Summer 2013 Volume 22 • Number 2 - BC Notaries Summer 13-online.pdfJohn Eastwood Batman is Right!...

Summer 2013 Volume 22 • Number 2

Published Quarterly by The Society of Notaries Public of British Columbia

Publications Mail Agreement: 40010827

Scott Ullrich, Strata Management INSIDE: Stratas

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P u b l i s h e d b y T h e s o c i e T y o f N o T a r i e s P u b l i c o f b c

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COVER STORY

Education First! 42

Strata Property Law and Law Reform 33Jim Emmerton, Kevin Zakreski

Demystifying the Depreciation Report 35Gina Ironmonger

Depreciation Reports Mandatory for Commercial Strata Property 38Allan Beatty

Strata Living Downtown Style 40David Watts

A Day in the Life of Super Strata Managers! 45

FEATURESThe World Organisation of Notaries 6THE CEO/SECRETARY OF THE SOCIETYHistory in the Making 7Wayne Braid

KEYNOTEStratification 8Val Wilson

THE PRESIDENT OF THE SOCIETYStrata Properties: Know What You Are Buying 9John Eastwood

STRATA 101.1What is Strata? 10Ian Callaway

STRATA 101.2Who Controls the Strata? 13Ian Callaway

STRATA 101.3Voting: 2 + 2 = 4? Not Always 15Ian Callaway

STRATA 101.4Understanding Fees and Expenditures 17Ian Callaway

STRATA 101.5Strata Property Insurance 19Ian Callaway

STRATA 101.6Property Appearance, Use, and Responsibility 20Ian Callaway

STRATA 101.7Bylaw Issues 21Ian Callaway

STRATA 101.8Checks and Balances to Delegated Authority: An Antidote to Apathy 23Ian Callaway

STRATA 101.9Communications 27Ian Callaway

An Insurance Adjuster’s Point of View 28Cindi Marsden

Civil Resolution Tribunal Act 29Tony Gioventu, Executive Director of CHOA BC

So You Want to Buy a Strata 30Tazmeen Woodall

Buying into a Strata Corporation 32Margaret Rankin

The Scrivener: What’s in a Name? 5

What Does it Take to Become a BC Notary Public 26

Spring Conference 2013 46Marny Morin

25-Year Club 48

The BC Notary Class of 2013 49

New Notaries: You’ve Done It! 50John Eastwood

Batman is Right! 51Aatif Nanji

Teaching Applied Legal Studies 601 52Neil Boyd

A Student’s Perspective 53Jacqueline Tait

Award Winners 2013 54MEET THE BOARD OF DIRECTORSPhilip Kanigan 55

BC Notaries Speak Your Language 71

Services a BC Notary Can Provide 74

4 The Society of Notaries Public of British Columbia Volume 22 Number 2 Summer 2013

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CANADA PoST: PUBlICATIoNS MAIl AgREEMENT No. 40010827

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RETURN UNDElIVERABlE CANADIAN ADDRESSES To CIRCUlATIoN DEPT.:

THE SOCIETY OF NOTARIES PUBLIC OF BC SUITE 1220 – 625 HOWE STREET BOx 44 VANCOUVER, BC V6C [email protected]

The ScrivenerTelephone: 604 985-9250 email: [email protected] Website: www.notaries.bc.ca/scrivener

To send photographs to The Scrivener, please see the Editor's column on page 65.

All rights reserved. Contents may not be reprinted or reproduced without written permission from the publisher. This journal is a forum for discussion, not a medium of official pronouncement. The Society does not, in any sense, endorse or accept responsibility for opinions expressed by contributors.

