse to supply
any such copy until the fee is paid.
The Act also permits an owner,
a tenant, or a person authorized
in writing by an owner or tenant—
including former residents—the right
of access to inspect those documents
and records required to be prepared
or retained by the strata corporation.
Other than the 1-week compliance
timeline with respect to bylaws or
rules, the strata corporation must
comply within 2 weeks. (§ 36)
While the Act specifies the
documents and records that are
to be prepared and retained by the
24
strata corporation, the Regulations
prescribe the required timeline for
retention for each type of document
or record; it ranges from 2 years
to permanently. (Reg. 4.1)
(§ 36) (Reg. 4.2)
5. Right to Respond to a Complaint
Some strata lot residents fear
living in their own Zimbardo
experiment—a 1971 Standford
University experimental study where
otherwise reasonable individuals, when
given access to power, quickly became
overzealous authoritarians subjecting
some of their cohorts to psychological
torture.
•
Prior
to the strata corporation
imposing a fine or requiring
a person to pay the costs of
remedying the contravention
of a bylaw or a rule, the strata
corporation must receive a
complaint. (§ 135)
•
Next,
strata must provide
the owner or tenant with the
particulars of the complaint as
well as an opportunity to answer
the complaint, which may or may
not involve a hearing. (§ 135 ) (Reg. 7.2)
•
While
there is no specific timeline
for the strata to provide a written
decision about the matter—“as
soon as feasible,” the strata may
then impose a fine or other
penalty as may be permitted or
required. (§ 135)
6.Complaint
against a Council Member
If a complaint is made about a council
member’s alleged contravention
of a strata bylaw or rule, the Act dictates
that the council member “must not
participate in a decision” regarding
a fine, paying the costs, or denying his
or her use of a recreational facility. (§ 136)
7. Voluntary Dispute Resolution
The Act provides an option for
the strata’s bylaws to incorporate
a voluntary and nonbinding disputeresolution process involving any
combination of owners, tenants, and
the strata corporation. Without limiting
a participant’s duties, powers, or rights
to arbitrate or sue, the Act holds that
admissions, documents, records, or
statements presented in the dispute
resolution process may not be
used in other proceedings such as
in arbitration or court. (§ 124)
8. Council Hearing Requests
As long as an owner’s or tenant’s
reason to request a hearing is
in writing, the Act requires the council
to hold a meeting within 4 weeks.
If the purpose of the hearing is to seek
a decision, the Act imposes a 1-week
deadline after the hearing for the
council to provide a written decision.
(§§ 34.1, 135, 144) (Reg. 4.01, 7.2, 8.2)
9. Civil Resolution Tribunal
On May 7, 2012, a new alternative
was implemented to assist
in resolving conflicts and issues
within stratas—the Civil Resolution
Tribunal. In addition to proving
information to assist the conflicting
parties in managing a dispute
themselves without the involvement
of the Tribunal, the Tribunal can
provide facilitated discussions
within a hearing environment.
10.Arbitration
An owner, a tenant, or the strata
corporation can refer six categories
of disputes to arbitration. One of the
dispute categories deals with the
application or interpretation of the
Act, including its Regulations as
well as the strata’s bylaws or rules.
Another category includes “the use
or enjoyment of a strata lot.”
(§§ 177, 185, 187, 188)
Other than a right to appeal
to a Judicial Review or to the BC
Supreme Court, the Act holds that an
arbitrator’s decision is final. (§§ 185, 188)
With so much of a strata’s
authority and direction
in the hands of the
strata council, when voters
call for an SGM erroneously,
that can sometimes be seen
as “Mutiny on the Bounty.”
11.Voter-Requested
Special General Meetings
Section 27(1) of the Act states,
“The strata corporation may direct
or restrict the council in its exercise
of powers and performance of duties
by a resolution passed by a majority
vote at an annual or special general
meeting,” but the strata cannot direct
or restrict the council if it would be
contrary to the Act, the Regulations,
or the strata’s bylaws and cannot
interfere with the council’s discretion
concerning the contravention of bylaws
or rules, fines, access to recreational
facilities, or rentals.
The Scrivener
With so much of a strata’s
authority and direction in the hands
of the strata council, when voters
call for an SGM, that can sometimes,
erroneously, be seen as “Mutiny on the
Bounty.” (§ 43)
If at least 20 percent of a strata’s
voters present a written and signed
demand to consider a resolution or any
other matter, the strata corporation must
hold an SGM within 4 weeks of the
demand. Alternatively, the president
of the council may call an SGM without
having held a council meeting. (§ 43)
While a strata’s bylaws specify
the agenda’s sequencing, for any SGM
called by those 20 percent voters
or the president, the Act trumps the
bylaws and requires the resolution or
other specified matter(s) be the first
item(s) on the agenda. (§ 43)
In the event the SGM is not held
within the Act’s 4 week prescribed
time, those persons having demanded
an SGM may themselves hold an SGM
as long as they have complied with
the Act, its Regulations, and their
strata corporation’s bylaws. (§ 43)
25
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12. Legal Remedy: Supreme Court
In section 164, the Act also provides
an owner or tenant an option against,
and remedying, the “unfair acts,”
“action,” or “threatened action”
of the strata corporation, including the
council, in relation either to an owner
or a tenant. Not only could a strata’s
transaction or resolution be varied
by the Court, the Court could intervene
and “regulate the conduct of the
strata corporation’s future affairs.”
An owner, tenant, strata lot
mortgagee, or interested person may
also make a Court application for the
strata corporation
•
to perform
its required duty
covered under the Act or the
strata’s bylaws or rules,
•
to stop
convening such written
governance, or
•
to make any other
orders. (§ 165)
necessary
Also included in “unfair acts”
is a strata corporation’s protection
against a person holding 50 percent or
more of the eligible votes. (§ 164)
13. Legal Remedy: An Administrator
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26
Whether pursued by an owner,
a tenant, mortgagee, or other person
having in interest in a strata lot, or
even the strata corporation itself,
an application can be made to the
BC Supreme Court to appoint
an “administrator to exercise the
powers and perform the duties
of the strata corporation”—in other
words, effectively removing some or
all of a strata council’s rights under
sections 4 and 26 of the Act and
possibly even those of the owners
under section 27. (§§ 174, 196)
Unless the Court grants an
administrator absolute authority,
any resolution requiring a majority
or ¾ vote ownership approval under
the Act will still be required for the
administrator to exercise a power or
perform a duty. (§ 174)
While the Court may appoint
an administrator, who in turn may
delegate some of his or her power,
the administrator’s expenses and
remuneration are to be paid by the
strata corporation. (§ 174) s
STRATA FEATURES
Strata 101.9
A
primary communications
focus in the Act is
concerned with allowable
distribution modes to authorized
persons for the permitted or
required strata documents,
notices, or records.
(§§ 1, 36, 54, 55, 59, 60, 61, 115)
They are email, fax, mail, and
hand or personal delivery.
Other than through a strata’s
bylaws, the Act does not specify
a timeline for the preparation
and distribution for minutes.
Because minutes are a required
strata document, delivery must be
made by one or more of the authorized
distribution modes. (§§ 43, 61)
The Act requires the
strata to inform owners “as soon as
feasible” about the following.
•Unapproved expenditures (§ 98)
•New Rules (§ 125)
•Bylaw Amendments (§ 128)
•Notice of Complaint Decision (§ 135)
•Defending Law Suits Against
Strata (§ 167)
The Act provides for electronic
attendance at general meetings as
long as all persons participating in the
meeting are able to communicate with
each other during the meeting. (§ 49)
Unofficial Strata Communications
A strata may be a divergent
but not necessarily harmonious
group of individuals. Effective
communications can be the glue that
makes a strata into a more cohesive
and functioning neighbourhood. In
some stratas, other than the AGM
requirement to pass a budget, the
only interaction with the strata is the
monthly strata fee payment.
(§§ 1, 99, 106, 107, 246)
Ian Callaway
Communications
Newsletters or other updates
about what is happening within the
strata can be exceptionally helpful
in community-building, whether it be
the replacement of a boiler or a list
of service providers planning to be on
site in the near future. (§§ 91, 95, 96, 97, 103)
Dealing with Challenging People
A strata may be home to various
individuals who function well with
like-minded individuals but clash with
others. Section 31’s Standard of Care
provides several benchmarks for council
members in their dealings with all
owners, regardless of how a council
member may feel about any owner’s
personality: Act as a reasonable prudent
person, act honestly, act in good faith,
act in the strata’s best interest, exercise
care, and exercise diligence.
Some challenging owners could be
characterized in these ways.
•
Buffoons: In the face of an
off-the-wall performance, it is
best to steer, with patience, the
discussion back to the matter at
hand within the framework of the
Act and the strata’s bylaws.
•
Bullies: While most owners show
civility and cooperation, bullies
often take a single piece of truth
and weave a story that with force
and repetition grinds the patience
of others.
•
Contrarians: No matter what is
discussed or presented, some
people take the opposing position.
•
Dabblers: Some individuals like
to take a fact out of context
to create a credible story.
•
Frauds: Loosely organized and
administered stratas become
a fertile environment for the
predatory fraudster who presents
the “caring” and “just so
nice” persona, but is reluctant
to provide accountability
in a verifiable, written format.
The Scrivener
•
Flip-Floppers: These individuals
often change their opinions on
important matters.
•
Liars: While truth is their enemy
and documentation is their undoing,
they work hard to re-shape the
strata to fit their personal goals.
•
Nonreaders: Some simply don’t read
the materials a council distributes.
•
Omniscients: Some people know
all the answers—whatever the
question might be.
Personality should play a minor
part in interaction. Councils must
treat everyone with the same benign,
documented objectivity, with a degree
of compassion and humanity, regardless
of how verbally hostile a person may
become in a strata environment.
Respond with the persistent authority
of the Act and the strata’s bylaws.
Build a response, with the support
of the Act and the strata’s bylaws. As
long as a person is an eligible voter, he
or she has responsibilities and rights
under the Act, the strata’s bylaws, and
quite possibly under other statutes.
(§§ 1, 4, 26, 28, 31, 32, 34.1, 36, 40, 42, 43, 45, 48, 50,
54, 55, 56, 134, 135, 136, 163, 164, 170, 174, 177)
(Reg. 4.01, 7.2, 8.2)
In the face of menacing threats
or physical violence, call 9-1-1. s
Ian Callaway, MA, MEd, RHU, BCFE,
Insurance Analyst and Forensic Examiner,
is a recognized Disability Insurance
authority having spoken at every major
international Disability Insurance forum
and written extensively on Disability
Insurance. As President of his strata, he is
actively involved in contract evaluations,
the tendering of major re-piping
and re-roofing projects, and efficient
council operations. As a litigant, he has
challenged insurer’s adversarial positions
and strata members who have failed
to disclose facts and material defects.
Telephone: 604 629-0042
[email protected]
27
STRATA FEATURES
Cindi Marsden
Strata Claims:
An Insurance Adjuster’s
Point of View
T
he Strata Property Act
replaced the Condominium
Act in 1998.
In the new Act, a number
of changes altered the way we handle
insurance claims, from the vantages
of both the strata and the owners.
Typically, it’s when a loss occurs
that people really see what their
insurance coverage provides. It is very
important to address any shortfall or
lapses in coverage ahead of time. In
95 percent or more of the claims we
adjusters handle, the unit owners have
no idea what the strata’s deductible is.
They are often unclear whose policy
should respond to the losses, and at
what point. And they are not alone.
When a loss occurs in a strata
complex, a number of insurance
policies may come into play to respond
to the damages. There is an urgency
to deal with mitigation of damages
and restoration of property, which can
be impeded by conflicting information
at the outset. A rented condominium
unit may very well have three insurers
involved to respond to myriad classes
of coverage that one loss may trigger.
Some leading case law has
broadened the interpretations
of relevant Strata Property Act sections.
Regardless of the interpretations,
a number of misconceptions prevail
and can cause some frustration when
handling claims.
28
When a loss occurs
in a strata complex,
a number of insurance
policies may come into play
to respond to the damages.
Truths
1.Improvements made to the unit
are insured under the personal
policies of owners, whether or
not they are made by the current
owner or a previous owner.
They are not insured by the
strata corporation. (Strata Property
Act, section 161)
2.Contingent coverage for
damage to the building (not
improvements) inside the insured
unit, where such damages
would not exceed the applicable
strata deductible, is commonly,
though not always, available
by the owners, and can be
limited.
3.Provisions for payment of
assessments of a deductible made
by the strata—where valid—is
sometimes, though not always,
available through the owners’ policy.
4.Some unit-owner policies limit the
coverage available for recovery
of deductible assessments.
Likewise, some bylaws restrict
recoverability. Coverage for this
is available only for insured
losses as would be covered
by the owner’s policy. That can
be at issue in cases where the
strata’s coverage is broader than
the owner’s—for instance, water
entering through a roof.
Some owner policies do limit the amount
recoverable by way of a strata deductible
assessment, which should be a concern
for owners who live in stratas that carry
high deductibles.
Following are some commonly held
myths that we adjusters face daily.
Myth #1
The strata policy does not cover
damages within the walls of an
individual unit.
False: Section 149 of the Act
requires that the strata insure the
building, which includes all original
fixtures installed by the developer
within a unit.
Myth #2
Damages between owner-owner are not
the responsibility of the strata and do
not fall within the scope of coverage
provided by the strata’s policy.
False: Section 149 requires that
insurance be in force against loss
or damage within a unit—any unit.
The cause is irrelevant as long as
it is a peril insured by the policy.
The responsibility to maintain—and
the responsibility to insure—are not
synonymous.
Myth #3
False . . . and True:
Losses originating from nonoriginal
fixtures are not covered by the strata’s
insurance.
An individual owner does not have
section 158(2) available to recover
his or her deductible in the way the
strata does. If the cause of the loss
was a result of negligence on the part
of the source unit, the owner of the
damaged unit (through his or her
insurers) can recover/subrogate against
the source unit upon settlement
of the first party loss. In both cases,
the payment from the source unit is
recovery-based. It is a reimbursement.
With the widespread
misperceptions about whose policy
should respond, sadly it is often the
owners—as laypersons—who are
caught in the middle. In many cases,
restoration contractors are caught
in the crossfire because they have no
clear guidance on where to send their
billing for services.
It is essential that all insurers
are notified promptly. Adjusters are
capable of sorting out the coverages
very quickly so that restoration is
not delayed and claims progress.
In fire and water situations, time is
of the essence to mitigate the loss
and control exposures to rot, mould,
rodents, and so on.
From an underwriting perspective,
it is also important for property
managers and strata councils
to communicate their coverages
to the owners—particularly when
there might be a higher-than-average
deductible. That will help owners
confirm that their own policies provide
the necessary coverage before a loss
occurs . . . not after. s
This article is not intended
to be complete in description
of strata insurance. Please consult your
insurance professional.
False: The insurance policy provides
coverage arising out of causes/perils
as discussed within the coverage.
Whether or not the fixture or items
giving rise to the claim are original
to the development is irrelevant.
Myth #4
If a loss originated from Unit A,
causing damage to Unit B, it is Unit A’s
responsibility to repair Unit B.
False: If a loss falls under the
scope of coverage provided by the
strata’s policy (that is, the property
damaged is insured as original to the
development), then the strata is
required to address repairs under
its policy. Should the loss be minor,
such that it would not warrant a claim
in view of the deductible, then it is the
responsibility of the owner whose unit
is damaged to report a claim to his or
her insurers.
Myth #5
©iStockphoto.com/Mangostock
If an owner files a claim under his or
her own policy for damages in his/her
unit that originated from another unit,
the owner can recover from the other
owner.
Cindi Marsden, FCIP, CRM (Hons),
is a Fellow Chartered Insurance
Professional. She holds a Canadian Risk
Management designation of the Global
Risk Management Institute. Currently
a company road adjuster who has been
handling claims within the insurance
industry since 1980, Cindi has handled
both sides of strata claims for decades.
Civil Resolution
Tribunal Act
Tony Gioventu, Executive
Director of CHOA BC
(Condominium Home Owners
Association)
I
n the strata corporation
industry, some disputes
are perceived as trivial
in nature.
They cannot be trivialized and
ignored because they frequently
have such a significant impact
on property use, compliance with
legislation, and the overall wellbeing of a strata community.
In Spring 2013, the
provincial government introduced
Bill 44, the Civil Resolution
Tribunal Act, which will be
brought into effect over the
coming years. The mandate is
to deliver dispute-resolution
services that are accessible,
timely, economical, informal,
and flexible. While the principles
of fairness and law will be
applied, the obligation will be
to recognize the continuing
relationships between and
among parties after a tribunal
proceeding is concluded.
The tribunal will have the
authority to award settlements
for costs and the ability
to order the enforcement
of relevant legislation and local
governance. Cheryl Vickers
is the interim Chair; several
working committees on all facets
of the dispute process will help
develop frameworks for the
drafting of regulations, rules,
and operations of the tribunal
system. By 2014–2015, the first
tribunal proceedings should be
commencing. s
Telephone: 778 372-6148
The Scrivener
29
STRATA FEATURES
Tazmeen Woodall
So You Want to Buy a Strata
T
here are many
benefits to living
in a strata complex.
Strata ownership also has
its drawbacks.
The Pros
•Safety and security
•Community living
•Shared common expenses
•Affordability
The seller is required (if he
or she lives in the property)
to provide a disclosure…
•Bylaws could restrict your use and
enjoyment of your home
•Large undisclosed assessments/
repairs
•You’ll also want to review the
Form B—the property manager’s
•Usually centrally located
The Cons
--
Form B confirms
of how the complex/building is
being managed and a history
of complaints and how they are
being addressed. The review
can sometimes tip you off as
to the disposition of your new
neighbours.
