Winter 2011 Volume 20 • Number 4 - BC Notaries · Winter 2011 Volume 20 • Number 4 ... John...

Winter 2011 Volume 20 • Number 4

Published Quarterly by The Society of Notaries Public of British Columbia

BC Notaries Michael Kravetz and Harman Virk

Publications Mail Agreement: 40010827

INSIDE: Customer Service Excellence!

www.invis.ca

Teamwork!Creating More through Collaboration

As the Number One mortgage broker team with Invis in Canada, we are true team-players.

We value our collaboration with BC Notaries and lawyers. We know that working with dedicated professionals throughout the financing process is what creates a great customer experience.

No one wants a mortgage! Clients want a home and peace of mind in uncertain times. Invis-Team Rob Regan-Pollock will create the mortgage plan that’s right for your clients.

Let our “strength in numbers” take your clients home!

Those are the characteristics of a BC Notary Public. There are business opportunities for Notaries in various communities throughout British Columbia.

• Strong entrepreneurial and people skills• The highest degree of honesty and integrity• University degree and 5 years’ related experience

• Fluency in English; other languages an asset• Financial backing• Dedication to serving the public

What Does it Take to Become a BC Notary Public?

As a BC Notary, you will have the opportunity to enjoy a rewarding career as an independent businessperson who serves the public, and sets the example of integrity and trust for which Notaries are known throughout the world.

If you have the qualities noted above, and are looking for a new career path, consider our Master of Arts in Applied Legal Studies (MAALS) program for BC Notaries, conducted through Simon Fraser University.

For more information, please contact The Society of Notaries Public of British Columbia 1-800-663-0343 or visit our Website www.notaries.bc.ca.

BC Notaries Are Respected in Their Communities.

COVER STORY

Customer Service Excellence: Empathy is the Essence 32

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

THE PRESIDENT Of THE SOCIETYCustomer Service: There’s Nothing to it 6John Eastwood

THE CEO/SECRETARY Of THE SOCIETYThe Customer is Always Right. Right? 7Wayne Braid

KEYNOTE6 Timely Tips for Customer Service Excellence! 8Val Wilson

Vested Interest, Consequence, and Empathy 9Nigel Atkin

The 10 Commandments of Customer Service 12 Greg Litwin

Are You Storyable? 14Rhonda Latreille

LAND SuRvEYORS Of BCQuality Service by a Professional 16Chuck Salmon

Providing Value Over Price, and Other Customer Service Gems 18Rob Regan-Pollock

Donors Need Customer Care, Too 20Pauline Buck

Assessing a Person’s Potential for Customer Service Excellence 22Greg Dixon

The Personal Touch 24Nancy Schick Skinner

Crime Prevention through Excellent Employees and Service 26Ozzie Kaban

Building The Great Customer Service Experience 28Paula Siemens

Selling Yourself 30Filip de Sagher

What Does it Take to Become a BC Notary Public? 3

The Scrivener: What’s in a Name? 4PROfILE Of A BC NOTARY Kate Manvell: West Vancouver Grab the Brass Ring! 37

The Wonder of West Vancouver! 40Simon Manvell

The Directors of the Society of Notaries Public of BC 2011 – 2012 42

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.

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WOW! What an Achievement! 25 Years and 40 Million Dollars! 44

The Board of Governors of the Notary Foundation of BC 46

Letters to G. W. (Wayne) Braid, Executive Officer of the Notary Foundation 47Vanessa Noga

Mediate BC Society: Prevent, Manage, and Resolve Disputes with Practical, Accessible, and Affordable Choices 48Kari Boyle

Building Better Communities, one grant at a time

4 The Society of Notaries Public of British Columbia Volume 20 Number 4 Winter 2011

CaNada PoST: PuBliCaTioNS mail agreemeNT No. 40010827

Postage Paid at Vancouver, BC

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 ScrivenerVoice: 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 36.

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

Services a BC Notary Can Provide 8

Editor’s 36

BuSINESS TO BuSINESS 43 and 63fORENSIC fESTIvITIESDebating The Laws of Champerty and Maintenance* 51Jim Emmerton

REAL ESTATE fOuNDATION Of BCThe 2011 Land Awards 52Jack Wong

Appraisal Institute of Canada 54

LETTERS 55TRAvELThe unity of Diversity 56Leona Bailey Reimer

ANOTHER WORLDGreat Day at the Office 57Greg Workman

SENIORShelping Seniors and The Sandwich Generation: Focus on Kelowna 60Jo-Ann Keith

THE POWER Of ATTORNEY IN BCAdvising the Attorney under the New Legislation 62Laurie Salvador