The Society of Notaries Public of BC 604 681-4516

The Board of Governors 60Published by The Society of Notaries Public of British Columbia

Editor-in-Chief Val Wilson

Legal Editors Wayne Braid, Ken Sherk

Magazine Filip de Sagher, Chair Committee Kate Manvell Zoë Stevens Marny Morin, Staff liaison

Administration Amber Rooke

Courier lightspeed Courier & logistics

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 MiXTHE MATURE MARKETNew Awareness, on Both Sides of the Sale 61Rhonda Latreille

TRAVEL IN BCHooked on Whitewater 62Bernie Fandrich

C.O.V.E. 63PERSONAL PLANNINGNotaries Help Families Give Back 64Diane Haarstad

Editor’s 65LAW IN BCA Brief Guide to the Small Claims Court 66Quang Duong

COURTSIDEThe Vexatious Litigant 68Trevor Todd, Judith Milliken, QC

LETTERS 71TAXESDeath and Taxes: Here to Stay 72Andrea Agnoloni

ALLIED PROFESSIONALSASTTBC 74ORIGINAL RECIPEHomemade and Healthy Dog Food 75

BUSINESS 75TECHNOLOGYTech/Eco-Run 76Akash Sablok

HONOURS & EVENTSPEOPLE 78

Where in the World Has The Scrivener Been? 78

Volume 22 Number 2 Summer 2013 The Scrivener 5

Building Better Communities, one grant at a time

mailto:[email protected]


www.notaries.bc.ca/scrivener

In 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 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 World organisation of NotariesW.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.

PURPOSETO 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

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


Wayne Braid

THE CEO/SECrETary Of THE SOCIETy

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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

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

History in the Making

The Notary plays a significant part

in cross-border transactions.

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



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.

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

KEyNOTE

Val Wilson

This 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. Conference.

“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

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.

Stratification

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.

Tammy Morin Nakashima

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John Eastwood

THE PrESIDENT Of THE SOCIETy

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Strata Properties: Know What you Are Buying

As 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 mini-governments” 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)

• 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.

The History of the Strata BuildingBuyers 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

strata property is invaluable in the purchase process and will ensure that buyers receive the information required to make informed decisions.

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 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


www.TheBigPictureStudio.com

Not 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)

• 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

…this translates to over 1,550,000 BC residents living

in residential stratas…

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)

STRATA 101.1

What is Strata?

Ian Callaway

STraTa fEaTUrES


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)

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.

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. GovernanceIn addition to myriad federal, provincial, and municipal statutes,

The Act prescribes a universal strata corporation set of Standard Bylaws…

4. FinanciallyUnit 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)


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

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

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)

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What Do Owners Control?

Each strata lot exists within an interdependent 5-pillar maze: Physical,

co-ownership, time, financial, and governance.

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,

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)

Who Runs the Strata Corporation?Delegating Authority to CouncilIn the most practical terms, each strata corporation’s core decision-making 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)

Sometimes there are Special General Meetings (SGM) to address one or more resolutions concerning the strata. (§§ 42, 43, 45)

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)

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 court-appointed 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. (§§ 25, 28, 53, 54, 55, 56, 57, 58)

The Act makes no provision for nominations, disclosure, campaigning,

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

In the most practical terms, each strata corporation’s

core decision-making occurs at its requisite AGM

of owners.

STRATA 101.2

Who Controls the Strata?

Ian Callaway

STraTa fEaTUrES


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 FirmsMany 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.”

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

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

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In the event an eligible owner is unable or unwilling to attend a general meeting,

the Act permits a proxy.

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. (§§ 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.” (§§ 40, 42, 43, 48)

• If the 1⁄3 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. (§ 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.

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)

STRATA 101.3

Voting: 2 + 2 = 4? Not Always

Ian Callaway

STraTa fEaTUrES

Basically, any person can be a proxy as long

as the appointment is in writing and signed by the eligible owner.

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

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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 eligible-voter 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

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Strata finances seem to catch everyone’s attention and concern—

monthly fees and special levies. (§§ 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

• 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 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)

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

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)

STRATA 101.4

Understanding Fees and Expenditures

Ian Callaway

STraTa fEaTUrES


• Tracking 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 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

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In 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.