•The financial statements of the
corporation let you know where
money is being spent and what
it costs to run the building/
complex/corporation. They also
allow you to see how your monthly
maintenance fees are being spent.
•Carefree and easy living
disclosure of the complex/building
and the individual suite.
the maintenance fees,
the contingency reserve amount,
whether there are any
outstanding fines, assessments,
or law suits, and
various other important items
you will want to know before
purchasing.
•The seller is required (if he or she
lives in the property) to provide
a disclosure about the complex/
building and suite. It is strongly
recommended that the disclosure
document be incorporated into the
purchase and sale contract.
•Close proximity to neighbours
(lack of privacy)
When you are buying a strata home,
I recommend the following to you.
©iStockphoto.com/zxcynosure
•Review the bylaws of the
strata corporation. Standard
bylaws follow the Strata Property
Act. And the strata corporation
can add its own bylaws, for
example, whether pets/rentals/
barbeques are permitted and
under what restrictions, if any, and
age restrictions.
•Reviewing 36 months or more
of the strata council minutes
will give you an overview
30
•Have an independent home
inspection done on the suite.
It is important to note that most
independent home inspections
cover only the interior of the suite,
so it’s important to request the
inspector to look at the larger parts
of the complex—the roof, the boiler
room, parking, and storage rooms,
as well as any amenity rooms on
site. The inspector will look for signs
of roof leakage, mould, electrical
and plumbing upgrades, and any
other deficiencies visible to the eye.
•Ask to see any engineering or
maintenance reports conducted
on the building within the last
5 years. An engineering report
is more detailed than a home
inspection because the engineer
is authorized by the council
to investigate the entire complex,
which includes prodding of exterior
walls to determine water ingress.
•Cross-reference the council
minutes with the above reports.
Speak with the property manager,
members of the strata council,
and even neighbours to ensure
items listed in the reports have
been addressed.
Experienced Lawyers for
Your Strata Property Needs
•
•
•
•
•
•
Strata fee collections
Reviewing and drafting by-laws
Enforcement of by-laws
Legal opinions
Leaky condominiums
Construction litigation
G. Stephen Hamilton.
Suite 1220 Airport Square
1200 West 73rd Avenue
Vancouver BC V6P 6G5
Tel:
604-269-8500
Fax:
604-269-8511
Toll free: 1-888-LAW-5544
[email protected]
hammerco.net
SERVICE – INTEGRITY – RESULTS
•Ask if a Depreciation Report has
been approved or conducted and
review it.
Real Estate Valuation and Consulting Services
to Help You Make the Best Real Estate Decision
•The most important considerations
when buying a strata are to ensure
•
•
•
•
•
--
the building is structurally sound,
it has a proactive council that
tends to maintenance and
repairs before items become
unmanageable and too costly,
and
Appraisals: Residential, Commercial, Industrial
Assessment Review and Appeal
• Replacement Cost Analysis
Highest-and-Best-Use Studies
• Feasibility Studies
Rental Analysis
• Depreciation Reports
Insurance Appraisals
-
Georgina Ironmonger,
a healthy contingency fund is
in place. s
Tazmeen Woodall is an experienced real
estate professional who specializes in the
purchase and sale of strata properties.
A staunch supporter of the Kidney
Foundation, she loves to travel and takes
pride in making an everlasting difference
in the lives of those around her.
Telephone: 604 760-7005
tazmeen@tazmeenwoodall
www.vancouverstratainfo.com
AACI, P.App
Owner and Manager
of Keystone Appraisals,
a full-service independent
real estate appraisal firm
Keystone
Appraisals Inc.
Trail: 250 368-6855
Nelson: 250 352-6855
Grand Forks: 250 442-0024
Fax: 250 368-6856
[email protected]
www.keystoneappraisals.ca
Timely Response, Experienced People, Objective Results!
Proudly Serving the Kootenay Boundary
Member: Appraisal Institute of Canada
The Scrivener
31
FEATURE
Margaret Rankin
Buying into a Strata Corporation
T
azmeen has presented
an excellent overview
of items you must consider
to protect your investment
in your new townhouse or
a condominium.
To protect your legal interest in the
property, review them carefully with
your legal representative—a BC Notary
or lawyer.
1.Before registering title to the
property, your legal professional
will need to know how you intend
your name(s) to appear as the
Registered Owner on the actual
title. He or she will explain the
charges registered against the title
to your strata lot and against the
common property.
The charges represent three legal
distinctions in your ownership of your
strata property.
•The charges that will remain
registered against your property
and why they are there, for
example, easements, covenants,
restrictive covenants, rights of way
•The “legal notations” registered on
the title that mainly benefit your
title ownership, such as charges
against a neighbouring property,
for example, easements, rights
of way, and covenants
•Any charges registered against
the Common Property of the
Strata Corporation, for example,
financial charges and bylaw
changes. Your legal representative
must ensure that no charges against
the title to your new property
adversely affect your ownership
32
2.You will verify the Strata Plan
to determine that the “civic
address” of the property you have
purchased is the correct “strata lot”
as located on the Strata Plan.
To protect your legal interest…
review them carefully…
3.You will review the municipal
property taxes and strata obligations
to ensure
•your civic address and the legal
description of your property agree
with each other;
•there are no outstanding tax
arrears that must be paid by the
seller and there are no Land Tax
Deferment Act charges registered
against the title that must be
paid out and discharged on the
completion of the transaction; and
to purchase your new property,
your financial institution will have
provided your legal representative
with the details of the “mortgage”
charge to be registered against
your new property. Review all the
specific details about the money
you have pre-arranged to borrow.
6.Your legal representative will
advise you on obtaining the
required home and liability
insurance specifically required
for strata corporations to protect
you against any liability relating
to any adjoining neighbours. He
or she will also ensure that the
strata corporation insurance is
in effect to protect you and your
financial institution.
Within a few months following the
completion of your transaction, you will
receive a “State of Title Certificate”
detailing
•any unpaid strata corporation
fees owing by the seller are fully
paid upon the completion of the
transaction.
•you as the “Registered Owner”
on title to the property, set out
the way you instructed your legal
representative to do it;
4.Your legal representative is
responsible to protect you
to ensure that any financial
charges on or affecting your new
property that are the seller’s
responsibility are paid out and
discharged from the title following
the completion of the Contract,
as detailed in your Contract
of Purchase and Sale. That is
completed by a professionally
insured “undertaking” exchanged
between your legal representative
and the legal representative
of the seller.
•any charges registered against the
property, being those nonfinancial
charges that will remain on the
title you are purchasing; and
5.If you are using mortgage monies
from a financial institution
•the “mortgage” charge(s) that
have been registered against
the title to secure the interest
of your financial institution in the
property. s
Margaret Rankin is Notary Public
practising in Lynn Valley in North
Vancouver.
Telephone: 604 985-5789
Fax: 604 985-5597
[email protected]
STRATA FEATURES
Jim Emmerton
Kevin Zakreski
Strata Property Law
and Law Reform
I
n November 2012, the British
Columbia Law Institute
(BCLI) completed and
published a Report on the 1-year
“Strata Property Law: Phase One
Project” started in January 2012
and generously funded by the
Notary Foundation of British
Columbia.
The goal of Strata Property Law:
Phase One was to determine whether
a phase two law-reform project was
needed and, if so, to identify the major
issues for examination in a phase
two project. During the Phase One
Project, BCLI met in four consultation
sessions with lawyers, law professors,
strata managers, surveyors, and other
experts in the strata property field.
The feedback received in these
consultation sessions was instrumental
in Phase One reaching its goals,
including agreement that there should
be a phase two project. BCLI is
developing the phase-two law-reform
project on the seven major topics
recommended in the Phase One Report.
1. Fundamental Changes
In view of the maturing nature
of many strata buildings, there
will be a growing need to address
changes such as dissolution
of strata corporations in future.
recent court case gives
A
a troubling glance into the kinds
of problems that may be just over
the horizon for many of British
Columbia’s first-generation
strata properties. The case
involved a development that was
organized just before the advent
of British Columbia’s first strata
property law in 1966. By 2011,
just as the owners were facing
huge potential bills for repairs that
were going to become a reality
in the near future, a developer
offered to buy them out.
The importance of keeping
British Columbia’s
strata property law updated
cannot be overstated.
Since redevelopment of the
complex would involve
a termination of the existing
development, the unanimous
agreement of owners was required.
When this level of agreement
could not be reached, the owners
effectively split into several
groups, which ended up waging
a bitter and costly battle in the
courts.
The Scrivener
2. Complex Stratas
As the strata market continues
to grow, the complexity
of strata developments is
continuing to develop, suggesting
examination of the law in this area.
3. Leasehold Stratas
Development of leasehold stratas
is quite limited by the current law.
The concept merits review for
potential reform.
4. Common Property
Despite much experience,
issues continue to emerge
regarding common property
rights and obligations.
5. Governance Issues
Good governance of strata
corporations is an area
of perennial importance.
It merits review.
6.Insurance Issues
and Land Title Issues
They are two areas where
strata property law intersects
with other areas of law. BCLI is
well experienced in the review
and reform work in areas
of intersecting laws.
7. The Strata Property Law
Phase Two Project will be a large
3-to-3.5 year project to be
undertaken with an independent
33
Specializing in the Purchase
and Sale of Strata Properties
Strata • Condo • Apartment • Townhome • Duplex
Thinking of buying or selling a Strata Property?
Call today for a no-obligation consultation.
www.vancouverstratainfo.com
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Our Head Office: 604 635-5000
Project Committees typically
meet monthly…
Project Committee. The objective
in forming the volunteer Project
Committee is to recruit the best
expertise available and provide
a balance of stakeholder views
and interests on the Committee.
Along with representatives from
key stakeholder segments, the
Ministry responsible for Housing
will assign a representative
to participate in the Phase Two
Project Committee.
Project Committees typically meet
monthly to consider the research
and analysis prepared by staff. In
view of the number of large areas
for review, we anticipate regular
monthly meetings for about 2 years.
Because the total cost of the
project, including in-kind value
of Project Committee members,
is expected to exceed $500,000,
BCLI is seeking funding from
several sources with the objective
of commencing the project in the
Fall 2013. BCLI most appreciates
the commitment of the Housing
Ministry and Real Estate Institute
of British Columbia to provide
initial funding.
BCLI is continuing to organize
the Phase Two Project, including
recruiting a Chair and a Project
Committee and seeking
funding with a view to formally
commencing the project in the
latter half of 2013.
The importance of keeping British
Columbia’s strata property law
updated cannot be overstated.
It is estimated that approximately
30,000 strata corporations
are now registered and the
number of BC residents living
in strata accommodation is
expected to continue to grow
for the foreseeable future. s
Jim Emmerton is Executive Director
of the British Columbia Law Institute.
[email protected]
Kevin Zakreski is Project Manager,
Strata Property Law: Phase Two.
34
STRATA FEATURES
Gina Ironmonger
Strata Corporations
Demystifying the
Depreciation Report
D
epreciation Reports,
a long-term plan for
common property
and assets, are now
mandatory for thousands
of BC strata corporations.
The new regulations will have
an enormous impact on how
strata properties are bought and
sold. The regulations will be used
by owners, potential buyers, lenders,
and insurance providers to plan and
assess costs and the risk associated
with owning, buying, and lending—and
perhaps providing insurance coverage.
In December 2012, the BC
government enacted changes to the
Strata Property Act that make it
mandatory for strata corporations
to evaluate the anticipated costs
to renew or replace common property.
A Depreciation Report will be
mandatory.
Note: The legislation does not apply
to corporations of less than five
units or to a strata corporation with
a 75 percent vote annually to exempt
itself from doing the report.
Changes to Form B
As of March 1, 2012, every
nonexempted strata corporation must
disclose whether it has a Depreciation
Report. If so, they must provide a copy
of it. My thoughts are that although
strata corporations may vote to be
exempt, eventually they will comply
due to the difficulty of selling without
the report.
The new regulations will
have an enormous impact
on how strata properties are
bought and sold.
Strata buildings are complex
structures, most of them worth
millions of dollars. There is no doubt
that many strata corporations are
currently underfunded. Studies show
the average strata contingency fee
within the province of BC ranges
between $20 and $25 per month—
we probably spend more than that on
our vehicle maintenance or even our
coffee!
Because this is new legislation,
there is much confusion and numerous
questions. The questions fall
into various categories. This article
looks at three of them.
•
What is a Depreciation Report?
•
What does a Depreciation Report
contain?
•
What are the benefits?
The Scrivener
1. What is a Depreciation Report?
A Depreciation Report is a financial
document that provides the basis
for the funding of major repairs and
replacement of the common elements
and assets of the strata corporation.
It comprises a detailed physical
inventory and analysis and a financial
forecast over a 30-year period.
It will outline
•the current financial situation
of the strata’s contingency reserve
fund,
•the estimated replacement/repair
cost of the common assets, and
•a financial plan designed to assist
in planning for the long-term
repair and replacement of the
common assets.
The report will also contain the
following.
•The common assets of the
strata (a detailed inventory)
•The condition and expected
lifespan of the assets
•The costs to repair/replace the
assets (both current and future
costs)
•The amount of money the
strata currently has set aside
(contingency fund)
•A plan for funding the future costs
of the common assets
35
The regulations have set out the
requirements for
•the time periods of the reports,
•the qualifications of the people
providing the reports,
•the schedules for updates,
disclosure of reports, and
conditions of reports, and
•the information that must be
included.
2. What Does a Depreciation Report
Contain?
The following is not intended to be
a detailed analysis of the legislation.
It is a general discussion of some
of its key components.
Not all buildings are the same but the
common assets typically include the
following. (This list is not complete.)
reserve fund that takes
into account assumed interest and
inflation rates.
The qualifications of the author(s)
of the report, their relationship,
if any, to the strata corporation,
and information on any errors and
omissions insurance must be included
within the report. It is unfortunate
that the Act only broadly defines who
is qualified to develop a Depreciation
Report.
The Board of Directors
of the strata corporation—
perhaps for the very first
time—will have all the
information on the common
assets in one place.
•The building structure
•Systems such as plumbing,
heating, electrical, fire, security,
entry systems
•Roofs, balconies, windows, doors,
exterior siding, elevator
•Parking facilities
•Landscaping
•Interior finishes such as hallway
flooring, painting, furnishings,
the interior of the elevator
•Common facilities such as
clubhouses, pools, hot tubs,
exercise rooms
•Green building components
and so on
The physical analysis will identify
•the life expectancy,
•the effective age,
•the remaining life, and
36
For the purposes of section 94(1)
of the Act, “qualified person” means
any person who has the knowledge
and expertise to understand
•the individual components,
scope, and complexity of the
strata corporation’s common
property, common assets, and
those parts of a strata lot or
limited common property or both
that the strata corporation is
responsible to maintain or repair
under the Act, and
•the strata corporation’s bylaws or
an agreement with an owner, and
•the ability to prepare a Depreciation
Report that complies with
subsections (1) to (4).
Similar legislation in Ontario (the
Ontario Condominium Act) specifies
a list of “qualified” persons as follows.
•Accredited Appraisers Canadian
Institute (AACI)
•the cost of major repairs and
replacements of each of the
common assets based on current
costs.
•Architects
The financial forecasting section
includes
•Registered Engineering
Technicians
•a projection of the maintenance,
repair, and replacement costs for
the next 30 years, and
•Professional Engineers
•the current balance and
contributions of the contingency
•Architectural Technologists
•Certified Reserve Fund Planners
•Professional Quantity Surveyors
•Registered Building Technologists
The Condominium Home Owners
Association (CHOA) identifies similar
professionals and includes a lot of useful
information on www.choa.bc.ca.
Because the legislation is new and
the Act does not identify mandatory
qualifications, there is concern about
the competency of the individuals and
companies completing the reports.
Financial decisions will be guided
by these complex and costly reports.
Thus it is important for property
managers and/or strata corporations
to verify the qualifications and
designation of those individuals, their
professional associations, their errors
and omissions insurance, and their
experience.
3. What are the Benefits?
Although there is certainly a cost
associated with the preparation of the
Depreciation Report, the benefits now
and into the future will outweigh those
costs.
The Board of Directors of the
strata corporation—perhaps for the
very first time—will have all the
information on the common assets
in one place. They will now know if
contingency fund contributions are
adequate—or inadequate. A strategy
can be formulated to eliminate
or greatly reduce special levies,
assessment, and/or loans. The
strata corporation can plan and so can
the individual owners.
•In anticipation of major
repair or replacement, the
strata corporation will be able
to obtain bids and negotiate.
•The strata will be able to hire the
right company for the job and
to specify when the work is to be
completed.
•The strata will not have to settle
for a company that can attend
in an emergency. Emergency
work can cost, on average,
25 to 40 percent more than
a nonemergency.
As the market matures, the buyers,
lenders, and mortgage insurers will
become more versed in Depreciation
Report documents. The reports will
be a widely used tool to manage
risk for buyers purchasing units
in strata developments. Lenders will
also look at the documents (or the lack
thereof) as a measure of risk of the
property.
If your strata poses risks that
indicate a high-ratio buyer (high
loan-to-value ratio) may not be able
to manage special levies or unknown
future costs, your strata may be seen
unfavourably by buyers, lenders, and
mortgage insurers. That will make
•the marketing of the units more
difficult,
•the listing times longer, and
•discounts more likely in the
eventual selling prices.
The absence of a Depreciation
Report will, in all likelihood, make it
more challenging for an owner to sell
his or her unit.