WILLSWills in British Columbia 64Rick Evans

Not-So-Secret Codes 65WILLS & ESTATESGold Diggers 66Trevor Todd, Judith Milliken, QC

STRATEGIEShow to Turn a Challenge into a Brilliant Solution 68Carla Rieger

TAXESJoint Tenancy: Tips And Traps 70Andrea Agnoloni

PRIvATE RECIPERed Thai Curry and Coconut Chicken 72CELEBRATIONThe Diamond Jubilee of Queen Elizabeth II 73The Honourable Steven Point, OBC

INvESTINGCan You Survive A Double-Dip Recession? 74Netty Vogels

TECHNOLOGYOutstanding VOIP, Mice, 3D, and Sound! 76Akash Sablok

HONOuRS & EvENTSPeople 78Where in the World has The Scrivener Been? 78

Published by The Society of Notaries Public of British Columbia

Editor-in-Chief Val Wilson

Legal Editors Wayne Braid, Ken Sherk

PR and Magazine Susan Tong, Chair Committee Filip de Sagher, Vice Chair david Watts laurie Salvador Kate manvell

Distribution amber rooke

The MiX

Volume 20 Number 4 Winter 2011 The Scrivener 5

John Eastwood

THE PRESIDENT Of THE SOCIETY

To make my point, i’ll relate a short story

Way back in the days when we dictated correspondence and documents, about once a year I would receive a letter from a well-known dictation equipment-sales organization.

Their missive would promote their products and always end with the statement that the writer would call for an appointment to demonstrate the products. I expect it was part of that company’s training program and it seemed that every one of their new salespeople included me in their first letter.

I never received a call.

If they only knew what an effect that had on me. Initially, I didn’t take note of the letter and lack of follow-up; then, as I received subsequent letters, I kept score—0—no calls.

I remember feeling that perhaps I should phone and ask why they never phoned me.

That experience influenced my philosophy in business and motivated me to develop my own standard of service. It is summarized in only two short phrases.

• Justbeabitbetterthantheothers.

• Dowhatyousayyouwilldo.

That’s it!

Have you ever been told, “I’ll do that and get right back to you”? Didyouhonestlyexpectthepersonwould? Probably not. In our world, we have learned to accept poor customer service as the norm.

That’s the point. Excellent customer service—making a great impression on your clientele—is the result of just being a little better than your competitor. In your practice or your business, if you need to “get back,” tell that client or customer what you will do, when you will do it, and then just do it. Tell the client what he or she can expect of you and simply live up to your commitment.

That was on Saturday night. At the exact time she was booking, the staff at the vacation rental agency noticed a typo in the online room rate and corrected it.

They attempted to contact us, but had received an incorrect email address.

• OnMonday,theyleftamessageat our home phone, tracked down our office phone number, called, obtained our correct email address, and contacted us to advise about the incorrect room rate quote.

• Untiltheywereabletocontactme, they had put a hold on the suite and also on a lower-priced unit down the road, to be sure I had choices in my price range.

• Onreceiptoftheiremail,I confirmed the original unit at the corrected rental rate and received immediate confirmation.

Now that’s customer service! I would not have expected that much effort to locate us.

It’s the start of a brand new year. Let’s take the time to look at the people who have provided excellent service and those who have made a less-than-favourable impression. What did they do—or not do?

Decideonyourownstandardof service and just do it! s

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Decide on your own standard of service and just do it!

And be realistic in the timeline you set for yourself; it’s better to be ahead of schedule than behind. By doing so, you will exceed expectations and make a lasting positive impression.

Another story . . .

As I was writing this column on the weekend, I was trying to find accommodationforourholidayinMaui.Ourfriendwasassistingme.SinceI had left it rather late, little space was available, but she found a suite in a building she knew and liked; she went ahead and made our reservation for us, including paying with our credit card.

Customer Service: There’s Nothing to it


Wayne Braid

The Customer is always right.right?

THE CEO/SECRETaRY Of THE SOCIETY

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The policy of “the customer is always right” is a fallacy, although i must

confess i have entertained that adage when i was not a happy customer.

In our Winter Scrivener, our writers talk about the many ways they ensure the needs of their customers or clients are met, including going the extra mile, making new clients and regular clients feel welcome in their business office, and telling people on a regular basis how much their business is appreciated.

Wal-Martisfamousforbeingthefirst retailer to provide special staff at the entrance to their locations to say, “WelcometoWal-Mart!”WhenwegointoaMcDonalds,aBurgerKing,orpretty well any fast-food vendor, we are greeted with a smile, a welcome, and “How may I help you”?