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)

Owner’s Property Insurance

Other than as may be required by a mortgagee, there is no requirement for an owner to obtain and maintain insurance against the following.

• Perils not insured by the strata

• Amounts in excess of the strata’s insurance

• Noninsured fixtures

• Improvements 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

…the strata corporation must obtain and

maintain full replacement-value insurance against

major perils

• Dishwashers • Dryers • 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. (§§ 1, 2, 149, 152 ) (Reg. 9.1)

STRATA 101.5

Strata Property Insurance

Ian Callaway

STraTa fEaTUrES


In 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

• 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

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 home-improvement 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.

STRATA 101.6

Property Appearance, Use, and Responsibility

Ian Callaway

STraTa fEaTUrES

…a strata corporation’s bylaws may well dictate…what can, or

cannot, be done…


The 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. (§ 121) (Reg. 8.1)

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)

3. RentalsUnlike 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. (§§ 141, 142, 143)

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)

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 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

One of the more challenging bylaws relates to owners’

animal companions.

2. PetsOne 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)

STRATA 101.7

Bylaw Issues

Ian Callaway

STraTa fEaTUrES


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)

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

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.


The 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 MeetingsIn 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

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

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.

Owners have 13 avenues to review or impact the way their…strata corporation…

is performing…

STRATA 101.8

Checks and Balances to Delegated Authority: An Antidote to Apathy

Ian Callaway

STraTa fEaTUrES


• 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)

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.

4. Strata Corporation Records 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

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 dispute-resolution 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 RequestsAs 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)

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)

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.

(§ 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

The first element of effective minutes is to describe

accurately the issue under consideration.

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)

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!


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. ArbitrationAn 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)

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.

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)

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.”


12. Legal Remedy: Supreme CourtIn 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 necessary orders. (§ 165)

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 AdministratorWhether 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

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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 CommunicationsA 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)

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 PeopleA 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.

• 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]

STRATA 101.9Communications

Ian Callaway

STraTa fEaTUrES



The 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.

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 #1The 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 #2Damages 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.

When a loss occurs in a strata complex,

a number of insurance policies may come into play to respond to the damages.

STRATA ClAIMS:

An Insurance Adjuster’s Point of View

Cindi Marsden

STraTa fEaTUrES


Myth #3

Losses originating from nonoriginal fixtures are not covered by the strata’s insurance.

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

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.

False . . . and True: 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.

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.

Telephone: 778 372-6148 ©iS

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Civil Resolution Tribunal Act

Tony Gioventu, Executive Director of CHOA BC

(Condominium Home Owners Association)

In 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 well-being 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


There 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

• Carefree and easy living

• Usually centrally located

The Cons • Bylaws could restrict your use and

enjoyment of your home

• Large undisclosed assessments/repairs

• Close proximity to neighbours (lack of privacy)

When you are buying a strata home, I recommend the following to you. • 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

disclosure of the complex/building and the individual suite.

Form B confirms

- 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.

The seller is required (if he or she lives in the property)

to provide a disclosure…

So you Want to Buy a Strata

Tazmeen Woodall

STraTa fEaTUrES

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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.

• You’ll also want to review the Form B—the property manager’s


iStockphoto.com/zxcynosure

• 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.

• Ask if a Depreciation Report has been approved or conducted and review it.

• 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

- 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

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Tazmeen 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

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

• any unpaid strata corporation fees owing by the seller are fully paid upon the completion of the transaction.

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.

5. If you are using mortgage monies from a financial institution

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

• you as the “Registered Owner” on title to the property, set out the way you instructed your legal representative to do it;

• any charges registered against the property, being those nonfinancial charges that will remain on the title you are purchasing; and

• 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]

To protect your legal interest…review them carefully…

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.

Buying into a Strata Corporation

Margaret Rankin

fEaTUrE


In 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

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.

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

The importance of keeping British Columbia’s

strata property law updated cannot be overstated.

changes such as dissolution of strata corporations in future.