Maintaining a building and keeping
it in an aesthetically pleasing condition
will enhance market value. As with any
type of housing, you can budget for
repairs and replacement of key items
or you can bite the bullet when it all
falls apart. You pay for it either way,
but planning ahead makes things a lot
less stressful for strata owners and
in the end maximizes investment and
minimizes risk.
Judi Whyte RI
Robbi-Layne Robertson
Inaugural Professional Excellence Award
Real Estate Board of Greater Vancouver
Cell: 604.868.9812
[email protected]
Cell: 604.351.9417
[email protected]
Selling Homes for over 30 years ~ www.JudiWhyte.com
Call us for real estate advice and service you can trust.
Prudential Sussex Realty 2397 Marine Drive, West Vancouver, BC V7V 1K9
This article is for general information
only. It is not intended as legal
advice. Use it at your own risk.
Gina Ironmonger or Vision Property
Advisors will not be liable to you or any
other person for any loss or damage
arising from, connected with, or
relating to the use of this article or any
information contained herein by you or
any other person. s
Gina Ironmonger, AACI, CRP, RI(BC),
is President of Vision Property Advisors
and Keystone Appraisals. Vision
Property Advisors provides Depreciation
Reports and Insurance Appraisals
throughout the province; Keystone
Appraisals provides real estate valuation
and consulting services.
Telephone: 1-877-659-3224
[email protected]
www.visionpropertyadvisors.com
The Scrivener
37
STRATA FEATURES
Allan Beatty
Depreciation Reports
Mandatory for Commercial
Strata Property
T
he BC Provincial
Government*
requires all British
Columbia strata properties
over five units to complete
a Depreciation Report
by December 2013.
•Strata corporations can defer
that report with a 3⁄4 AGM vote
that must be renewed annually.
•Commercial strata property
is not exempted.
Complications or Differences
•The Strata Property Act (SPA)
does not contain any significant
wording to differentiate between
commercial and residential
strata developments. Therefore,
a commercial strata property
has the same requirements
to maintain both an operating fund
and a contingency reserve fund.
•Regulations require strata
corporations to put funds
equal to 10 percent of their
normalized operating budget
into a contingency reserve fund
until that fund reaches a level
of 25 percent of the operating
budget. After that, further
contributions are discretionary.
38
The BC Provincial Government*
requires all British
Columbia strata properties
over five units to complete
a Depreciation Report
by December 2013.
•For Depreciation Report purposes,
commercial units provide
a different type of challenge than
most residential strata property,
in three important areas.
1. Bylaw Issues
a.When all units in the
strata are similar, there are
few differences between
residential and commercial
strata bylaws.
b.When the types of units
differ, the SPA allows the
strata corporation to create
“sections” within their bylaws.
In those cases, the obligations
of the commercial unit owners
can be much different than
the residential (or other)
sections. A good example is
a mixed-unit development
with both commercial and
residential units, where
the commercial area has
dedicated customer parking.
The residential unit owners
may be restricted from parking
in those customer parking
areas but have the exclusive
right to the guest parking
elsewhere in the strata. In that
case, the responsibility to set
aside reserve funds can differ
quite substantially.
c.Other cases can be quite
complicated in establishing
which components fall
into which category. Bylaws are
often helpful but sometimes
are not specific enough
to provide clear delineation.
The Depreciation Report
should discuss issues like that
and include an explanation
of how they were resolved
in the study.
d.Some strata corporations
recognize types of units rather
than the more formal structure
of establishing sections.
Defining different units as
types generally provides more
flexibility in the way different
types of units are asked
to contribute to contingency
reserve funding.
2. Component Issues
• F
or commercial strata
developments, it is also
necessary to carefully delineate
which components are the
responsibility of a specific
section or type of unit. It is not
uncommon to see components
of the property that are
exclusively used for more than
one but not all unit owners.
For example, the contingency
reserve contribution for
a stairwell or loading dock,
dedicated to several units but
not all the units in a strata,
requires different treatment for
reserve purposes.
3. Development Issues
a.For commercial and mixeduse strata developments, it
is also not unusual for the
developer to retain one or
more units.
b.There have been examples
where those units include
special provisions favourable
for the original developer who
retains one or more units,
and the opposite provisions
for other strata units in the
complex. For Depreciation
Report purposes, it is
important that any unusual
differences or shortfalls
in the responsibilities for the
distribution of contributions
be recognized and discussed.
LEAVE A LEGACY
OF YOUR OWN
and feel great about
the lives you’ll save
IT’S MORE THAN A GIFT. IT’S TIME.
Estate
Litigation
I can help.
• Past President, TLABC
• Past Chair Wills &
Trusts Section, CBA
A Depreciation Report is intended
to provide information for the
strata corporation so it can make
informed decisions. It is not a legal
document and has limitations with
respect to its consideration of legal
or ownership issues.
• Over 38 years of
litigation experience
Trevor Todd
The Report is a tool that forms part
of a strata corporation’s information
base upon which to build a strategy
for the property and long-term
financial goals for the project. s
Estate Litigation
* Section 94, B.C. Reg. 238/2011,
in December 14, 2011
Allan Beatty, AACI, P.App, is an real
estate appraiser and reserve fund planner
associated with Kent Macpherson
Appraisals in Kelowna, BC, one of the
largest real estate appraisal and consulting
firms in the Interior region.
Jane Westheuser
Advisor, Gift Planning
(604) 730-7370
[email protected]
heartandstroke.bc.ca
Referrals Welcome.
P | 604 264-8470
www.disinherited.com
E | [email protected]
[email protected]
The Scrivener
39
STRATA FEATURES
David Watts
Strata Living
Downtown Style
A
bout 6 years ago,
I moved downtown.
At that time, I was single
and knew I would be spending a great
deal of time downtown building my
new business as a BC Notary.
I grew up in Vancouver and have
lived in several parts of the city. To
me, downtown was a concrete jungle
where people went to work, movies,
shopping, or dinner. I wasn’t expecting
the extensive leisure activities that
come with city life.
After 5 pm, it’s very much like
any other community where you see
families doing regular family things.
Many jobs in the province are in
downtown Vancouver within a few square
miles so it follows that proximity to the
downtown core is a desirable location.
Most residents live in a condo or
strata property. Strata basically means
layers of ownership over the same piece
of ground. The basic idea, as I recall
from my UBC Urban Land Economics
professors, is that land downtown is
very desirable and the demand makes it
very expensive. Stratifying the land gives
owners the benefit of location for a more
reasonable cost by consuming less land
per housing unit.
Residents are out walking their dogs,
shopping for dinner, picking up kids
from school or daycare, and playing
in parks.
Where I live in Yaletown, there
are 2 playgrounds, 2 dog parks, and
at least 5 other parks within a 5-to10-minute walk. The beautiful seawall
showcases False Creek and Burrard
Inlet, lush greenery and flowers, and
birds. People are walking, bicycling,
running, and roller-blading and
enjoying the city.
After 5 pm, it’s very much
like any other community…
I live on the 30th floor in a strata that
has 500 units on about an acre of land.
The complex contains fountains, water
features, and lots of green space.
©iStockphoto.com/Brytta
Benefits and Challenges
40
•Some will say a common
frustration is having to deal with
the strata council. A lot of people
don’t realize the huge investment
of time the volunteer members
of the strata council make on
behalf of everyone in the strata. In
a few buildings where I have lived,
council members have included
retired professional engineers
and developers and others with
extensive expertise and knowledge
about running buildings.
•It’s great to have someone to call
when there is a plumbing issue
and someone to take care of the
landscaping or exterior windowwashing. By living in a condo vs.
a house, owners can save time and
money on household maintenance.
•Some people complain about
their strata neighbours who share
common walls. Houses can have
neighbour problems, too—barking
dogs, all night parties, and illegal
activities. So when it comes
to neighbours, I don’t see much
difference between a house and
a condo.
•An obvious benefit to a house
is having a large private yard or
deck. That certainly can be quieter
than living in a condo community.
For my family, when we had
a child we knew we would need more
space. We went through the decision
process, looking at houses in several
communities. I was not opposed
to commuting, but I certainly liked my
12-minute walk/SkyTrain ride each way.
In weighing the cost of ownership,
we considered the time and cost
of commuting, including parking, vehicle
insurance, gas, a second vehicle, and
most important, our time. While living
downtown may be more expensive, the
location provides for cost savings and
time savings in so many ways.
We chose to move from the
1-bedroom downtown condo
to a 3-bedroom downtown condo.
A great degree of flexibility comes
with living so close to work. The time
savings allow me to have breakfast
with my family and still get to work
by 9. I am home shortly after 5 and
our family has dinner together!
Rather than going out to play
in a backyard, we often choose one
of the parks in the area. We walk
almost everywhere and hardly need
a vehicle.
We all make our lifestyle choices.
Living close to where we work is
something many of us try to do. For
us, for now, living downtown works. s
E S TAT E S • TA X AT I O N • T R U S T S • ACCO U N T I N G
Many of my clients are Executors, Notaries, and Lawyers
who come to me from all over BC and Canada. I help my
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I provide essential expertise required to minimize income
taxes and expedite final distributions.
Heather MacLean, BComm, CGA
Our firm provides advice on and preparation of:
Senior Estate Accountant
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Phone: 604-524-8688
Email: [email protected]
Web: www.mti-cga.com
#350 – 522 Seventh Street, New Westminster, BC V3M 5T5
You’ve always been there for others.
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David Watts is a BC Notary living and
working in downtown Vancouver.
Telephone: 604 685-7786
[email protected]
www.davidnotary.com
@davidnotary
Unfiledpriortaxreturnsandadjustments
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The Scrivener
41
COVER STORY:
STRATAS
Education First!
Scott Ullrich
in Conversation
with Val Wilson
The Scrivener: Scott, please tell us
about your background, your family,
and your early life.
SCOTT: I was born on a farm in Young,
Saskatchewan, near Saskatoon. My
parents Bert and Irene Ullrich sold
our farm when I was quite young and
moved to Vernon, BC, where they
purchased the Schell Motel. A year
later, they sold it and worked for the
Travelodge Corporation.
We moved around a lot, from
Vernon to Yakima, Washington,
to Kamloops, and eventually
Vancouver. In 1964 my parents
partnered with Harry and Ken Gillespie
who were building a new concept
apartment-building complex at the
corner of Arbutus and 33rd Avenue
called Arbutus Gardens. This project
was geared to empty-nesters who
wanted to downsize from their larger
single-family homes but still wanted all
the amenities.
The Scrivener: I recall that Arbutus
Gardens appeared on the market as an
innovative rental development.
42
SCOTT: Yes, the design and layout
of Arbutus Gardens were very
attractive; the project created
a private community within the
upscale Vancouver neighbourhood
of Kerrisdale. It boasted 2 pools,
a gym with sauna and swirlpool,
a games room with billiards and
shuffleboard, a card room, 2 large
party rooms, 7 hobby shops, and lots
more.
The design and layout
of Arbutus Gardens were
very attractive…
My parents managed the
building along with a staff of 14. The
Gillespies’ foresight on this project
was a huge success. The company was
originally called Gillespie Management
and renamed Gateway Property
Management in 1990 after we
purchased the Gillespie share
of the company.
The Scrivener: How did the business
of strata management begin?
SCOTT: Although Arbutus Gardens
was a rental building, it was a very
high-calibre project that provided
exceptional service to the residents.
When the original Condominium Act
was proclaimed, Gillespie Management
was in the unique position to offer
strata management services based on
the Arbutus Gardens model. That was
the start of the strata management
business for us.
The Scrivener: When did you get
into the business?
SCOTT: I was in grade school during
the company’s early years. During
the Summers, I almost lived at one
of the pools at Arbutus Gardens. As
the company grew and we started
managing more buildings, I would
spend a lot of time with my father
driving from building to building,
meeting with site staff and residents.
To say that property management
was in my blood would certainly be
accurate.
The Scrivener: Your dad must
have been very proud that you were
interested in the family business.
What education did you pursue
to prepare for your future?
SCOTT: After high school I went
to Simon Fraser University where
I received a Bachelor of Arts degree
with a major in Business. Although
I felt ready to start work at Gateway,
my parents encouraged me to further
my education. I obtained my CA
designation while working at Touche
Ross and Company (now Deloitte and
Touche). I also enrolled in UBC where
I received my Diploma in Urban Land
Economics.
Finally I got my chance to work
in the family business and started as
the controller for Gateway on August 1,
1983. Even though I was in the
accounting department, I joined the
Institute of Real Estate Management
to obtain my Certified Property
Manager designation.
After all that education, I got
to manage my first apartment
building—a unique heritage-style
building at the corner of Hemlock
and 14th in Vancouver, called the
Grange Apartments. We still manage
that building today. I continued
in the dual role of controller/property
manager for a few years and was
promoted to general manager where
my accounting and bricks-andmortar managing skills were replaced
by managing the people in our
office. In 1990, my parents decided
to retire and I became president of the
company.
The Scrivener: Please tell us
about Gateway today.
SCOTT: Gateway is one of Canada’s
largest privately owned residential
property management companies.
Our more than 140 dedicated
corporate employees in Vancouver,
Victoria, Kelowna, Kamloops, Calgary,
Cambridge, and Montreal come
together to consistently deliver top
results for our clients. From the
strategically located offices, we direct
day-to-day property operations and
•We also manage a number
of resort stratas that are
second homes to individuals
and some strata hotels that
combine resort benefits with an
investment vehicle. We manage
for owners who have purchased
strata units as an investment
and have combined their units
with other owners in a rental
pool—a unique investment that
allows them to own just one unit
in a building and still benefit from
the economies of scale afforded
to a larger investment with the
benefit of reducing any exposure
to vacancy loss.
oversee some 650+ dedicated on-site
employees in 34 communities across
Canada. Over 75,000 people choose
to live in Gateway-managed properties.
We currently manage in excess
of 18,000 condominium units in over
225 buildings.
We also manage almost 19,000
rental units in over 275 buildings and
approximately 1 million square feet
of commercial.
We currently manage
in excess of 18,000
condominium units
in over 225 buildings.
The Scrivener: How much
of your business is focused
on strata management?
The Scrivener: Who are your clients?
SCOTT: Although Gateway was founded
as a rental management company,
it was one of the first companies
to expand into strata management.
Our portfolio breakdown between
strata and rental is very close
to 50/50. Strata management is
definitely a growth industry. The
economics of building new stratas
versus new rentals are heavily
weighted toward strata. As such, we
are very focused on further expanding
our strata portfolio.
SCOTT: We have a diverse group
of clients.
•
On the rental side we have
individuals, family businesses,
institutional (pension funds and
life insurance companies), and
public clients (REITS).
•
On the strata side, we manage
for a number of developers who
rely on us to properly budget
first-year costs and ensure
a smooth transition over to the
first strata council. We manage for
owners who purchased their suite
as their principal residence and for
owners who purchased their suite
as an investment.
The Scrivener: What schools offer
education in the property management
field?
SCOTT: Those entering the profession
for the first time have a number
of options for education. The University
of British Columbia offers the Urban
Land Economics program that is
also available across Canada as
a distance-learning option. BCIT has
a Professional Real Estate Option under
their Marketing Management program
and Langara College has a Property
Management Certificate program. Other
postsecondary institutions offer courses
that train potential strata managers.
©iStockphoto.com/vkyryl
The Scrivener: What are the biggest
challenges for strata managers?
The Scrivener
SCOTT: Being a strata manager
means you have a diverse knowledge
of several disciplines.
•
Strata managers prepare budgets
and review financial statements,
43
so they need to understand
accounting.
•
Strata managers supervise site
staff so they must understand
Human Resources.
•
We are not Notaries or lawyers but
we must understand a number
of different pieces of legislation
such as the Strata Property
Act, Real Estate Services Act,
Employments Standards Act,
Human Rights Act, Occupiers
Liability Act, and several other Acts.
Congratulations
El Fedewich
on 35 years
as a Notary Public
El opened his Notary office in 1978
after a 17-year career in the ﬁnance
business. He found Cloverdale ideal
. . . it reminded him of the small
town of Strathmore, Alberta, where
he spent his childhood.
El has provided the community with
legal services for Real Estate Transfers,
preparing Mortgages, Wills, Powers
of Attorney, and much more.
His strong involvement in
Cloverdale includes serving as
Secretary-Clerk of the Surrey
Dyking District and Director of Zion
Park Manor, and membership in
the Kinsmen Club, Royal Canadian
Legion, and Ducks Unlimited
(conservation). El is a former
Director of the BC Notary Society.
Norman Witt
Trish Fedewich
El practises alongside his daughter
Trish Fedewich and her husband
Norman Witt, who are also
BC Notaries.
Fedewich & Witt
5661 - 176A Street • (604) 576-9468
www.fedewichwitt.com
44
•
Strata managers must deal with
consultants, insurers, contractors,
and engineers and must have
a basic understanding of those
professions.
•
We must excel at negotiations
to ensure our clients are getting
the best price for the best service
or product needed for the strata.
One major challenge for the
strata manager is time management.
Strata managers are problem-solvers
and problems pop up all the time.
Every day is different. New challenges
must be managed while we handle
the more routine structured tasks
in a timely manner.
One thing they don’t teach you
in school about strata management
is the communication skill necessary
to efficiently do your job. In a 100-unit
strata, you most likely have 100 owners
and you will need to correspond with
each of them at some point.
The Scrivener: What is the role
of the strata council?
SCOTT: Strata council members are
the volunteer owners who actually
make the decisions that affect the
building and the other owners. It is
almost impossible to keep everyone
happy in any group of individuals and
a strata is no exception.