Mostgrocerystorecashiersaretrainedtoask,“Didyoufindeverything you were looking for today?” They really want to know if you were able to find all the items on your list because . . . they want you back! They want you to return time and time again. They want their location to become your default shopping choice.

True customer service is about getting to know your customers or clients and their needs, then making sure those needs are filled in a way that would meet or exceed your own expectations. For most of us, those are simple things such as being treated with respect, remembering our name, and being greeted in a friendly manner that says they really do appreciate our patronage.

The way to make certain our business is providing great customer

service is to consider the way we like to be treated when we are shopping for goods and services. A dreaded “customer service” moment for me is when I call the car rental company, for example, and hear, “Welcome to our Customer Service Centre. Press 1 for..., press 2 for..., press 3...” That might be an efficient system for the car rental company, but for the customer . . . ?

Let’s go back to the title of this little discussion. We all know the customer is not always right but the way we handle the angry, upset, defiant, or misguided customer sets out our level of service excellence.

A BC Notary is often called upon to politely and efficiently counsel clients that what they are trying to do will not work, may be unethical, or is simply not in the best interests of all concerned. Notaries have the responsibility to advise their clients that the customer is not always right, and to communicate that message in a professional and caring manner.

Onthecustomer-service-relatedoccasions when things were not done exactly the way I thought they should be, I realized that the business really did have my best interests in mind. I have gone away thinking, Well, I learned something today! s

Notaries have the responsibility to advise

their clients that the customer is not always right,

and to communicate that message in a professional

and caring manner.

Customer service is not about offering giveaways and incentives to clients to get them in the door or about entering their names into a prize draw for a TV or a trip to an exotic destination. Some retailers do use that method for marketing, where you fill in a form that asks for all your contact information so the store can promote products to you via email, direct mail, or telephone solicitation.


KEYNOTE

Val Wilson

6 Timely Tips for Customer Service

excellence!

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4. Train Your Staff.Donotassumethatapersonwhoseems sensible in a job interview will be able to manage a confrontation with an irate client.

Your staff should be knowledgeable about your company. While most of us will be kind to someone who says, “I don’t know. This is only my 3rd day on the job,” why wasn’t the new staff member fully trained before being given the responsibility of representing the company on the phone?

5. Monitor Your Front Line.Call your office often to hear how the front-line people are answering the phone. Some have been doing it for so long, they no longer pronounce the company name clearly. Redundancy + Speed = Garble

6. Be Nice.Here is an example of customer-service damagecontrolatitsfinest.Myfriendowned a Vancouver boutique that sold beautiful china, wine glasses, andkitchenaccessories.Onedaya customer returned to her shop to complain about a defective product. As he related his story to my friend, who is about 5 feet tall, the man began to yell. When he took a breath, she looked up at him and asked, “Excuse me, Sir. Am I being rude to you?” “No!” he fumed. “Then why are you being rude to me?” Quite taken aback, the man apologized and the two soon solved the problem at normal volume.

Be nice. It creates less stress for everyone and quite often leads to a successful conclusion. s

We all have stories about our customer service experiences.

These tips are based on a few of my favourites.

1. Implement An Electronic Assistant.Oncepeoplehavemadetheefforttocall your business, they should be able to leave a message outlining the reasonfortheircall.Useanansweringservice/machine to take messages from after-hours callers.

2. Adopt the Concept of Internal Customers.

Customer service usually refers to the way we treat people outside the business—our external customers. There are internal customers, too . . . the individuals inside the company. Fellow staff members should extend the same courtesy, care, and consideration to each other that they would show to an outside client. Unityinsideabusinessisevidenttoexternal customers. Harmony makes the workplace and the workload more pleasant and increases the quality—and perhaps the quantity—of the work produced.

3. Encourage a Sense of Belonging.Have business cards printed for each member of your staff. Why? Your staff represents your company 24/7. A business card will enhance their pride in their position, help build professionalism and a strong sense of belonging, and of course serve to promote your business.

Services a BC Notary Can Provide

• AffidavitsforAllDocumentsrequired at a Public registry within BC

• AuthorizationofMinorChildTravel• BusinessPurchase/Sale• CertifiedTrueCopiesofDocuments• CommercialLeases&Assignment

of leases• ContractsandAgreements• Easements&RightsofWay• EstatePlanning• Execution/AuthenticationsofInternational

documents• HealthCareDeclarations• InsuranceLossDeclarations• LettersofInvitationforForeignTravel• ManufacturedHomeTransfers• MarineBillsofSaleandMortgages• MarineProtestations• MortgageRefinancingDocumentation• Notarizations/AttestationsofSignatures• PassportApplicationDocumentation• PersonalPropertySecurityAgreements• PowersofAttorney• ProofofIdentityforTravelPurposes• Purchaser’sSideofForeclosures• RepresentationAgreements• Residential&CommercialRealEstate

Transfers• RestrictiveCovenantsandBuilder’sLiens• StatutoryDeclarations• SubdivisionsandStatutoryBuilding

Schemes• WillsPreparation• WillsSearches• ZoningApplications

Some BC Notaries provide these services.• MarriageLicences • Mediation • RealEstateDisclosureStatements

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.


one of the most helpful ways of looking at customer service

excellence is through the lens of communication.