A recent court case gives 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.

Strata Property law and law Reform

Jim Emmerton Kevin Zakreski

STraTa fEaTUrES


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 [email protected] Zakreski is Project Manager, Strata Property law: Phase Two.

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Depreciation 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

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?

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

The new regulations will have an enormous impact

on how strata properties are bought and sold.

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.

STRATA CoRPoRATIoNS

Demystifying the Depreciation Report

Gina Ironmonger

STraTa fEaTUrES


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.)

• 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

• the cost of major repairs and replacements of each of the common assets based on current costs.

The financial forecasting section includes

• a projection of the maintenance, repair, and replacement costs for the next 30 years, and

• the current balance and contributions of the contingency

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

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)

• Certified Reserve Fund Planners

• Architects

• Registered Engineering Technicians

• Professional Engineers

• Professional Quantity Surveyors

• Architectural Technologists

• Registered Building Technologists

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.

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.


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.

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

Call us for real estate advice and service you can trust.

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Judi Whyte RI

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Robbi-Layne Robertson

Cell: [email protected]


The 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.

• 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 • For commercial strata

developments, it is also necessary to carefully delineate

Depreciation Reports Mandatory for Commercial

Strata Property

Allan Beatty

STraTa fEaTUrES

The BC Provincial Government* requires all British

Columbia strata properties over five units to complete

a Depreciation Report by December 2013.


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 mixed-

use 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.

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.

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

* 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.

[email protected]

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About 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.

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.

Benefits and Challenges • 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

After 5 pm, it’s very much like any other community…

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-to-10-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.

Strata livingDowntown Style

David Watts

STraTa fEaTUrES

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landscaping or exterior window-washing. 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

David Watts is a BC Notary living and working in downtown Vancouver.

Telephone: 604 685-7786 [email protected] www.davidnotary.com @davidnotary

Many of my clients are Executors, Notaries, and Lawyers who come to me from all over BC and Canada. I help my clients understand and navigate through the complexities surrounding death and taxes.

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You’ve always been there for others. You can continue to give beyond your lifetime.

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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.

Education First!

COVEr STOry:STraTaS

Scott Ullrich in Conversation with Val Wilson

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.

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.

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

The design and layout of Arbutus Gardens were

very attractive…




• 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.

The Scrivener: How much of your business is focused on strata management?

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.

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.

The Scrivener: What are the biggest challenges for strata managers?

SCOTT: Being a strata manager means you have a diverse knowledge of several disciplines.

• Strata managers prepare budgets and review financial statements,

We currently manage in excess of 18,000 condominium units

in over 225 buildings.

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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-and-mortar 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

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.

The Scrivener: Who are your clients?

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.


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.

• 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.

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

One major challenge for the strata manager is time management.

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.

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.

Trish FedewichNorman WittEl 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


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

A Day in the life of

Super Strata Managers!©

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Margot R. Rutherford*

Notary PublicA 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]

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• 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


BC NOTarIES

The 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. They 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.

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

• Family Gifts and Lending by Notary Marny Morin.

In addition, representatives of FINTRAC and Canada Revenue Agency discussed the federal reporting and record-keeping requirements

and the transition from HST to GST with respect to the purchase of new housing.

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.

Notary George Tanco was the Early Bird Winner of two Canucks hockey tickets! s

Spring Conference 2013Marny Morin

Todd McKendrick

Michael Tammen

Randy Cobbett

Ron Usher

Marny Morin

Akash Sablok

Ozzy Abdel-Ati

Amanda Magee

George Tanco


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BC NOTarIES

The 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 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.

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.

Wayne Braid

25-year Clubon April 12, the beginning of the Spring Conference weekend, The Society hosted a special dinner celebration for the 25-year Club.