The task of enforcing rules and
bylaws is done by the strata manager,
but the strata council gives the
direction and that can sometimes
cause issues because the council
members live in the same complex.
That said, a good strata manager can
act as the shield between the council
and other owners and residents.
Although it can be a bit
of a challenge, serving on council
has many rewards. Good councils
providing good leadership are very
important to the overall success
of the strata community.
One major challenge
for the strata manager
is time management.
It is a lot like serving on a city
council or association board. Many
strata council members feel the same
sense of pride that city councillors and
association board members do when
a plan or initiative comes together for
the good of everyone.
The Scrivener: What do you see ahead
for stratas? What reform is needed?
SCOTT: BC is actually a little behind
other provinces when it comes
to strata reform. Alberta, Ontario,
and some other provinces have
mandated Depreciation Reports
and annual independent audits.
BC’s Strata Property Act brought
into legislation similar requirements
but only recently has the Depreciation
Report section been proclaimed
and the Audit section is still waiting
for the necessary regulations to be
enacted.
Even then, unlike other provinces
where Depreciation Reports and
Audits are mandatory, BC legislation
is allowing stratas to opt out of those
requirements if a special resolution
is passed at an annual general meeting
or a special general meeting.
I honestly believe that both
those sections of the Act should
be mandatory and should be put
into law sooner than later. Even if the
Government doesn’t mandate that,
the public will—either by potential
purchasers who will want this
information or by mortgage lenders
who will require it as a condition
of securing financing. s
[email protected]
Telephone: 604 635-5005
http://www.gatewaypm.com/
CorporateProfile.aspx
©iStockphoto.com/Diverstudio
KABAN
PROTECTIVE
A Day in the Life
of Super Strata Managers!
Your Security
and Protective Specialists
• CRIMINAL & CIVIL INVESTIGATION
• DUE DILIGENCE
• CORPORATE INTELLIGENCE
Tel.:
604 251-2121
Fax:
604 251-2323
Toll Free: 1-866-451-2121
[email protected]
www.kabanprotective.com
Associates in 63 Countries
We serve as Financial Advisors who advise our Boards of Directors on how
to spend reserves, budget for repairs, and collect dues. We oversee the
smooth operation of millions of dollars of real estate every day.
We serve as Accountants who are able to read and explain financial
statements and answer that most-asked question—What do you do with all
our money?
We serve as General Contractors who are able to look at a plumbing leak and
determine immediately (with 20 possible sources) where the leak is coming
from and who is responsible for taking care of it.
We serve as Lawn Professionals who are able to tell if a dry brown spot
within the grass is due to fungus, lack of water, or too many pets.
We serve as Pool Professionals with an immediate answer as to why the pool
turned algae-green overnight.
We serve as Horticulturists who know every species of botany known to man
to explain to residents that those weeds are really flowers.
We serve as Pest Control Coordinators who know the species of the critter
invading kitchen pantries and its access hole into the building!
We serve as Sewer Experts who know exactly why most sewers back up
at 5:01 on a Friday night on a holiday weekend.
We serve as Plumbing Professionals who turn the water off in an emergency
situation in the middle of a man’s shower just to aggravate him.
We serve as Community Police who should rush right over to referee
a domestic dispute—often between people twice our size.
We are Pet Inspectors who can determine the DNA on every dropping and
spot the work of Spike at 100 metres. s
The Scrivener
Margot R.
Rutherford*
Notary Public
A Member of The Society
of Notaries Public of British Columbia
*Denotes Professional Notarial Corporation
981 Fitzgerald Avenue
Courtenay, BC V9N 2R6
Tel: 250 338-6251
Fax: 250 338-5337
email: [email protected]
45
BC notaries
Marny Morin
Spring Conference 2013
T
he Society’s annual Spring
Conference was held April
13 and 14 at the River Rock
Casino Resort in Richmond, BC.
All the
education
sessions
were held
in the
Show
Theatre.
Todd
Michael
McKendrick They
Tammen
included
a mock trial produced by our own
counsel Todd McKendrick. Todd
acted as defence counsel with lawyer
Michael Tammen as plaintiff counsel.
Vancouver Notary David Watts played
the part of a BC Notary giving
evidence on a capacity matter.
Akash Sablok
Ozzy
Abdel-Ati
Other seminars included
•Leasehold
Properties
by Burnaby lawyer
Randy Cobbett,
of Cobbett & Cotton
Law Corporation,
•Strata Issues by our
in-house counsel
Ron Usher, and
Amanda
Magee
Randy
Cobbett
•Family Gifts and
Lending by Notary
Marny Morin.
In
Ron Usher
addition,
representatives
of FINTRAC and
Canada Revenue Agency
discussed the federal
reporting and recordMarny Morin
keeping requirements
and the transition from HST to GST with
respect to the purchase of new housing.
46
Notary Akash Sablok
presented the always
popular segment
on Technology
Gadgets, including
a demonstration
of a 3-D printer.
Ozzy Abdel-Ati and
Amanda Magee
of Stewart Title
Guaranty Company
discussed their new
business initiatives and
ways in which they can
assist and partner with
BC Notaries to improve
practice efficiencies
and client peace
of mind.
Our usual Practice
Issues session with
Wayne Braid, Ron
Usher, and Todd
McKendrick rounded
out the education
program.
A record 280 of our 320
members attended our
Spring Conference, along
with some of their staff and
12 of our Notary students
and candidates.
A record 280 of our 320 members
attended our Spring Conference, along
with some of their
staff and 12 of our
Notary students and
candidates.
George
Tanco
Notary George Tanco
was the Early Bird
Winner of two Canucks
hockey tickets! s
To see all the images: http://wildmanphotography.zenfolio.com/f124715951 Password: Grad2013 (capital G)
The Scrivener
47
25-Year Club
BC notaries
On April 12, the beginning
of the Spring Conference
weekend, The Society hosted
a special dinner celebration
for the 25-Year Club.
The BC T
he morning of May 2,
we welcomed 17 new
BC Notaries at the
swearing-in of the Class of 2013
at the Vancouver Court House.
Robert J. Bauman, Chief Justice
of the Supreme Court of British
Columbia, presided.
The Grad Awards
Luncheon was held at
the Pan Pacific Hotel
for the new Notaries,
their families, and
guests. CEO and
Wayne Braid Secretary of The
Society Wayne Braid was Master
of Ceremonies.
Members of the Board of Directors
included John Eastwood, President
of The Society; Akash Sablok, First
Vice President; Immediate Past
President Susan Davis; and Directors
Filip de Sagher, Joan Letendre,
Kate Manvell, Susan Tong, David Watts,
and Patricia Wright.
To see all the images:
http://wildmanphotography.zenfolio.
com/f124715951
Password: Grad2013 (capital G)
48
Other guests included, from the
Land Title & Survey Authority of BC,
Liza Aboud, Vice President, Business
Development and Communications,
and Larry Blaschuk, Registrar
of Land Titles, New Westminster
and Kamloops Land Title Offices;
Ron Usher, General Counsel for The
Society of Notaries; Todd McKendrick,
MacKenzie Fujisawa LLP, and
Counsel of Record for The Society
of Notaries; Quang Duong, MacKenzie
Fujisawa LLP; Don de Jersey, BDO
Canada; Dr. Rob Gordon, Director, SFU
School of Criminology; Tessa Marks,
daughter of the late Bernard Hoeter,
Secretary of The Society from 1986
to 2000; Tim Janzen, The Notary
Group; Debbie Ramsay, Ramsay
Lampman Rhodes LLP, Nanaimo;
Brenda Southam, Executive Officer
at the Real Estate Institute of BC;
and André Gravelle, REIBC President
and Director, Diploma and Certificate
Programs, Real Estate Division,
Sauder School of Business, UBC.
The Convocation for the new
Notaries was held at Simon
Fraser University on June 13.
Also present were BC Notary
Education Instructors Dan Boisvert,
Tony Wilson, Mary-Jane Wilson,
Laurie Salvador, Carolyn Maguire,
Cheryl Bennewith, and Catherine Luke;
Notary Examiner George Cadman,
Boughton Law Corporation; Bob Reid,
UBC Professor Emeritus and retired
Examiner for the Notary students;
Rick Evans, retired Examiner for
the Notary students; Marny Morin,
Discipline and Legal Education
Services for The Society and newly
appointed Examiner for the Notary
students; and Society Staff members
Verky-Lyn Lau, Education Coordinator
and Admin Assistant; Amber Rooke,
Membership Coordinator;
and Janet Lao, Reception and
Admin Support.
The Convocation for the new
Notaries was held at Simon Fraser
University on June 13.
Notary Class of 2013
14
8
1
15
10
9
2
16
3
18
17
4
5
13
12
11
6
7
1.
2.
3.
4.
5.
6.
7.
8.
9.
Lauren Nicole Stone
Mandeep Grewal
Aatif Nanji
Jennifer Lee Ostle
Adele Tagirova
Morgen Jena Holt
Wayne Braid
Jacqueline Michelle Sweet
Nicole Lindsay MacDonald
The Scrivener
10. Supinder Chahal
11. Jacqueline Nicole Tait
12. Rosalyn Ann Mow
13. Anh-Thu Betty Nguyen
14. Brendon Guy Rothwell
15. Beverly Jean Carter
16. Morrie Catherine Baillie
17. Kathryn Lorraine Battrum
18. Ramandip Singh Sadhra
49
BC notaries
John Eastwood
May 2, 2013
M
any of you are here
today to honour
a family member,
a spouse, or a good friend
starting a career in our
profession as a BC Notary.
You have obtained your Master’s
degree in Applied Legal Studies at
SFU. You have passed the torturous
exams—6 of them in 3 days—and
this morning you were commissioned
by the Supreme Court as a Notary
Public in and for the Province of British
Columbia. You are now members
of The Society of Notaries Public of BC.
Congratulations on your achievement.
It is a pleasure to welcome you as new
members of our Society.
You have joined a unique
group of professionals in the legal
community in North America. Quebec
is the only other jurisdiction where
Notaries provide legal services.
We are all proud to be Notaries
and proud of the reputation we
enjoy—the “Tradition of Trust.”
To quote my good friend Susan
Davis, the Immediate Past President
of our Society, from an address
she made 3 years ago to the group
of newly appointed Notaries at
a similar luncheon:
“Never compromise yourself or your
standards and never denigrate your
esteemed position in today’s society.
50
www.TheBigPictureStudio.com
New Notaries:
You’ve Done It!
Remember that to be a Notary is an
honour. You are one of a very small
number of elite professionals. It is
an honour you earn by your actions
and integrity and, as a member
of this Society, it is an honour
to maintain and uphold the very high
standards of this profession.”
in supporting each other. Don’t
hesitate to ask for help when you
encounter a situation with which you
are not familiar. You have the support
of your Society through the PAL line
and your peers. If you ask, you will
find other Notaries pleased to provide
advice or perhaps precedents.
Don’t treat this Tradition of Trust
lightly. You have the responsibility
to safeguard the trust of your clients
and of all other Notaries, the members
of our Society.
When I became a Notary and
started to practise, I purchased an
existing practice from a retiring Notary.
She stayed on for a while to help
me, but I will never forget the day
when she was out of the city, my new
conveyancer had not yet started at
the office, and a conveyance came
along that had to be done quickly.
I didn’t even know how to operate the
conveyance software program. In the
end, the wonderful support person
with the software company—on the
phone and step by step—guided me
through the complete file.
If you are a sole practitioner,
remember
you are not alone.
When you give your word to your
client, to a fellow Notary, or another
legal professional, you give an
undertaking. You must fulfill that
undertaking and maintain that “Tradition
of Trust.” Your word is your bond.
The time has come to hit the
street and get to work.
As you begin your professional
practice, some of you will have
the opportunity of working with
other Notaries in an established
practice; others will practise as sole
practitioners.
If you are a sole practitioner,
remember you are not alone. You are
a member of a closely knit group
of professionals who take pride
Other Notaries advised me
when I encountered a new situation.
One Notary, including one who is
still in practice, sent me all his
precedents—over 100 documents.
You have the resources of The
Society and your fellow Notaries
to assist you when needed.
I know you will succeed in your
new profession. You will continue
to learn and you will make many new
friendships along the way.
I wish you success and much
happiness in your profession as
a BC Notary. s
BC notaries
Aatif Nanji
Batman is Right!
M
any of us struggle
to understand our
identity. We dig
deep inside ourselves hoping
to find guidance, purpose, and
definition.
But, as someone said, it’s not who
I am underneath but what I do that
defines me.
Did that profound statement come
from the lips of Winston Churchill, Dale
Carnegie, or Theodore Roosevelt? No.
It was said by another hero of mine . . .
Batman. And before you dismiss his
advice about identity, remember that
he does have two of them!
How do we define ourselves? We
tend to put ourselves into categories
based on age, gender, ethnicity, work
experience, life experience, or the role
we play in our families. If you look at
the Class of 2013, you will see great
diversity among those categories.
Except perhaps in the category
of gender. The men in our class are
clearly outnumbered!
The truth is who we are
underneath does have an impact on
our actions. It informs our values,
our goals, and ultimately the path
we choose in our lives. Somehow,
this diverse group of individuals has
merged onto a common path. And
now, we all have a new identity. We
are Notaries.
What will define us is not the fact
that we have this title, but the way
we uphold this title. We hold this new
identity in common, therefore we must
remind ourselves that the decisions we
make individually will reflect on each
of us collectively. Our individual actions,
the things we do as Notaries, will not
only define us as individuals; they will
define our profession as a whole.
As new Notaries in British
Columbia, it is our duty to affirm and
uphold the reputation of honour and
integrity that our peers and predecessors
have worked so hard to establish.
But, as someone said, it’s not
who I am underneath but
what I do that defines me.
I am confident that the Class
of 2013 is eager and able to rise
to that duty. We should consider
this day a milestone in our lives and
a tremendous personal achievement.
That said, we must also show gratitude
to the many people who made it
possible.
I would first like to thank all the
Directors, administrators, and staff
of The Society who have guided us
through the program and advocated on
our behalf. Without them, this program
would not exist.
Thank you to the instructors and
staff at SFU, who together ensured
The Scrivener
that we received the strong foundation
of knowledge we need to embark on
this new career.
I would like to thank all the
members of The Society who
participated in our Practical Training.
They are BC Notaries who took time
from their busy schedules to go to our
classrooms and instruct us on notarial
practice, advise us on how to run
a business, and share their own personal
experiences from their work in the field.
Thanks especially to our mentors
who were so welcoming, kind, and
patient with us. The Mentorship
Program was possibly the most
valuable educational experience we
received in the student program.
Thank you, mentors, for graciously
opening your doors to us and showing
us what it means to be a Notary.
And last and most important,
I would like to thank our families for
being patient and supportive through
this challenging and often stressful
time in our lives. For many of us, they
are the reason we chose to pursue this
career. We will continue to rely upon
their support and encouragement;
we are only at the beginning of our
exciting journey.
Congratulations to the Class
of 2013! We are honoured to be
joining The Society of Notaries Public
of British Columbia, and the Tradition
of Trust. s
[email protected]
51
BC notaries
Teaching
Applied Legal Studies 601
I
t will soon be early September
and I will be back in the
classroom at our SFU Surrey
Campus, teaching another cohort
of incoming students to the
Master of Arts in Applied Legal
Studies . . . the MA ALS.
All BC Notary students must
graduate from this program as part
of their qualification process.
Once again I anticipate a broad
range of backgrounds—students born
in at least a dozen different countries,
most with significant professional
experience, an average age of about
35, all typically working diligently
to balance employment, education,
and family responsibilities.
What I particularly enjoy about
teaching the 601 course is the
opportunity to speak with students
about the building blocks of the
Canadian legal system and most notably,
the Constitution Act and the Canadian
Charter of Rights and Freedoms.
It is always a pleasure to debate
the merits of judicial oversight
of statutory law at both the federal
and provincial levels. It has also been
my experience that students enjoy
the opportunity to discuss the ranges
of the protections offered by the often
elusive categories of such notions as
freedom of expression, equality rights,
and freedom from cruel and unusual
punishment.
Many students have left nation
states where such fundamental
freedoms have not been well
respected; those students do seem
to particularly relish the opportunity
to discuss the limits of legislative and
52
judicial decision-making. The realm
of substantive law is also a focus
of this course—a survey, necessarily
cursory, of torts, administrative law,
family law, and criminal law.
Once again I anticipate
a broad range
of backgrounds…
Students have been intrigued
•by the boundaries of negligence
in tort, particularly in the realms
of medical malpractice and police
investigation,
•by the remarkable expansion
of administrative law over the past
30 years, and
•by the striking changes in family
law during the same period
of time—no-fault divorce,
more equitable distribution
of matrimonial property in the
event of divorce, and joint custody
arrangements after separation.
And then there is criminal law,
•an almost constantly evolving
morality,
•questions of the utility
of punishment,
•the moral logic of the law itself, and
•of course the corresponding need
to denounce conduct that tears
apart the social fabric of the
community.
In sum, teaching this firstterm course and the opportunity
to interact with a richly diverse group
of interesting and talented students is
highly enjoyable. s
Neil Boyd is a Professor in the School
of Criminology at Simon Fraser University,
educated in Psychology at the University
Neil Boyd
of Western Ontario and in Law at
Osgoode Hall Law School. He is a previous
Director of the School of Criminology
and the author of seven books and many
academic articles. Professor Boyd has
been a member of the Board of Directors
of the International Centre for Criminal
Law Reform and Criminal Justice Policy for
most of the past 20 years. He is currently
seconded to the Centre, at the University
of British Columbia, for the 2012/2013 Fall
and Spring semesters.