To see all the images: http://wildmanphotography.zenfolio.

com/f124715951 Password: Grad2013 (capital G)

The BC Notary Class of 2013


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1. Lauren Nicole Stone 2. Mandeep Grewal 3. Aatif Nanji 4. Jennifer Lee Ostle 5. Adele Tagirova 6. Morgen Jena Holt 7. Wayne Braid 8. Jacqueline Michelle Sweet 9. Nicole Lindsay MacDonald

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

The BC Notary Class of 2013


BC NOTarIES

Many 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.

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.

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.

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

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.”

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.

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

MAy 2, 2013

New Notaries: you’ve Done It!

John Eastwood

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www.TheBigPictureStudio.com

BC NOTarIES

Many 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.

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]

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

Batman is Right!

Aatif Nanji


It 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

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.

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 first-term 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

BC NOTarIES

Teaching Applied legal Studies 601

Neil Boyd

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 the MA ALS program.

Dr. robert Gordon

Special Note


Special Note

My 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.

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.

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 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 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.

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.

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

Jacqueline Tait

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.

Much of the program is seamlessly delivered through Blackboard Collaborate, a live online classroom. This amazing, award-winning

BC NoTARy EDUCATIoN

A Student’s Perspective

I feel privileged to have been part of a program

delivered by so many high-calibre instructors.

BC NOTarIES

Tony Wilson


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Award Winners 2013

Professor Robert Reid AwardHighest mark on the Property

Examination

Presenter: Bob Reid Winner: Jacqueline Tait

Simon Fraser University Award Highest mark in the Master of Arts in Applied Legal Studies Program:

MA ALS

Presenter: Dr. Robert Gordon Winner: Jacqueline Tait

BDO Dunwoody Award Most consistent performance in all aspects of the Notary Preparatory

Course and Examinations

Presenter: Don de Jersey Winner: Jacqueline Sweet

27th Annual Bernard W. Hoeter AwardHighest marks on the Notarial Statutory

Examinations

Presenter: Tessa Marks Winner: Jacqueline Tait

Stanley J. Nicol AwardHighest marks on the Notarial

Procedures Examinations

Presenter: Filip de Sagher Winner: Jacqueline Tait

Todd A. McKendrick AwardHighest mark on the Conveyance

Practice Examination

Presenter: Todd McKendrick Winner: Jacqueline Tait

The Notary Group AwardHighest mark on the Wills and Trusts

Examination

Presenter: Tim Janzen Winner: Jacqueline Tait

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BC NOTarIES


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.

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 HistoryStarting 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.

BC NOTarIES

MEET THE BoARD oF DIRECToRS:

Philip Kanigan

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.

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.


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).

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.

Prior to the construction of the Hugh Keenleyside Dam in the early

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.

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.”

My father’s side of the family lived

in the communal lifestyle until it disappeared…

Doukhobor Village Museum, a reconstruction of traditional Doukhobor Communal Village in Ootischenia across from the Castlegar Airport

Castlegar to the left, Columbia River in centre, Ootischenia and West Kootenay Regional Airport (Castlegar Airport) to right

Brilliant Hydro Electric Dam on the Kootenay River, one of many hydro-electric dams in the area

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 non-Russian 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.

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.

He owned a 250-acre farm on the shores of the Slocan River and raised dairy cows, beef cattle, chickens,

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.

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.

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.

My first language was Russian. Although I was exposed to the Doukhobor religion and way of life,

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.”


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.”

Front of my office, with my very capable and competent staff Lynne, Gwenn, and Cara

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.

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 first-time 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

I purchased Linda Avis’s Notary practice and she stayed on as a Roving Notary for about a year.

Pulp Mill (Zeltsoff-Celgar) and Sawmill (Interfor), just North of Castlegar, one of the major employers in Castlegar

A recent day at my office


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 ServiceMy 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.

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

Our dogs Echo and Kodiak

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

When time permits we just sit in our backyard and

enjoy the peacefulness and serenity of the surroundings.

Estate planning is becoming a larger and larger part

of my practice.