Professor Boyd teaches Law courses at
Simon Fraser University, with a focus
on issues related to the rule of law
and civil liberties. He is a frequent
media commentator on subjects related
to law and criminology, most notably
violence and drug policy. His most recent
book, A Thousand Dreams: Vancouver’s
Downtown Eastside and the Fight for its
Future, was co-authored with Senator
Larry Campbell and Vancouver journalist
Lori Culbert. The book was short-listed
for Canada’s Donner Prize and won the
George Ryga Award for Social Awareness
in Literature.
Special Note
Part of the Applied Legal Studies
program since its inception and
teaching first-term course 601,
Professor Boyd will continue to teach
that course in September when he
takes over as Director of the School
of Criminology. Dr. Robert Gordon will
move up to become an
Associate Dean of Arts
and Social Sciences.
In addition to his new
responsibilities in the
Dean’s Office, Dr. Gordon
will continue to direct
Dr. Robert
the MA ALS program.
Gordon
BC notaries
Jacqueline Tait
BC Notary Education
A Student’s Perspective
M
y installation as
a BC Notary on May 2
was the culmination
of 20 months of intensive
combined academic and
practical education in the Master
of Arts in Applied Legal Studies
program (MA ALS) at SFU and
the BC Notary Practical Training.
At times I wondered how this
information would fit into the bigger
picture of practising as a Notary. That
knowledge inevitably “clicked,” like
a piece fitting perfectly into a puzzle.
I realized SFU had provided an
excellent basis for our careers as
BC Notaries.
When I sat down in a classroom
at SFU’s Surrey campus in the Fall
of 2011, the road ahead seemed
to stretch endlessly into the distance.
I could not imagine how I would reach
the day when I would swear my oath
in the Supreme Court as a BC Notary.
I soon discovered that SFU and The
Society of Notaries had a carefully
planned path to guide me to that
moment.
I feel privileged to have
been part of a program
delivered by so many highcalibre instructors.
The in-person Practical Training
is delivered by many seasoned
Notaries who, together with excellent
guest speakers, share their knowledge
and experience with the students.
Layered on the excellent academic
foundation built by SFU, it comprises
an essential element of our
preparation for success.
Much of the program is seamlessly
delivered through Blackboard
Collaborate, a live online classroom.
This amazing, award-winning
I feel privileged to have been part
of a program delivered by so many
high-calibre instructors. Each comes
to the table with many personal and
professional achievements. Each
is outstanding in his or her field.
We all benefitted from their unique
experiences.
©iStockphoto.com/Henrik Jonsson Graphic Design
The first step was ALS 601, the
first of nine courses that comprise
the MA ALS program. This course
provides an overview of the workings
of Canadian law and the history
of the Canadian legal system. Useful
not only for future Notaries but for
every Canadian citizen, this course
is typically taught by Professor Neil
Boyd, Associate Director of the School
of Criminology at SFU and author of the
textbook, Canadian
Law: An Introduction.
It was ably delivered
to us by lawyer Tony
Wilson who was covering
Professor Boyd’s
Tony Wilson sabbatical.
technology enables students to learn
together from anywhere in the world.
That could be on a tropical beach, as
some students have done, or in your
den in your pajamas with a cup of tea.
The Scrivener
Looking back, I can honestly say
the past 20 months have been some
of the best of my life. The opportunity
to gain knowledge is a beautiful gift.
If I could offer advice to present and
future students, it would be to open
your mind to the process—appreciate
every stage and embrace the
opportunity to learn about things you
may never have contemplated, such
as Legal Philosophy.
And remember, we should not
undertake education simply to get
a job or become a professional; we
should do it to become better people.
This program is very hard work but, if
you give yourself the time and devote
yourself wholeheartedly to the process,
the rewards will be incalculable. s
53
BC notaries
Award Winners 2013
Simon Fraser University Award
Highest mark in the Master of Arts
in Applied Legal Studies Program:
MA ALS
Presenter: Filip de Sagher
Winner:
Jacqueline Tait
Presenter: Dr. Robert Gordon
Winner:
Jacqueline Tait
Stanley J. Nicol Award
Highest marks on the Notarial
Procedures Examinations
BDO Dunwoody Award
Highest mark on the Conveyance
Practice Examination
Presenter: Don de Jersey
Winner:
Jacqueline Sweet
Presenter: Todd McKendrick
Winner:
Jacqueline Tait
Professor Robert Reid Award
Highest mark on the Property
Examination
Presenter: Bob Reid
Winner:
Jacqueline Tait
54
Todd A. McKendrick Award
Most consistent performance in all
aspects of the Notary Preparatory
Course and Examinations
27th Annual Bernard W. Hoeter Award
Highest marks on the Notarial Statutory
Examinations
Presenter: Tessa Marks
Winner:
Jacqueline Tait
The Notary Group Award
Highest mark on the Wills and Trusts
Examination
Presenter: Tim Janzen
Winner:
Jacqueline Tait
BC notaries
Meet the Board of Directors:
Philip Kanigan
I
grew up on the outskirts
of the West Kootenay
City of Castlegar, BC,
in a small community known
as Ootischenia, an area rich
in history and culture.
Some 7500 Doukhobors,
nearly a third of the
then-total existing
population, settled on
the Canadian Prairies
in the early 1900s…
Confronted with an apparent
breach of agreement by the Canadian
Government in terms of homestead
requirements and allegiance to the
Crown, a great proportion of these
Doukhobors chose, on principle,
to abandon their villages and nearly
a quarter-million acres of their
cultivated land.
Ootischenia is a Russian word
meaning Valley of Consolation. My
parents and grandparents were all born
in Canada but my great grandparents
were Doukhobors who immigrated
to Canada from Georgia, via Ukraine
and Russia, with their parents.
For Scrivener Readers
Interested in History
Starting at the end of the 19th century
when they adopted pacifism and
renounced militarism, for over 200
years the Doukhobors were persecuted
by the Russian Orthodox Church and
Czarist authorities. The Doukhobors
found refuge from persecution
in Canada where they were granted
conscientious objector status and
exempted from military service. The
famous Russian author Leo Tolstoy and
the Quakers assisted them.
Some 7500 Doukhobors, nearly
a third of the then-total existing
population, settled on the Canadian
Prairies in the early 1900s in what is
now Saskatchewan, establishing dozens
of communal village settlements on
government-granted homesteads.
Brilliant Suspension Bridge, recently restored and converted to a park.
Originally built by the Doukhobors by manual labour in early 1900s as the only land access
to Ootischenia. In 1965 this bridge was replaced by two modern bridges
over the Kootenay River and the Columbia River.
The Scrivener
55
Castlegar to the left, Columbia River
in centre, Ootischenia and West Kootenay
Regional Airport (Castlegar Airport) to right
Almost 6000 emigrated to British
Columbia in 1908 to settle on large
parcels of privately purchased land.
I understand that my grandparents
were born in Saskatchewan and were
part of this group that emigrated to BC
at an early age.
Nearly 80 communal villages
were constructed throughout the
Kootenay-Boundary region (West
Kootenay-Grand Forks) with elaborate
agricultural enterprises and other
industries (sawmills, orchards, various
agricultural crops, brick factory, jam
factory, flour mill, and so on).
Brilliant Hydro Electric Dam on the Kootenay River, one of many
hydro-electric dams in the area
My father’s side
of the family lived
in the communal lifestyle
until it disappeared…
Ootischenia was the site of many
of these communal villages. Selkirk
College (first regional community
college in BC) is located on the
previous site of one of the communal
villages that was called Ostrov,
a Russian word meaning island.
1960s, the village—on a raised bluff
at the confluence of the Columbia and
Kootenay Rivers—became an island
during periods of extremely high water.
Prior to the construction of the
Hugh Keenleyside Dam in the early
By 1924, this Doukhobor
community had become the largest
communal organization of its kind
in North America. The USCC (Union
of Spiritual Communities of Christ)—
headquartered now in Grand Forks
and Brilliant, BC, another small
community just outside of Castlegar—
is a descendent of that organization
and although its members no
longer live communally, it remains
to this day the largest Doukhobor
organization in Canada. Smaller
Doukhobor organizations and groups
exist throughout the three Western
provinces at the present time.
Some Doukhobors today still
practise this form of religion, as
individuals or organizations, and
continue to be active pacifists who
aspire to preserve their traditional
values, Russian heritage, language,
and customs. Their motto remains
“Toil and peaceful life.”
Doukhobor Village Museum, a reconstruction of traditional Doukhobor Communal Village
in Ootischenia across from the Castlegar Airport
56
By 1924, this Doukhobor
community had become
the largest communal
organization of its kind
in North America.
The Sons of Freedom
(“Freedomites”) were a breakaway
terrorist group from the Doukhobors
responsible for bombings, burning,
violence, and naked protests in the
1950s, 1960s, and 1970s. They
were largely led astray by a nonRussian leader from Paraguay. The
media tended to focus on the terrorist
activities, which led to a confusion as
to the real meaning of Doukhoborism.
I remember my parents and
grandparents having to guard our
homes in the late 1950s and early
1960s to prevent them from being
destroyed by this group of terrorists.
As far as we were concerned, the
Freedomites were an “embarrassment”
to all Doukhobors. That group has now
largely been assimilated into the USCC.
By the time I was born, the
communal lifestyle had largely
disappeared and my parents bought
land and constructed their own
residence. I am the oldest child
in a family of 2 boys and 2 girls. I am
also the oldest grandchild on both sides
of the family and was first to attend any
type of postsecondary education.
My father, as was the custom
in those days, quit school at the age
of 13 or 14 and went to work at one
of the local sawmills. He eventually
worked his way up to the occupation
of sawyer—in charge of sawing the
logs at a sawmill, a fairly prestigious
job at the time—as did his father and
grandfather. My “destiny” if I followed
the paternal side of the family was
to become a sawyer. My mother was
a stay-at-home mom who had more
education than my father but did not
graduate from high school.
Selkirk College: At the confluence of the Kootenay and the Columbia Rivers
with the City of Castlegar in background.
I received my commission
as a BC Notary in 2007.
I ended up in this profession
totally by “accident.”
sheep, and horses. He also owned
a general store for a period of time.
Unfortunately, both his farmhouse
and the general store were destroyed
by the Freedomites, which forced him
to seek employment at a local sawmill.
I spent my holidays up into my
mid-teens on his farm and was
probably greatly influenced by him
and my mother with respect to the
value of higher education and being
an independent businessman.
My father’s side of the family
lived in the communal lifestyle
until it disappeared and many on
that side of the family still actively
participate in the Doukhobor
religion and services. My maternal
grandfather, however, renounced the
communal lifestyle at an early age
and became a private landowner and
businessowner in the Slocan Valley
some 100 kilometres north.
The Slocan Valley in the late
1960s and early 1970s—Vietnam War
era—was a favourite destination of the
American “draft dodgers.” Many were
assisted by the Doukhobor/Russian
residents who were at that time the
majority in the Valley. After the influx
of the draft dodgers who became known
as “hippies,” the population of the
Slocan Valley exploded. Today, the
marijuana industry is a huge agricultural
business in the Slocan Valley.
He owned a 250-acre farm on the
shores of the Slocan River and raised
dairy cows, beef cattle, chickens,
My first language was Russian.
Although I was exposed to the
Doukhobor religion and way of life,
The Scrivener
I chose not to become formally involved
in it. I attended elementary school
in Ootischenia and graduated from high
school in Castlegar. From there I went
to Selkirk College where I obtained
a diploma in Arts and Sciences then
progressed to the University of British
Columbia for a Bachelor of Science and
a Doctor of Dental Medicine degree.
My first job was a maintenance
helper/cleanup person on weekends
at a local sawmill when I turned 16.
I worked during my Summer holidays
as a labourer at one of the local
sawmills to help pay my way through
school.
After graduation I returned
to Castlegar and established a solo
dentistry practice where I practised for
close to 20 years. During that time I was
involved in the design, construction, and
ownership of a few commercial buildings
and was a partner in a sand-and-gravel
company for a short period.
I received my commission as
a BC Notary in 2007. I ended up
in this profession totally by “accident.”
In the early 2000s my wife and
I moved to Kelowna. I was quite
content enjoying the sunshine and
beaches of the Okanagan, being
involved in volunteer activities and
working on the campaign of the local
Liberal MLA, the late Sindi Hawkins.
57
Pulp Mill (Zeltsoff-Celgar) and Sawmill (Interfor), just North of Castlegar,
one of the major employers in Castlegar
Our Castlegar lawyer referred us
to a Kelowna Notary for the execution
of the sale documents for our house
in Castlegar. Before that, I had never
used the services of a Notary.
We were sitting in the Notary’s
reception area. My wife picked up
a copy of The Scrivener magazine
and said to me, “This looks like
something you would be good at.” So
with relatively little knowledge of what
a Notary is or does, I applied and
was thankfully was accepted into the
Notary program.
We were sitting in the
Notary’s reception area.
My wife picked up a copy
of The Scrivener magazine
and said to me, “This looks
like something you
would be good at.”
I purchased Linda Avis’s Notary
practice and she stayed on as
a Roving Notary for about a year.
When necessary, I contact the PAL
LINE (Leta Best and Susan Davis), and
of course Marny Morin and Ron Usher
are invaluable sources of information,
as well. I often consult local lawyer
and friend Lewis Bridgeman. They are
my mentors. I have been a mentor
to several students in the MA ALS
program, and they have done
practicums in my office.
We chose to return to Castlegar
because we found the lifestyle “too
hectic and busy” in Kelowna. A Notary
practice and Seal were available
in Castlegar.
We were not accustomed to living
in a subdivision because we had
always lived on an acreage so we built
a new house on acreage adjoining
Selkirk College lands and walking
trails (5 minutes from Castlegar), with
a magnificent view of the Kootenay
River and surrounding mountains. The
MIR Center for Peace is located on the
College grounds.
I find assisting my clients in all
areas of a notarial practice quite
rewarding, whether it is a firsttime home purchase, a refinance,
a purchase or sale of another
residence or property, subdivision,
estate planning, or other matter,
the Tradition of Trust that clients
place in our services is really quite
remarkable and humbling. The vast
majority of my current clients are
former patients, friends, classmates,
or “relatives,” which is also very
gratifying.
I became involved on one
of The Society’s committees a few
years after I received my commission,
so running for the Board of Directors
was a natural progression for me. In
addition to the role of protection of the
Front of my office, with my very capable and competent staff Lynne, Gwenn, and Cara
58
A recent day at my office
When time permits we just
sit in our backyard and
enjoy the peacefulness and
serenity of the surroundings.
public interest, I felt the Board needed
more rural representation. I have made
it well known that I am an advocate for
modernization of the Notaries Act—
sooner rather than later—and the
expansion of duties that BC Notaries
can perform.
Since joining the Board last
September, I have made 7 or 8 trips
to Vancouver for Board and Committee
meetings and have participated
in teleconferences and video
conferences. The time commitment
is quite substantial but at this point
in my life I have the luxury of being
able to set aside time for this
important role.
Estate planning is becoming
a larger and larger part of my practice.
As the population ages, people are
becoming increasingly aware of the
importance of personal planning and
planning for incapacity.
Community Service
My sons Kristofer and Justin played
hockey from the age of 5 to junior
hockey. Justin went on to play major
junior hockey in the Western Hockey
League, University of Lethbridge, and
played some professional hockey.
Initially I was involved in assisting
with coaching and managing many
of their teams. As they got older and
I was unable to assist in those areas,
I served in several Director and Board
positions with the local minor hockey
association and their respective junior
hockey teams.
My wife May, Kodiak, and me
in our backyard
and the Central Okanagan Hospice
Association.
My life is fairly simple these
days. I always say that running is “my
passion.” I start every day with at least
an hour’s run. Spare time involves yard
work or maintenance, some assistance
with the gardening in the Summer,
occasional trips to the local lakes and
hot springs, and picking mushrooms,
huckleberries, or false soloman seal
(Russian name suzeekee) that grow
along the local mountains.
Whenever possible, we also like
to spend time with our immediate
family. When time permits we just
sit in our backyard and enjoy the
peacefulness and serenity of the
surroundings.
My immediate family currently
consists of my wife May; son Kristofer
and his girlfriend/spouse Jordan and
their dog Charlie (Maltese/Poodle);
son Justin and his girlfriend/spouse
Shanna and their dog Briggs (Boxer/
Lab); our 5-year-old purebred German
Shepherd Kodiak; and a recent addition
to the family, a purebred highly
energetic Wheaton Terrier called Echo.
Most important are my health,
family, a peaceful life, and having
a purpose. s
remembering Variety
Variety– -The
The
By remembering
Children’s Charity
Charity ininyour
yourwill,
will,
Children’s
you can help children who have
have
special needs
needs ininthe
theprovince.
province.
Your generosity
provide
hope,
Your
generositywill
will
provide
enrich enrich
lives, and
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more inFormation on
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a Legacy:
more info
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Call
(604)
320-0505
Call (604) 320-0505 or
Toll-free
1 (800)
381-2040
Toll-free
1(800)
381-2040
website
or visitVisit
our our
website
at at
www.variety.bc.ca/legacy.
www.variety.bc.ca/legacy
I was an active member of the
Castlegar Rotary Club in the past and
held Director and Board positions
with the Kelowna Branch of the
Canadian Mental Health Association
Estate planning is becoming
a larger and larger part
of my practice.
Leave a
a Legacy
Legacy
Leave
in your
WiLL
in Your
Will
Our dogs Echo and Kodiak
The Scrivener
59
$41,504,530
30 MILLION
Building Better Communities,
One Grant at a Time
Susan
Davis
Ken
Sherk
John
Eastwood
Akash
Sablok
6 MILLION
Rhoda
Witherly
As at May 31, 2013
60
David
Moore
Susan Davis, Chair
Ken Sherk
John Eastwood
Akash Sablok
Rhoda Witherly
Tammy Morin Nakashima
David Moore
Leta Best
Lisa Nakamura
Filip de Sagher
Leta
Best
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.
12 MILLION
Funds earned to date from
BC Notaries’ Trust Accounts.
Tammy
Morin
Nakashima
The Current Governors
24 MILLION
18 MILLION
The Board of Governors of the Notary
Foundation of BC 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
• 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.
Wayne Braid The Board of Governors meets
quarterly to consider applications 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 BC Notaries’ Trust Accounts.
Lisa
Nakamura
Filip
de Sagher
The Notary Foundation funds are used for the following purposes.
1. Legal education
2. Legal research
3. Legal aid
4.Education and Continuing Education for BC Notaries and
applicants who have enrolled to become BC Notaries
5. Establishment, operation, and maintainance of law libraries in BC
6.Contributions to the Special Fund established
under the Notaries Act of BC
THE MATURE MARKET
The MiX
Rhonda Latreille
New Awareness,
on Both Sides of the Sale
I
n the Spring Scrivener, you
met Mary, a woman in her
80s who was let down
by businesses whose job it was
to serve her needs. No one took
the time to recognize and serve
Mary—the person.
The New Awareness
As we age, we tend to expect and
even demand higher standards—
especially a higher standard of service.
Cumulative experience and perhaps
a touch of wisdom have heightened
our sensibilities.
Today’s businesses need to look
at their products and services from
the customer’s perspective.
Let’s start with suggestions
for making life easier for maturing
customers.
Age-related changes to vision and
hearing can start in our 40s and 50s.
•In your print materials, use
a 12-point sans serif font to make
the words easy to see.
•Words in dark ink on light-coloured
paper create a nice contrast that
makes words pop.
•If you must use third-party print
materials that are difficult to read,
prepare a separate “take away”
document that is easy to read and
that lists the key points.
When you show you truly
care about the people…
they will likely return to do
business with you.
•Increase the lighting in your
establishment by as much as
30%. If you must maintain a
romantic, subdued atmosphere,
provide penlights for your
customers to read menus and so
on.
•Provide access-to-vision aids such
as eyeglass “readers,” magnifying
glasses, and magnification sheets.
•Speak clearly.
•Look directly at your customer
when you speak so he or she can
see your lips.
•Reduce or eliminate competing
background noise.
•When you leave a phone message
for a customer, slow down. Repeat
your telephone number at the end
of the call.
At a recent Money Show where
I was making a presentation about
the changing needs of the maturing
marketplace, a member of the
audience in her 60s summed up her
own experience: “ ‘They’ know about
their products and services, but they
don’t know about me.”
To lift our Mary and others from
being merely isolated transactions
The Scrivener
to the level of returning, happy
customers, all it takes is a shift
in intention and perspective.
•Put each customer into context
as a valuable person, with a name,
a unique set of needs, and
a position in your community.
•Be courteous. Treat each customer
with genuine respect. Let your
customer know you are ready
to help and to provide information.
When you show you truly care
about the people you are attracting
to your business, they will likely return
to do business with you. And they will
tell their families and all their friends
about how well they were treated! s
Inspired by the United Nations
endorsed Age-Friendly City initiatives,
Age-Friendly Business® made the
commitment to build upon this noble
foundation and to invite businesses
and professional services to participate
in the Age-Friendly Revolution.
To find a Certified Age-Friendly Business
(CAFB)® or a Certified Professional
Consultant on Aging (CPCA)® near you,
go to www.AgeFriendlyBusiness.com.
To find out how you can become
a Certified Age-Friendly Business
or a CPCA, phone toll free 1-877-272-8086.
Rhonda Latreille, MBA, CPCA, is the
founder of Age-Friendly Business®.
Telephone: 1-877-272-7575
[email protected]
61
TRAVEL IN BC
Bernie Fandrich
Hooked
on Whitewater
First trip on the Thompson
in 1973
Fall colours along the Thompson
T
he beauty of the
Thompson can astound
you—and its power can
zap you in seconds.
Forty years of my life and livelihood
are entwined with this magnificent
waterway. I have travelled its rapids,
hiked its shores, marvelled at it from
the highway, and studied its history.
My first rafting trip was journeying
8-miles from Spences Bridge
to Goldpan Provincial Park on June
10, 1973, at high water. That year, as
Spring flowed into Summer and the
water level receded, I saw a new river
emerge. When the water level lowered
and warm water replaced the melting
snow, boiling rapids disappeared and
fresh torrents surfaced.
In the Fall, the rapids morphed
into the most amazing stretches
of whitewater imaginable—stunning
in every respect. The river hosted
millions of salmon, hundreds
of anglers, and myriad birds and
wildlife feeding. I was smitten.
62
All photos courtesy of Kumsheen Rafting Resort
Life-Changing Run
In mid-Summer 1973, I decided
to make my first run down the lower
Thompson and the river’s biggest,
wildest rapids. I recruited several
Lytton friends and we launched,
slipping down the river, bouncing from
rapid to rapid.
Crazily, we popped through the
other side. The raft was awash but we
were intact and right-side-up. We had
conquered the Jaws of Death. From
that day forward, I was hooked on
whitewater.
Understanding the Rapids
When we entered the Jaws
of Death Rapids, the bottom fell out
of my world. We plunged 8 feet and
a huge, towering wall of water surged
above us, smashing down into our
raft. Looking up, on that hot, hot day,
I could see sun shining through the
crest of the wave. It struck with such
force, I didn’t know if we had flipped,
crashed, or been jettisoned overboard.
To a river-runner in a raft, canoe,
or kayak, quickly identifying what is
happening in a rapid is vital to its
successful navigation. An experienced
eye instantly knows where the
main channel flows, the location of the
major and minor obstacles, and how
to manoeuvre a craft through the
hazards. In difficult rapids, it is common
to stop, scout, and select a route before
running the fast-moving water.
First descent of the Devil’s Gorge in 1973
In 1828, the very first recorded
descent of the Thompson, Jean
Bernard—the most capable river
guide in Canada at the time—lead
an expedition of canoes and a dorylike boat down the river for George
Simpson, Governor of the Hudson’s
Bay Company. The only section of the
river that Bernard stopped to scout
was through the Devil’s Gorge, the
C.O.V.E.
As I guide whitewater rafts down the Thompson
or Fraser, people frequently ask what causes rapids.
The word C.O.V.E. is an easy way to remember.
Osprey soaring above a raft
continuous stretch of rapids at the onset of those last 16
churning kilometres. Here is a description of their run from
my book, British Columbia’s Majestic Thompson River.
“The three boats pitched their way down the river,
the crews struggling to keep it upright and in control. The
dangers were many: Swamping the boats, flipping and
capsizing, breaking their crafts’ spines on submerged
hazards, being catapulted out of their boats by the river’s
sudden drops and heaves, or simply being smashed
to pieces on the rocks and cliffs that were present almost
every inch of the way…Simpson’s voyageurs prevailed.”
Kayaker running a huge wave caused by a large rock
For centuries to come, navigating the Thompson River
will be a challenging and exciting adventure! s
Bernie Fandrich, a former
university instructor, is a pioneer
of the whitewater rafting
industry in Canada. He has
a passionate relationship with
the Thompson. Bernie and his
family have safely shared the
river’s rapids and stories with
more than 250,000 enthusiasts
of all ages at his Kumsheen
Rafting Resort near Lytton, BC.
Telephone: 1-800-663 6667
[email protected]
www.kumsheen.com
Constriction: When a river squeezes into a tighter
channel than normal, the water can turn on itself,
creating energy that erupts in boils and whirlpools.
Obstruction: Most commonly caused by underwater
rocks or bedrock outcroppings, obstructions are
anything that causes a sudden change in the direction
of the current.
Volume: That is changes to the amount of water that
normally flows in a river channel, such as Spring runoff
from melting snow that often fills a river from bank
to bank. When the volume is excessive, the result can
be explosive.
Elevation: That is the gradient of a river. The steeper
the gradient, the faster the river flows and the bigger
the whitewater.
•The Thompson River gradient near Ashcroft is
1 metre per kilometre.
•The last 16 kilometres have a gradient more than
3 times as steep.
•Hence, the largest, most powerful rapids on
the Thompson—23 in total—are in those last
16 kilometres.
Typically, a combination of factors creates a rapid.
Stunning scenery along the river
•The dynamics of the Jaws of Death Rapids combine
all four causes—creating the most volatile rapids on
the river, especially during high water in June and
early July.
The Scrivener
63
PERSONAL PLANNING
Diane Haarstad
Notaries Help
Families Give Back
S
upporting philanthropic
wishes can help save
a child’s life 20 or more
years from now.
When Dan and Tracy Ryper
of Nanaimo learned they were expecting
a child, they were ecstatic. “Tracy had
a kidney transplant so we were never
supposed to have kids,” says Dan. “We
had reconciled ourselves to that reality
but then Tracy became pregnant.”
“Everything seemed to be going
very well,” recalls Tracy, “but when
I was having a checkup related to my
kidneys, the doctors were concerned
because I had retained water and my
blood pressure was up. I was told
to check in at our local hospital.
My condition worsened and I was
airlifted to Vancouver.”
What Tracy thought would be
a case of bed rest for the remainder
of her pregnancy became an
emergency C-section. Ben was born
at only 26 weeks, weighing just over
a pound. His condition was so fragile,
he required a month-long stay in the
“The caregivers were
so supportive, I don’t
remember being scared.
Ben at 1 week
Neonatal Intensive Care Unit at BC
Children’s Hospital.
Seeing the expert care Ben
received helped Tracy and Dan push
aside their fears. “The caregivers were
so supportive, I don’t remember being
scared. Everyone was so good to us.
I was pretty out of it for a week but
I did get to touch Ben as soon as he
was born,” says Tracy.
Thanks to attentive care, Ben
grew stronger and Tracy and Dan were
able to take their newborn home. The
couple was grateful for the treatment
their son received and were eager
to find ways to give back.
Tracy, Ben, and Dan Ryper today
64
Coincidentally, a research study
on brain development was taking
place at the Child & Family Research
Institute, located on the Children’s
Hospital site. The couple signed up
for the study and, at 3 weeks old,
to do all we can to give a little back
of what we have received,” says Dan.
“So many people touched our lives
as a result of having Ben. Despite the
circumstances, it was a wonderful
experience.”
The Rypers also
felt the need
to update their Wills.
Ben became the first premature
infant to use the magnetic resonance
imaging (MRI) neonatal transport
incubator at Children’s Hospital.
Estate gifts are essential
to maintaining the world-class care
children receive at BC Children’s
Hospital. Every year, a significant
portion of the hospital’s most urgent
needs—the purchasing and upgrading
of medical equipment, education
programs, and specialized research
into childhood diseases—is funded
by estate gifts.
Ben’s parents continued to take
him to BC Children’s Hospital every
other month for 2 years to participate
in the study. “The study was so
rewarding for us. The specialists at
Children’s were amazing; they shared
with us everything to do with Ben’s
development,” says Dan.
BC Children’s Hospital is the
only full-service pediatric acute care
hospital in the province. All children
who are seriously ill or injured
are referred there to be treated
in Vancouver or, with consultation from
Children’s specialists, in their home
community.
The results of the research study
will provide valuable information
to neurologists, neonatologists, and
pediatricians as they counsel parents
whose children are at risk of having
brain injuries.
By supporting their clients’
philanthropic wishes, BC Notaries play
a vital role in safeguarding the health
of future generations. s
Ben undergoing his first
Magnetic Resonance Imaging session
Personal Planning Update
The Rypers also felt the need
to update their Wills. “Once we had
Ben, we wanted to make sure our Wills
were up to date, so we went to see our
Notary Patricia Bekar in Nanaimo.”
To learn more about BC Children’s
Hospital Foundation or to request
a “Guide to Giving” booklet, please
contact Diane Haarstad, philanthropy
officer.
Telephone: 604 875-3679
[email protected] www.bcchildrens.ca
When Patricia asked Tracy and
Dan if they would like to include any
charities in their Wills, they immediately
thought of BC Children’s Hospital.
“I like to let people know they
can include a charity in their Will,”
Patricia says. “Some of my clients are
not aware that is an option. They are
grateful to have that information.” The
Rypers are happy to know their gift will
help children like Ben in the future.
“We feel very good about our gift
in our Will. We have and will continue
Magnetic Resonance Imaging Unit
The Scrivener
Editor’s
Prefer Paperless?
Would you prefer to read
The Scrivener online rather
than receive it via Canada Post?
We will add you to our secure
notification list and no longer
mail you a paper copy.
[email protected]
www.notaries.bc.ca/scrivener
NEXT ISSUE: Fall 2013
MORTGAGES
Cover Story:
Samantha Gale,
CEO of Mortgage Brokers Association
of British Columbia
The MiX
The MiX showcases articles
on a variety of timely topics.
Considering submitting an article?
Please write [email protected].
Deadline for Fall Articles:
August 12
To send photographs
to the magazine, please . . .
•go to www.graffiki.ca, and click
on “Send A File.”
•From the top box, delete the words
“Your e-mail.”
•In that now-empty box,
type your email address.
•Send up to 5 photos at once.
•Repeat as necessary.
Deadline for Advertising Space:
September 3
[email protected]
Telephone: 604 985-9250
www.notaries.bc.ca/scrivener
65
Law in BC
Quang Duong
A Brief Guide
to the Small Claims Court
What is Small Claims Court?
In BC Supreme Court
S
mall Claims Court is a division
of the British Columbia Provincial Court.
It has jurisdiction in certain types of claims,
set out in section 3 of the Small Claims Act, R.S.B.C.
1996, c. 430, up to the amount of $25,000. The court
is designed for people to settle their disputes without
necessarily hiring lawyers.
Key Differences between the Small Claims Court
and the Supreme Court
In BC Small Claims Court
•The rules of evidence and procedure are more relaxed
and simplified to make the court accessible to the
public without resorting to the use of lawyers.
•The court generally determines the next steps in the
case and the dates when those steps are to occur.
For example, a mediation session or settlement
conference is mandatory; the court registry will set the
date for this step and, eventually the trial. You generally
have to apply to the court if you want to change any
of those dates.
•Your ability to learn about the other side’s case before
trial is limited. There are no examinations for discovery.
An examination for discovery is a procedure in Supreme
Court where you get to ask the other side questions on
oath before a court reporter.
•The judge is addressed as “Your Honour” or “Judge
(name).”
•Decisions in Small Claims Court may be appealed
to the Supreme Court of British Columbia.
•You do not recover legal costs if you win your case and,
conversely, you do not pay legal costs to the other side
if you lose.
•The cost of bringing or defending your case in this court
will generally be lower than in Supreme Court.
66
•The rules of evidence and procedure are closely
adhered to, usually making it necessary to use lawyers.
•The parties or their lawyers generally determine
the next steps in the case and the dates when those
steps are to occur.
•There are several tools available for you to learn
about the other side’s case before trial, including
the examination for discovery.
•The judge is addressed as “My Lord/Lady”
or “Mr./Madam Justice (name).”
•Decisions in Supreme Court may be appealed
to the British Columbia Court of Appeal.
•You may recover some or all of your legal costs if you
win your case and, conversely, you may have to pay legal
costs to the other side if you lose.
Top 4 Resources
1.CLE BC (Continuing Legal Education)
Provincial Court Small Claims Handbook
his comprehensive guide to the Small Claims Court
T
focuses on practice and procedure and includes forms and
precedents. If you have a question about the Small Claims
Court, chances are this book will have the answer. It is an
invaluable resource for anyone who has to deal with a Small
Claims Court case. This book is available in hard copy at
your local law library and online via subscription at CLE
Online <http://online.cle.bc.ca.>.
2. Small Claims BC Online Help Guide
his website provides general information about handling
T
your own Small Claims Court case. It includes instructional
videos and links to procedural guides and forms.
ince the court process in Small Claims Court varies
S
by location, what is really helpful about this website
is that it tells you about the specific court process involved
at the particular court location of your case. The website
is located at www.smallclaimsbc.ca.
3.Ministry of Justice
Small Claims Court Website
Help create a better
future for everyone
touched by cancer.
This website provides information
similar to that found on the Small
Claims BC Online Help Guide but
in a plainer format and in more detail.
It also includes forms in PDF format
that you complete on your computer,
then print out and file. This resource
is located at <www.ag.gov.bc.ca/
courts/small_claims/index.htm>.
Note that the court will not accept
forms for filing by email.
Discovery needs willing partners.
4.Provincial Court
of British Columbia Website
When your client remembers the BC Cancer Foundation in their will,
they’ll be supporting world-renowned research in BC that is shaping
the future of cancer care.
his is the official website for the
T
Provincial Court of British Columbia.
It provides news about the court,
recent judgments, and practice
directions. It can be accessed
at <www.provincialcourt.bc.ca>. s
Please be sure to use the full legal name of our organization:
BC Cancer Foundation
Registration Number: 11881 8434 RR0001
Quang Duong is an Associate at the law
firm of MacKenzie Fujisawa LLP.
His litigation practice includes assisting
clients with real estate, Wills and estates,
personal injury, and professional
insurance matters.