Leave a Legacy in your WiLLBy remembering Variety - The Children’s Charity in your will, you can help children who have special needs in the province. Your generosity will provide hope, enrich lives, and build a better future for children like Xander.

Call (604) 320-0505 or Toll-free 1(800) 381-2040or visit our website at www.variety.bc.ca/legacy

For more inFormation onhoW to Leave a Legacy:

Leave a Legacy in Your Will

By remembering Variety – The Children’s Charity in your will, you can help children who have special needs in the province.

Your generosity will provide hope, enrich lives, and build a better future for children like Xander.

For more info . . .Call (604) 320-0505

Toll-free 1 (800) 381-2040Visit our website at

www.variety.bc.ca/legacy.


Funds earned to date from BC Notaries’ Trust Accounts.

$41,504,530

24 MILLION

30 MILLION

18 MILLION

12 MILLION

6 MILLION

as at May 31, 2013

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

Susan Davis

Akash Sablok

John eastwood

Ken Sherk

Tammy Morin

nakashima

Lisa nakamura

Leta Best

David Moore

Susan Davis, ChairKen SherkJohn EastwoodAkash SablokRhoda Witherly

Tammy Morin NakashimaDavid MooreLeta BestLisa NakamuraFilip de Sagher

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.

The Current Governors

G. W. (Wayne) Braid, Executive Officer of the Notary Foundation, is responsible for the administration of the office and staff, and the diverse investment funds of the Foundation.

The Board of Governors meets quarterly to consider applications 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.

Wayne Braid

rhoda Witherly

Filip de Sagher

Building Better Communities, one grant at a time


In 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 AwarenessAs 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.

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]

Rhonda Latreille

New Awareness, on Both Sides of the Sale

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 MaTUrE MarKET The MiX


www.AgeFriendlyBusiness.com


The 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.

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

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.

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 dory-like 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

Bernie Fandrich

Life-Changing RunIn 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.

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.

Hooked on Whitewater

TraVEL IN BC

Fall colours along the Thompson

First descent of the Devil’s Gorge in 1973

All photos courtesy of Kumsheen Rafting Resort

First trip on the Thompson in 1973


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.

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.

• 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.

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.”

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

Osprey soaring above a raft

Stunning scenery along the river

Kayaker running a huge wave caused by a large rock


Supporting 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

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.

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,

Diane Haarstad

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

Notaries Help Families give Back

“The caregivers were so supportive, I don’t

remember being scared.

PErSONaL PLaNNING

Tracy, Ben, and Dan Ryper today

Ben at 1 week


Ben became the first premature infant to use the magnetic resonance imaging (MRI) neonatal transport incubator at Children’s Hospital.

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.

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.

Personal Planning UpdateThe 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.”

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

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 undergoing his first Magnetic Resonance Imaging session

Magnetic Resonance Imaging Unit

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.

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.

By supporting their clients’ philanthropic wishes, BC Notaries play a vital role in safeguarding the health of future generations. s

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

Editor’s

Deadline for Advertising Space: September 3

[email protected]: 604 985-9250 www.notaries.bc.ca/scrivener

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.

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

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



www.notaries.bc.ca/scrivener

www.graffiki.ca



http://www.notaries.bc.ca/scrivener

What is Small Claims Court?

Small 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 CourtIn 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.

In BC Supreme Court • 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 Resources1. CLE BC (Continuing Legal Education)

Provincial Court Small Claims Handbook This comprehensive guide to the Small Claims Court 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 This website provides general information about handling your own Small Claims Court case. It includes instructional videos and links to procedural guides and forms.

Since the court process in Small Claims Court varies 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.

Quang Duong

A Brief guide to the Small Claims Court

Law IN BC


3. Ministry of Justice Small Claims Court Website

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.

4. Provincial Court of British Columbia Website

This is the official website for the 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

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.

MacKenzie Fujisawa LLP 1600 – 1095 West Pender Street Vancouver, BC V6E 2M6

Telephone: 604 689-3281 [email protected] www.mackenziefujisawa.com

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www.bcchf.ca

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]

Your client can create a lasting legacy of love for all of BC’s childrenWhen 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.