Isabela Zabava, LL.B at 604.877.6040
or [email protected]
MacKenzie Fujisawa LLP
1600 – 1095 West Pender Street
Vancouver, BC V6E 2M6
Your client can create a lasting legacy
of love for all of BC’s children
Telephone: 604 689-3281
[email protected]
www.mackenziefujisawa.com
When your client includes BC Children’s Hospital
Foundation in their will they could be saving the
life of a child 20 years or more from now.
©iStockphoto.com/Ryerson Clark
Small Patients
Great Needs
For more information or
to let us know your client
has made a gift through their
estate, please contact Diane Haarstad,
Philanthropy Officer, Gift & Estate
Planning at 1-888-663-3033
or [email protected]
The Scrivener
www.bcchf.ca
67
COURTSIDE
Trevor Todd
Judith Milliken, QC
The Vexatious
Litigant
V
exatious litigation
generally involves legal
proceedings brought
solely to harass or oppress
the opposing party.
Vexatious litigation may range
from a first-time, frivolous lawsuit
to repetitive, meritless applications
brought within an otherwise proper
lawsuit. In a nutshell, vexatious
litigation involves an abuse or misuse
of the legal system for the litigant’s
own ends.
In the case of O’Neill v.
Deacons, 2007 ABQB 754, a dispute
over a dog, vexatious litigants were
described as follows.
[25] What the various common
law and statutory criteria suggest
is that vexatious litigants are
those who persistently exploit
and abuse the processes of the
court in order to achieve some
improper purpose or obtain some
advantage. Vexatious litigants
tend to be self represented, and
quite often the motivation appears
to be to punish or wear the other
side down through the expense
of responding to persistent,
fruitless applications. This is
why the failure to pay costs for
such applications is a significant
element in determining whether
a litigant is vexatious.
68
Vexatious litigants abuse
the court process, often
with a complete disregard
for court orders, while
paradoxically seeking
their own court orders.
Vexatious litigants may be broadly
categorized into two groups:
•those with mental health concerns
who launch multiple legal actions
against diverse targets, and
•those, unsuccessful in a lawsuit,
who become aggrieved and refuse
to accept defeat. They hopelessly
persist, attempting to re-litigate
their case.
Vexatious litigants abuse the
court process, often with a complete
disregard for court orders, while
paradoxically seeking their own court
orders. One sometimes wonders if they
are operating under a delusional belief
that eventually they will find a judge
who will completely understand them
and make things ”right.”
As vexatious litigants are usually
self-represented, they are initially
given a certain amount of leeway. Only
with time does the litigant’s obsession
become clear. Ultimately that
persistence becomes evidence of the
party’s unreasonableness.
We learned first-hand about
vexatious litigants in 1982 after
winning a successful civil claim.
Thereafter, the defendant appealed—
alleging the trial judge had been
bribed. The defendant went on
to sue several parties including the
Attorney General and many downtown
Vancouver law firms. Ultimately, the
court granted an order prohibiting him
from commencing any further court
proceedings except with leave of the
court.
Such orders have been made
against litigants ranging from the
Church of Scientology, to incarcerated
malcontents, to defendants
in foreclosure proceedings. In
appropriate circumstances, our
courts are indeed willing to intervene
to prevent abuse of the court process.
The Law
Superior courts, such as the BC
Supreme Court and Court of Appeal,
have an inherent jurisdiction to control
their own process. Supplementary
to this, many jurisdictions have
enacted legislation to allow the courts
to control vexatious litigants.
In British Columbia, section 18
of the Supreme Court Act permits the
court to order that a legal proceeding
must not be instituted by a named
litigant except with leave of the court.
Such an order may be made where
a court is satisfied that the person
has habitually, persistently, and
without reasonable grounds instituted
vexatious legal proceedings against the
same or different persons.
As to the criteria for determining
whether legal proceedings are
vexatious, the oft-cited case, Re. Lang
Michener v. Fabian (1987) 59 O.R.
(2d) 353, (H. C. J.), has been applied
in many BC decisions. In paragraph
[19] of that decision, the court
enunciated the following principles.
a.The bringing of one or more
actions to determine an issue
that has already been determined
by a court of competent jurisdiction
constitutes a vexatious proceeding.
b.Where it is obvious that an action
cannot succeed or if the action
would lead to no possible good
or if no reasonable person can
reasonably expect to obtain relief,
the action is vexatious.
c.Vexatious actions include those
brought for an improper purpose,
including the harassment and
oppression of other parties
by multifarious proceedings
Such an order may be
made where a court is
satisfied that the person has
habitually, persistently, and
without reasonable grounds
instituted vexatious legal
proceedings against the
same or different persons.
brought for purposes other than
the assertion of legitimate rights.
d.It is a general characteristic
of vexatious proceedings that
grounds and issues raised
tend to be rolled forward
into subsequent actions and
repeated and supplemented,
often with actions brought against
the lawyers who have acted for
or against the litigant in earlier
proceedings.
e.In determining whether
proceedings are vexatious,
the court must look at the whole
history of the matter and not just
at whether there was originally
a good cause of action.
f.The failure of the person
instituting the proceedings
to pay the costs of unsuccessful
proceedings is one factor to be
considered in determining whether
proceedings are vexatious.
g.The respondent’s conduct
in persistently taking unsuccessful
appeals from judicial decisions
can be considered vexatious
conduct of legal proceedings.
In British Columbia (Public
Guardian and Trustee) v. Brown, 2002
BCSC 1152, Mr. Justice Halfyard
set out two distinct elements that
must be established for a section 18
application to succeed.
1.
The proceedings themselves must
be “vexatious.” In other words, the
proceedings must be annoying,
irritating, distressing, or harassing
and must be taken without
reasonable grounds.
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The Scrivener
69
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2.
There must be intent. That intent
is judged objectively and requires
proof of a knowing and deliberate
repetition or continuation
of the vexatious conduct. It
is not necessary to prove that
the vexatious litigant actually
knows that his or her conduct
is vexatious but rather that
a reasonable person in those same
circumstances would believe the
conduct to be vexatious.
Re. Kaiser (2008) 41 CBR
(5th) 200 (BCSC) concluded that
section 18 orders apply only to future
applications and not retroactively
to outstanding applications.
This statutory provision, however,
is supplementary to similar powers
residing in the court’s inherent
jurisdiction. In Household Trust
Company v. Golden Horse Farms
Inc. (1992) BCJ 652, the Court
of Appeal held that under this
inherent jurisdiction, the court could
bar prosecution of proceedings
already commenced and also make
orders against those defending
actions—in this case, defendants
in a mortgage action. The court
upheld a direction that none of the
litigants would be permitted a court
audience, except through counsel—
that is, they could not personally
make submissions to the court.
Only their lawyer could do so.
Conclusion
The ability to curb abusive litigation
must be balanced against a citizen’s
right to legitimate access to the
courts.
Founder,
Rhonda Latreille, MBA, CPCA
1-877-272-8086
www.CPCAcanada.com
70
Section 18 of the Supreme Court
Act, together with the court’s inherent
jurisdiction, provides our courts with
valuable tools to prevent the misuse
of legal process.
As Justice Southin aptly stated
in Household Trust Company v. Golden
Horse Farms Inc. (1992) BCJ 652 at
page 12:
In my opinion, the Supreme
Court of British Columbia has
an inherent jurisdiction and
a corresponding duty to exercise
that jurisdiction to protect
a petitioner or plaintiff who
seeks relief in that Court from
proceedings by a defendant
who is vexatiously abusing the
process of the court. That it is
a jurisdiction to be exercised with
great caution, I have no doubt.
But not to exercise it where there
is no other way to bring reason
into proceedings is, in effect,
to deprive the plaintiff or petitioner
of justice according to law. The
court if it fails to act becomes but
a paper tiger. (Emphasis added)
The ability to curb
abusive litigation
must be balanced against
a citizen’s right to legitimate
access to the courts.
Nevertheless, judges are typically
very hesitant to forbid a party from
instituting legal proceedings except
with leave of the court. The courts will
afford a litigant great leeway to ensure
he or she receives a proper hearing.
The case must be very clear for such
an order to be made. s
Trevor Todd restricts his practice
to estate litigation and has practised
law for 38 years. He is a past President
of the Trial Lawyers Association of BC,
a past chair of the Wills and Trusts
(Vancouver) Subsection, and a past
president of the New Westminster Bar
association. He frequently lectures
to CLE, TLABC, the BC Notaries, and
various law, business, or general
public sessions on estate law issues.
Disinherited.com is 17 years old.
It has hundreds of blogs and articles
and currently over 5600 visitors per
month on average.
Judith Milliken, QC, hails from
Saskatchewan. She has practised law
in BC since 1976. A former commercial
lawyer then senior Crown Counsel, she
is a highly experienced litigator who
practises exclusively estate litigation,
Wills, and trusts with Stewart Aulinger,
Vancouver.
[email protected]
LETTERS
LETTERS
LETTERS
©iStockphoto.com/Poula Thorsen
LETTERS
I am a retired educator and
the current secretary of a strata council.
Winter 2012
Spring 2013
Once again, I am totally impressed
with The Scrivener.
It is such a great source of information
and references for me as Editor
of LawNow.
I have been pouring over the Winter
2012 issue about Immigration. The
theme for LawNow for the September/
October issue is Immigration. I would
like permission to reprint two articles.
•The first we would use as our
Viewpoint column at the beginning
of the issue—the comment
by Filip de Sagher entitled
“Immigrate or Emigrate: a Lifelong
Journey.” It will set such a good
tone for the issue.
•Then, we would like to use
“Permanent Residents and the
Residency Obligation” by Alex
Ning. It is an excellent explanation
of the law in this area.
Teresa Mitchell, BA, LLB
Editor/Legal Writer
LawNow Magazine
Edmonton, Alberta
Ed. Note: Permission Granted!
I find something of benefit in most
issues of the magazine and often
something of personal interest, too,
such as information
about planning my
estate. Thank you for
making this valuable
publication available.
Pat Gagnon I have to compliment you
on The Scrivener.
I frequently read it from front to back.
You do a fantastic job and the articles
are very informative. The layout is
great, too. Thank you
for continuing to send
the magazine to me.
I do appreciate it.
Gerry van der Ven
Retired BC Notary
Spring 2013 was an excellent edition
of The Scrivener.
I loved Susan Freeborn’s article,
A Nickel for Your Thoughts, about the
demise of the penny. She brought back
so many memories and
some of the wonderful
sayings we all grew up
with. Ron Hyde
British Columbia
Historical Federation
We Love to Hear From You! [email protected]
The Scrivener
BC Notaries
Speak
Your Language
BC Notaries around the province
offer many noncontentious
legal services (see page 74)
in an impressive variety of languages.
English
Arabic
Bulgarian
Cantonese
Croatian
Dutch
Farsi
Filipino
Flemish
Fookien
French
German
Gujarati
Hindi
Italian
Japanese
Korean
Malaysian
Mandarin
Persian
Polish
Portuguese
Punjabi
Romanian
Russian
Serbian
Shanghaiese
Spanish
Swahili
Swatow
Swiss
Swiss German
Tagalog
Taiwanese
Tamil
Taoshan
Telegu
Urdu
Vietnamese
71
Taxes
Andrea Agnoloni
Death and Taxes:
Here to Stay
E
arly in the year,
I attended the Executor
Administration Course
organized by The Society
of Notaries Public of BC.
I was overwhelmed to learn the
amount of work and responsibilities an
executor must undertake to carry out
the last wishes of the Will-maker.
•The executor must advise the
beneficiaries of any “taxable”
amounts of money or other
benefits they will be receiving
from the estate.
As a Certified General
Accountant, I am often engaged
by clients who are acting as executors
of an estate to help them comply with
the reporting of income as a result
of death and the computing of the
final income tax bill.
•Before distributing any property
to the beneficiaries, the executor
must obtain a clearance certificate
from CRA that certifies all the
above applicable taxes have been
paid.
There are a number of special
rules to follow in connection with filing
the tax return of deceased individuals
and unless you are familiar with the
rules, I recommend that you seek
professional assistance.
•If an individual dies between
January 1 and October 31, the
final tax return is due April 30
of the year following the year
of death.
•If the individual dies between
November 1 and December 31,
the return is due 6 months after
the date of death.
The executor must ensure all the
necessary returns are filed and
the taxes owed are paid.
72
I was overwhelmed to learn
the amount of work and
responsibilities an executor
must undertake…
•If the executor does not get
a clearance certificate, he or she
can be personally liable for any
amount of tax that the deceased
owes.
The clearance certificate is
requested by filing the prescribed
form TX19. The form should be
mailed to CRA only after the notice
of assessments has been received for all
the returns that are required to be filed
and the taxes owed have been paid.
The form must be filed together with
•a copy of the Will,
CRA will usually accept the
copy of the statement of assets and
liabilities included in the probate
documents.
The estate of a deceased
individual may file multiple tax returns
as the deceased’s final filing. That
allows for the deceased to claim
personal tax credits on more than
one return and reduce the income tax
otherwise payable.
The estate of a deceased
individual may file up to three tax
returns if there is
•an income from “rights or things,”
•business income from a partnership
or sole proprietorship, and
•earned income from
a testamentary trust.
Rights or Things
•Salaries, commission, and
vacation pay earned but not
received at time of death
•Dividends declared but unpaid
•Unclipped matured bond coupons
On each optional return, a claim
can be made for the basic personal
amount, age amount, spouse amount,
claim for eligible dependants, and
caregiver amounts.
•a statement showing a list
of assets (with market values)
owned by the deceased at time
of death.
When individuals die, they are
deemed to have sold their assets at fair
market value at the time of death. Any
capital gain or loss is included in their
final tax return. If there is a surviving
spouse, the assets—valued at their
•all probate documents, and
A review of the 1994 income
tax return is required to determine
if the capital gain exemption election
was filed to increase the cost of any
investment to the extent of the capital
gain exemption available (in 1994)
of up to $100,000.
original costs—can be transferred
to the spouse on a tax-free basis.
In the event the deceased
individual had capital losses from
other years, the transfer to the spouse
of the losses can be done at fair
market value to utilize the losses.
The new-cost basis of the property
transferred to the surviving spouse
will be the fair market value
at the time of death.
The rule of the deemed disposition
at fair market value at the time
of death gives rise to a basic estateplanning strategy.
If there are assets to be
distributed to the surviving spouse
and to other beneficiaries, consider
Typically, the most common
assets transferred at death are the
family home, real estate investments,
portfolio investments, registered
retirement instruments, and personal
possessions.
•leaving assets to the spouse that
have increased in value, and
•leaving assets with no increase
in value such as cash and GICs
to the other beneficiaries.
Family Home
The gain on the value of the family
home will qualify for the principalresidence exemption. Assuming no
other property has been designated as
a principal residence, no income tax
will be payable on the home.
Any income earned after
death is taxable to either the
estate or the beneficiary.
Investments
Investments in GIC or T-bills do
not appreciate in value and can be
transferred to a beneficiary without tax
consequences.
Registered Retirement Savings Plans
If the RRSP has not yet matured,
the fair market value of the RRSP is
included in the deceased’s income
in the year of death. There are,
however, a few exceptions to the rule.
•Any income earned prior to death
is included in the final tax return.
•Any income earned after death
is taxable to either the estate or
the beneficiary.
•If the surviving spouse is the
beneficiary, the funds can be
transferred to the spouse’s
RRSP. The amount transferred is
included in the spouse’s income
but an offsetting deduction
will remove any tax due on the
transfer.
Investments in real estate, stocks,
mutual funds, and bonds whose value
fluctuates may generate a capital
gain or loss that is included in the
final tax return. Particular attention
must be paid to determine the cost
of the assets to calculate the proper
gain or loss. For this purpose, it is
important that the deceased kept good
documents and records of all his or her
investments.
©iStockphoto.com/Pink Tag
•If the estate is named as
a beneficiary and there is
a surviving spouse, the executor
and the surviving spouse can file
a joint election with CRA allowing
the transfer of the RRSP funds
from the estate to the RRSP of the
spouse.
•If there is no surviving spouse, any
amounts paid to a dependent child
or grandchild will be included
in the income of the child. If the
child is younger than 19, the
income can be deferred by rolling
the RRSP to an “age 18 annuity.”
The Scrivener
That annuity requires all the funds
to be paid to the child before the
age of 19.
•If there is no surviving spouse
and the child or grandchild
is financially dependent due
to a physical or mental infirmity,
the funds may be rolled tax-free
into the RRSP of the child or
grandchild.
Registered Retirement Savings Plans
When the deceased owns an RRIF,
the market value of the RRIF at time
of death is included in the deceased’s
income. As with the RRSP, there are
exceptions for the RRIF.
•If the annuitant of the RRIF made
a written election on the RRIF
contract or in the Will, to continue
the RRIF payments to the
surviving spouse after death, then
the surviving spouse becomes the
annuitant and pays tax on future
RRIF payments.
•If the deceased neglected
to select the spouse as the
recipient of the RRIF, it is still
possible to designate the surviving
spouse as the beneficiary of the
RRIF. The legal representative,
the executor, must consent to the
spouse becoming the annuitant
of the RRIF.
•If the beneficiaries of the RRIF
are dependent children, the same
rules for the RRSP apply to the
RRIF.
Tax Free Savings Account
The tax implication of the TFSA at
time of death will depend on the type
of beneficiaries and if any income
is earned after the date of death.
Technically, the tax-free nature of the
plan ceases immediately before death.
There is no income inclusion for the
deceased, but future earnings in the
plan become taxable from the time
of death.
If the TFSA contract named
a successor holder, however, the
survivor will become the new holder
of the TFSA.
In the year of death, some rules for
deductions and claims of tax credits
are more generous.