Small Patients Great Needs

Discovery needs willing partners.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.

Please be sure to use the full legal name of our organization: BC Cancer FoundationRegistration Number: 11881 8434 RR0001

For more information, please contact Isabela Zabava, LL.B at 604.877.6040 or [email protected]

Help create a better future for everyone touched by cancer.



Vexatious 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.

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

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.

The Vexatious litigant

Vexatious litigants abuse the court process, often

with a complete disregard for court orders, while paradoxically seeking

their own court orders.

COUrTSIDE

Trevor Todd

Judith Milliken, QC


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

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.

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.

THE BEST ADVICE YOU CAN GIVEIS TO HELP YOUR CLIENTS GIVE WISELY.

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Learn more about how to connect people who care with causes that matter.

Call Sara Neely at 250.381.5532 or email [email protected] www.victoriafoundation.bc.ca

VICFO_7363_VF098.indd 1 12-06-18 2:44 PM


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.

ConclusionThe ability to curb abusive litigation must be balanced against a citizen’s right to legitimate access to the courts.

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)

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]

The ability to curb abusive litigation

must be balanced against a citizen’s right to legitimate

access to the courts.

1-877-272-8086 www.CPCAcanada.com

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LETTErS LETTErS LETTErSLETTErS

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, llBEditor/legal Writer LawNow MagazineEdmonton, Alberta

Ed. Note: Permission Granted!

I am a retired educator and the current secretary of a strata council.

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 VenRetired 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 HydeBritish Columbia Historical Federation

We love to Hear From you! [email protected]

BC Notaries Speak

your languageBC Notaries around the province offer many noncontentious legal services (see page 74) in an impressive variety of languages.

EnglishArabicBulgarianCantoneseCroatian DutchFarsiFilipinoFlemishFookienFrenchGermanGujarati Hindi ItalianJapaneseKoreanMalaysianMandarinPersianPolishPortuguesePunjabiRomanianRussianSerbianShanghaiese SpanishSwahiliSwatowSwissSwiss GermanTagalogTaiwaneseTamilTaoshanTeleguUrduVietnamese

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Early 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.

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.

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.

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.

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

Andrea Agnoloni

Death and Taxes: Here to Stay

I was overwhelmed to learn the amount of work and

responsibilities an executor must undertake…

TaxES

• The executor must advise the beneficiaries of any “taxable” amounts of money or other benefits they will be receiving from the estate.

• 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.

• 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,

• all probate documents, and

• a statement showing a list of assets (with market values) owned by the deceased at time of death.


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.

Typically, the most common assets transferred at death are the family home, real estate investments, portfolio investments, registered retirement instruments, and personal possessions.

Family HomeThe gain on the value of the family home will qualify for the principal-residence exemption. Assuming no other property has been designated as a principal residence, no income tax will be payable on the home.

InvestmentsInvestments in GIC or T-bills do not appreciate in value and can be transferred to a beneficiary without tax consequences.

• 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.

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.

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.

The rule of the deemed disposition at fair market value at the time of death gives rise to a basic estate-planning strategy.

If there are assets to be distributed to the surviving spouse and to other beneficiaries, consider

• 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.

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 PlansWhen 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.

Registered Retirement Savings PlansIf 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.

• 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.

• 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.”

Any income earned after death is taxable to either the

estate or the beneficiary.

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Charitable DonationsThe 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 ExpensesThe 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 LossesGenerally 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 carry-forwards 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]

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.

Executive Director John leech is pleased to announce the names of the highly qualified officers approved

at the 54th 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

John Leech

aLLIED PrOfESSIONaLS

ASTTBC



www.notaries.bc.ca

My son’s Beagle has pancreatitis and must eat a very low-fat diet. Absolutely no kibble for Molly!

Buying low-fat foods for dogs is expensive so I started making her food.