73
ALLIED PROFESSIONALS
ASTTBC
Executive Director
John Leech is pleased
to announce the names
of the highly qualified
John Leech
officers approved
th
at the 54 Annual General Meeting
of the Applied Science Technologists
and Technicians of BC.
President
Dave Rutherford, AScT, BCLS, CLS
Vice President
Keith Trulson, AScT, EngL
Secretary Treasurer Trent Reid, CTech
Past President
Bill MacPherson, AScT
Directors
Barry Brooks, AScT, CHI, RRFA(L), PEng;
Sarah Campden, CTech, RTMgr;
Toni-Lynn Card, AScT;
Brian Carr, PhD (*);
Richard Cave, AScT;
Russell Dobie, AScT;
Wendy Grant-John, MBA (*);
Dmitri Gulak, AScT, PQS, MRICS;
Kai Hui, AScT;
Grant Loyer, AScT, CMC;
Tim Smith, PGeo, EngL (*)
* Public Representatives
“Our Association is thriving and growing
largely because of the commitment
to excellence and service of our volunteer
Executives over the years,” claims
ASTTBC Executive Director, John Leech.
AScT, CAE. “This incoming executive
is ahead of the curve in their grasp
of relevant career and skills training
and in professional practice.” s
ASTTBC Technology Professionals
design, build, and maintain the systems
that deliver reliable drinking water,
electricity, and fuel for the furnace and
range. They operate and maintain health
care equipment, inspect homes, certify
safety equipment, and help design and
build community infrastructure, roads,
lighting, and traffic control.
Telephone: 604 585-2788
[email protected]
www.asttbc.org
74
Charitable Donations
The inclusion rate of the amount
of donations that are eligible for the
tax credit is increased from 75 to 100
percent. Any donations that cannot be
claimed in the year of death can be
carried back to the previous year and
applied at the 100 percent inclusion
rate; all donations made in the Will
of the deceased are deemed to be
made in the year of death.
Medical Expenses
The general rule provides that medical
expenses may be claimed for any
12-month period ending in the year
of death, to the extent that they exceed
the lesser of 3 percent of the deceased’s
net income and an amount set from year
to year. The legal representative (the
executor) of the deceased may claim,
in the year of death, medical expenses
paid within any 24-month period, which
includes the date of death, but the same
expenses cannot be claimed more than
once.
Net Capital Losses
Generally allowable capital losses are
deductible only against taxable capital
gains. That limitation is removed in the
year of death and in the immediately
preceding year. All allowable capital
losses and net capital-loss carryforwards may be deducted in computing
the taxable income in the year of death
and the year preceding death.
As I learned from the BC Notaries’
Executor Administration Course,
the executor must, from the very
beginning, take all the necessary steps
to protect the estate of the deceased.
That can be a stressful task during
emotional times.
Protecting the estate also means
ensuring the income tax due at death
is minimized by taking advantage
of all the rules and elections available.
It is highly recommended that you
consult professional advisors before
any financial decisions are made that
affect the estate of the deceased. s
Andrea Agnoloni is a BC Notary Public
practising in North Vancouver. He is also
a Certified General Accountant with EPR
– North Vancouver, an Independent
Firm of EPR Canada Group Inc.
[email protected] The Society of Notaries Public of British Columbia
Services a BC Notary
Can Provide
Notarization/Documents
•Affidavits for All Documents required
at a Public Registry within BC
• Certified True Copies of Documents
•Execution/Authentications
of International Documents
• Notarizations/Attestations of Signatures
• Personal Property Security Agreements
• Statutory Declarations
Personal Planning
• Estate Planning
• Health Care Declarations
• Powers of Attorney
• Representation Agreements
• Wills Preparation
• Wills Searches
Travel
• Authorization of Minor Child Travel
•Letters of Invitation for Foreign Travel
• Passport Application Documentation
• Proof of Identity for Travel Purposes
Business
• Business Purchase/Sale
•Commercial Leases and Assignment
of Leases
• Contracts and Agreements
Property Matters
• Easements and Rights of Way
• Insurance Loss Declarations
• Manufactured Home Transfers
• Mortgage Refinancing Documentation
• Purchaser’s Side of Foreclosures
•Residential and Commercial Real Estate
Transfers
•Restrictive Covenants
and Builder’s Liens
•Subdivisions and
Statutory Building
Schemes
• Zoning Applications
Marine
•Marine Bills of Sale and Mortgages
• Marine Protestations
Some BC Notaries provide these services.
• Marriage Licences
•Mediation
• Real Estate Disclosure Statements
Over 300 Notaries to Serve You!
For the BC Notary office nearest you,
please call 1-800-663-0343
or visit www.notaries.bc.ca.
Business
ORIGINAL RECIPE
Homemade
and Healthy
Dog Food
M
NOTARIES PUBLIC
“Knowledgeable & Capable”
ROY CAMMACK,
M.B.A., C.S.A.
NOTARY PUBLIC (1982)
Telephone: (604) 536-7288
Fax: (604) 538-4477
Appointments Appreciated
y son’s Beagle has pancreatitis and
must eat a very low-fat diet.
Absolutely no kibble for Molly!
#106 - 1656 Martin Drive
Surrey, British Columbia
Canada V4A 6E7
e-mail: [email protected]
Website: www.cammack.ca
Real Estate Documents ✧ Subdivisions ✧ Transfers ✧ Mortgages
Leases ✧ Liens ✧ Powers of Attorney ✧ Wills & Affidavits
Buying low-fat foods for dogs is expensive so I started
making her food.
TAMMY MORIN NAKASHIMA
Because this diet is very low in fat and the dog is highly
active, she requires two small meals a day and a mid-day
snack—low-fat yogurt or cottage cheese and canned sweet
potato or pumpkin off the grocery shelf. A vet-approved
mineral supplement is a must.
Notary Public
I make the recipe every 2 or 3 weeks on a rainy day
while doing other things around the house.
Phone:
604 275 0070
Fax:
604 275 0080
Email:
[email protected]
Ingredients
#209-3740 Chatham Street
Richmond BC V7E 2Z3
2 full chicken breasts
1 large (2 small) sweet potatoes or yams (or one of each),
cut in chunks
3 or 4 carrots, cut in chunks
1-½ cups cooked brown rice
2 scoops veterinarian-recommended mineral supplement
You can add or substitute veggies if you (or your dog) prefer—
zucchini, peas, and so on.
James L. Robinson
NOTARY PUBLIC
T: 604.931.1202
F: 604.931.1206
E: [email protected]
•In a stock pot, cover and simmer chicken breasts
and vegetable chunks for 50 minutes.
Reserve 2 cups of the broth.
Suite 240 – 1140 Austin Ave., Coquitlam, BC V3K 3P5
•Cook brown rice according to package directions.
Remove skin and bones from the chicken and chop chicken
into bite‑size pieces.
Cut cooked veggie chunks into bite‑size pieces. Do not mash.
Combine all cooked ingredients in a large bowl.
Westcoast Surveys Ltd.
Fill canning jars or Tupperware containers with mixture.
Registered member of ASTT of BC
To moisten mixture, pour a little of the reserved chicken
stock into each container.
Site surveys for Mortgage Purposes
Store in fridge up to 3 days or freeze.
Cost: Approximately $12
Don Prokopetz
AScT, RSIS
This recipe is enough to feed our Molly
for about 10 days s
Tel 604 543-8665
Fax 604 543-8610
Marny Morin
The Scrivener
75
TECHNOLOGY
Akash Sablok
Tech/
Eco-Run
Let There Be Light; Let There Be Green
W
hen I heard I was
selected to drive
1 of 22 new vehicles
from Ottawa to Montréal,
I thought Cool.
When I heard it was not a race but
a rally of eco-friendly automobiles with
the goal of maximizing fuel savings,
I thought, Well, okay. After the trip,
my wallet is saying “Wow!”
The opening ceremonies
for the second annual 3-day AJAC
Eco-Run convoy to Montreal started
in the parking lot of the Natural
Resources Canada (NRCan) head
office in Ottawa. Natural Resources
Canada Minister Joe Oliver was
there to see us off—22 Automotive
Journalists from across the country
driving vehicles that represent the
most advanced fuel-efficient and
eco-friendly technologies available
in today’s automotive marketplace.
Our vehicles ranged from
compacts and family sedans
to premium full-size SUVs and
pickups. The types of power
trains included pure electrics and
plug‑in hybrids, gas/electric hybrids,
and a variety of high-efficiency gasand diesel-fuelled engines.
Not only did this event highlight
the latest advances by manufacturers
to improve fuel efficiency and reduce
the impact on our fragile environment,
the journalists used driving techniques
we all can adopt to reduce fuel
consumption—and fuel costs, regardless
of the age of our rides. We all can take
steps to reduce fuel costs right now
in our current vehicles and in the future
by choosing eco-friendly vehicles.
The rally ended at the
Polytechnique University in Montreal.
Students and journalists were treated
to a visit to the downtown workshop
of Formula One driver Jean-Eric Vergne.
The Vehicles in the 2013 Eco-Run
1. Ford Focus EV
2. Ford Fusion Energi
3. CMAX Energi
4. Hyundai Sonata Hybrid
5. Porsche Cayenne Diesel
6. Honda Accord Plug-in Hybrid
7.Mazda3
8.Mazda6
9. Mazda CX-5
10. Mitsubishi I-MiEV
11. VW Jetta Hybrid
12. Dodge Ram 1500 HFE
13. Infiniti 45 Hybrid
14. Chevrolet Cruze Diesel
15. Chevrolet Volt
16.Mercedes-Benz Smart Fortwo
Electric Drive
17. Mercedes-Benz B250
18. Mercedes-Benz GLK 250 BlueTEC
19. Toyota ES 300h
20. Toyota Prius v
21. Kia Rio 5-Door LX + (ECO) AT
22. Subaru Forester
76
For further details of the event,
visit the AJAC website (www.ajac.com/
ecorun) or on Twitter (#ecorun).
For more in-depth tips on altering
your driving techniques to reduce fuel
consumption and lower emissions,
Stantec Consultants—another EcoRun partner—is introducing an
online tutorial for consumers that has
been developed in conjunction with
NRCan. The Eco-Driving course is
part of Stantec’s Learning Solutions
program. For more information, go
to http://stantec.informetica.com.
Let There Be Light,
Powered by the Sun
The Home Depot Patio Offset Solar
Umbrella contradicts itself. It provides
shade, yet lights up your world.
During the day, solar panels woven
into the fabric collect the sun’s rays
and store them in the built-in battery.
As the light from our closest star starts
to dwindle, 40 LED lights provide
a soft ambient glow under the canopy
of the umbrella, without messy wires
running to an outlet.
The 11-ft. olefin-fabric span
ensures a lot of area is covered.
The offset base means the
umbrella can hang over an area.
The unit comes partially
assembled, but it is heavy and takes
at least two people to transport it and
set it up.
The umbrella’s weather-resistant
construction, including the aluminum
pole, is great for long-term use.
Sunny weather reports not included.
www.homedepot.ca $249
Keep it Light! Keep it Loud!
A truly fun Summer must have tunes.
It’s even better when your music unit
has a wireless portable speaker.
Edifier, a worldwide manufacturer
of speakers, with an office
in Richmond, BC, is known for its
stylish, feature-rich speakers. The
iF335—affectionately known as
the Bric Connect—is Edifier’s little
powerhouse Bluetooth speaker.
You can plug your Connect into the
wall and use it as a wireless speaker
for your iPod, iPad, Android device,
or basically any source with Bluetooth
audio. You can also hook up your source
through a standard 3.5 mm headphone
jack—available on almost every portable
device since the Walkman!
Or you can disconnect the
Connect from the wall and let 6 AA
batteries juice up the sounds while you
relax on the beach or in the backyard,
sundeck, and so on.
The design is smooth and clean.
Its size of 3.75 x 12 x 4.75 (inches)
means it can fit into many an overnight
bag. Greasy-fingerprint warnings are
in full effect, though; the Bric Connect
has a glossy plastic finish.
It’s not all play with the unit.
The built-in microphone is useful when
your cell phone is connected to the
unit via Bluetooth.
One phone call you won’t be
making is to your credit card company
for a limit increase. The Bric Connect
is quite reasonably priced.
www.edifier.ca $99 s
Vancouver
Notary Akash Sablok, AJAC
(Automobile Journalists Association
of Canada), practises with his father
Tarlok Sablok. Akash writes regular
technology and automotive columns
for several publications across Canada and
appears as a guest technology reviewer
on TV programs including CityTV’s
Breakfast Television (BT Vancouver), Omni
Television (BC), TELUS TV – MyTelus:
Vancouver Edition; and Shaw TV’s The
Rush with Fiona Forbes. He is a regular
presenter on CTV’s Morning Live.
[email protected]
The Scrivener
Who Will See
Your Ad in
The Scrivener?
• BC Notaries
•Land Appraisers
•Land Surveyors of BC
•Lawyers
• Real Estate Professionals
•Real Estate Boards and
Associations
• Age-Friendly Designates
• MLAs and MPs
•Life Insurance Brokers
and Agents
•Accountants
•Managers of Financial
Institutions
•Provincial/Federal Court
Judges
•Registrars
•Mayors
•Government Ministries
•Libraries: Public and Private,
including Law Society, Legal
Services, Education Facilities
•Investment Management
Agencies
• Chambers of Commerce
• BC Housing
• BC Assessment
• BC Buildings Corporation
Quarterly Press Run: 13,000
Fall Advertising Deadline: Sept. 3
www.notaries.bc.ca
scrivener@society.
notaries.bc.ca
604 985-9250
77
Honours & Events
Rosalyn Mow,
a 2013 Grad of the
MA ALS program
at SFU, represented
Vancouver at the
Global Chinese
Dance Competition
Final in Shenzhen,
China. Over 100
dancers from
Europe, Australia, Asia, USA,
and Toronto competed.
Rosalyn’s beautiful solo,
“Gently...,” a contemporarystyle Chinese dance choreographed
to a famous Chinese poem, won the
Bronze Medal for Excellence.
http://youtu.be/eUQuKUIj4Iw
Be in the Magazine!
Send your news and
a photo to The Scrivener.
[email protected]
PEOPLE
Kim Marie Gravelle
December 18, 1962, to March 13, 2013
Kim, caring daughter of BC Notary Marian Gravelle,
passed away suddenly at age 50. An intelligent and
determined Ktunaxa woman, she was beautiful inside
and out. She will be lovingly remembered for the
happiest parts of her life and the unconditional love
she had for her children, grandchildren, family, and friends.
Kim had a strong love and respect for all living
creatures. She held a special place in her heart
for horses, a passion she shared with her late father.
Ammo, newest addition
to the Notaries
on Douglas office
in Victoria, replaced
two office “guard
dogs”—sweet Meg
and Daisy, so he has
big shoes to fill. He’s a smart guy who
knows when it’s lunch time and has
trained all the NOD staff to give him
treats!
Our Society President
John Eastwood was
made an Honourary Life
Member of the Real
Estate Board of Greater
Vancouver (REBGV)
for his contribution to organized Real
Estate. John was President of the
REBGV in 1990 and President of the
Canadian Real Estate Board (CREA)
in 1996.
Where in the World
Has The Scrivener
Been?
Sooke Notary Public Cheryl Vavra and
The Scrivener at picturesque Lands
End in Cabo San Lucas, where the
Pacific Ocean meets the Sea of Cortez
Tony and Mary Jane Wilson
on The Great Wall of China!
78
During their recent sun-filled 10-day
holiday in Puerto Vallarta, Fariborz and
Shahrzad Khasha celebrated their 30th
wedding anniversary. The Scrivener
went with them.
Richmond Notary Stephen Chong and
Marina Yip at Angkor Wat, Cambodia,
in May
Trevor Todd and
The Scrivener
at the Hoa Lo
Prison (The
Hanoi Hilton)
in Vietnam
where captured
US pilots,
including
John McCain,
were kept
as prisoners
of war. John’s flight suit is in the glass
case behind Trevor.
UBC Real Estate Division
Professional Development Courses
www.realestate.ubc.ca
Today’s successful real estate professional is creative, analytical, adaptable, and committed to lifelong
learning. The Real Estate Division at UBC’s Sauder School of Business offers a series of short online
professional development courses aimed at real estate practitioners’ continuing education needs.
All UBC Real Estate Division continuing professional development (CPD) courses are offered through
distance education in self-study format or as a live online webinar. Completion of a CPD course will earn
you a UBC award of completion. To find out how these courses can also earn you continuing professional
development credits, visit www.realestate.ubc.ca/cpd.
Topics offered include:
•
•
•
•
•
•
•
•
Valuing Green Properties: Residential and Commercial
Financial Reporting: Real Property Appraisal and IFRS
Requests for Proposals (RFPs) – Winning Strategies
Exposure & Marketing Time: Valuation Impacts
Adjustment Support in the Direct Comparison Approach
Residential Appraisal Basics / Commercial Appraisal Basics
Valuation of Property Impairments and Contamination
Speciality Valuation: Agricultural, Multi-Family, Business
Enterprise, Submerged Land, Hotel, Office, Seniors Facilities,
Machinery and Equipment Valuation
To find out more, visit www.realestate.ubc.ca/cpd
Contact Us
Toll-free: 1.877.775.7733
Fax: 604.822.1900
Email: [email protected]
Web: www.realestate.ubc.ca
THE UNIVERSITY OF BRITISH COLUMBIA
•
•
•
•
•
•
•
Creative Critical Thinking
Decision Analysis
Highest and Best Use Analysis
Appraisal Review
Lease Analysis
Urban Infrastructure
Expropriation Valuation

INSIDE: Stratas

Transcription

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