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.

I make the recipe every 2 or 3 weeks on a rainy day while doing other things around the house.

Ingredients

2 full chicken breasts1 large (2 small) sweet potatoes or yams (or one of each), cut in chunks 3 or 4 carrots, cut in chunks1-½ cups cooked brown rice2 scoops veterinarian-recommended mineral supplementyou can add or substitute veggies if you (or your dog) prefer—zucchini, peas, and so on. • In a stock pot, cover and simmer chicken breasts

and vegetable chunks for 50 minutes. Reserve 2 cups of the broth.

• 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.

Fill canning jars or Tupperware containers with mixture.

To moisten mixture, pour a little of the reserved chicken stock into each container.

Store in fridge up to 3 days or freeze.

Cost: Approximately $12

This recipe is enough to feed our Molly for about 10 days s

Marny Morin

OrIGINaL rECIPE

Homemade and Healthy

Dog FooD

BusINess

Real Estate Documents ✧ Subdivisions ✧ Transfers ✧ MortgagesLeases ✧ Liens ✧ Powers of Attorney ✧ Wills & Affidavits

ROY CAMMACK, M.B.A., C.S.A. #106 - 1656 Martin DriveNOTARY PUBLIC (1982) Surrey, British ColumbiaTelephone: (604) 536-7288 Canada V4A 6E7Fax: (604) 538-4477 e-mail: [email protected] Appreciated Website: www.cammack.ca

NOTARIES PUBLIC

“Knowledgeable & Capable”

TAMMY MORIN NAKASHIMANotary Public

Phone:

Fax:Email:

604 275 0070604 275 [email protected]

#209-3740 Chatham StreetRichmond BC V7E 2Z3

James L. RobinsonNOTARY PUBLIC

T: 604.931.1202 F: 604.931.1206 E: [email protected]

Suite 240 – 1140 Austin Ave., Coquitlam, BC V3K 3P5

Westcoast Surveys Ltd. Registered member of ASTT of BC

Site surveys for Mortgage Purposes

Don ProkopetzAScT, RSIS

Tel 604 543-8665 Fax 604 543-8610


Akash Sablok

Tech/Eco-Run

TECHNOLOGy

Let There Be Light; Let There Be Green

When 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

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

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 gas- and 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.


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 Eco-Run 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.

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 [email protected]

Let There Be Light, Powered by the SunThe 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

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

www.notaries.bc.ca

[email protected]

604 985-9250

Quarterly Press Run: 13,000

Fall Advertising Deadline: Sept. 3



PEoPlEHONOUrS & EVENTS

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

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.

Richmond Notary Stephen Chong and Marina Yip at Angkor Wat, Cambodia, in May

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 contemporary-

style Chinese dance choreographed to a famous Chinese poem, won the Bronze Medal for Excellence.

http://youtu.be/eUQuKUIj4Iw

Tony and Mary Jane Wilson on The Great Wall of China!

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.

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.

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.

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!

Where in the World Has The Scrivener

Been?

Be in the Magazine! Send your news and

a photo to The Scrivener. [email protected]



Contact Us Toll-free: 1.877.775.7733 Email: [email protected] Fax: 604.822.1900 Web: www.realestate.ubc.ca

UBC Real Estate Division

Professional Development Courses www.realestate.ubc.ca

THE UNIVERSITY OF BRITISH COLUMBIA

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

• Creative Critical Thinking

• Decision Analysis

• Highest and Best Use Analysis

• Appraisal Review

• Lease Analysis

• Urban Infrastructure

• Expropriation Valuation

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.

To find out more, visit www.realestate.ubc.ca/cpd

Summer 2013 Volume 22 • Number 2 - BC Notaries Summer 13-online.pdfJohn Eastwood Batman is Right!...

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Transcript of Summer 2013 Volume 22 • Number 2 - BC Notaries Summer 13-online.pdfJohn Eastwood Batman is Right!...