In academic work or in consulting, it is always important to define, within the parameters of one’s study or a project, what exactly is meant by the term “customer,” what exactly is the “service” being offered, and then, by the customers’ own standards, how they would measure the specific service “excellence.”

Printed on my business card is a short statement that defines a philosophy for teaching and in delivering communication counsel. It reads, “When people become better communicators, they become better in all areas of decision-making.”

This brief line cuts to the chase and opens the door for people to know more about the importance of all students and employees to become better communicators. It helps individuals make better decisions in life. That is perhaps the most important aspect of customer service excellence.

While some students and clients immediately relate to it, many others embrace the communication practices

The Importance of ResearchIn the past three decades, government and business leaders have recognized that “communication” is much more than a one-way stream of messages disseminated in newsletters, news releases, Website information, tweets, and speeches.

They recognize the importance of research in communication. In any project, research dominates the criteria for success. Research accounts for the vast majority, maybe 90 percent of any successful communication initiative.

Research provides data, which through analysis can generate knowledge. As Francis Bacon noted, “the more one knows, the more one will be able to control events”—hence knowledge is power.

In 2011, Forbes magazine (http://www.forbes.com/powerful-people/) notedtheWorld’sMostPowerfulPeople and identified the 27-year-old FacebookfounderMarkZuckerbergas 9th in the world, moving up from number 40 in 2010.

While the respective leaders of the USA,Russia,China,andGermanycaptured the first 4 positions of power, ZuckerbergcameinjustafterPopeBenedictXVIandtheUSFederalReserve Chairman Ben Bernanke, and just ahead of number 10, British PrimeMinisterDavidCameron.

Canada’s Globe and Mail reported Forbes, writing, “What the CIA failed todoin60years,Zuckhasdonein7:Knowingwhat800millionpeoplethink, read, and listen to.”

Three ConceptsWhen information is currency, as it is today, people need to learn three key concepts to study and practise in their research as they discern options.

• VestedInterest

• Consequence

• Empathy

In this instance, vested interest means a person or a group that has a personal stake or involvement in an undertaking. The term is often used in law with an expectation of financial gain, but that limits its use here.

“When people become better communicators, they become better in all areas

of decision-making.”

it entails only after they learn more about the fuller communication process. They think about it, and then recognize the wider spectrum of meaning that this concept applies to all people—executive and front-line staff—and that everyone needs to become a better communicator.

Vested interest, Consequence,andEmpathy

Nigel Atkin

fEaTURE


To make the concept relevant to the moment, students are asked, “What is my vested interest in my telling you this? What are your interests in consuming these ideas?”

Consequence is the result or effect of an action. In the same way, I ask them, “What are the consequences to you of me telling you this? What are the consequences for me?”

They learn to see vested interest and consequence everywhere they look—in conversations, in news and advertising, on TV, in politics, in sports and entertainment. It becomes secondary in nature to think in these terms, to understand their own choices, to discern, and to recognize consequence of action—their own and others.

In teaching communication, or in this case sharing ideas supporting customer service excellence, empathy is the third important concept to know.

Empathy is the intellectual identification with the feelings, thoughts, or attitudes of another. It can be vicarious, as we watch pinnacle moments in sports and our arms twitch with the bat or we experience the hit in the ring or witness sustained injuries. We see detectives use empathy to solve crimes in TV shows.

There is a great deal of positive empathy in life. The kindness of strangers; sharing good childhood memories; being a grandparent; recalling our own experience and those of our children; recalling exceptional above-and-beyond customer service.

Ongoing ResearchResearch into the attitudes, beliefs, and behaviours of our customers is becoming an ongoing activity, even an art, especially when customers have more choice and the economy is not strong. The need for research becomes more important when markets turn down or competition threatens sustained growth.

In Sidney, a friend who works at a lumber/hardware supply company told me recently that when he started working there 35 years ago, he had

to deal with 300 suppliers. Today, he works with more than 15,000 suppliers to serve his diversified client base. Research is vital to customer service, maintaining competitive edge, and profits.

Leaders can’t do it alone because it is becoming more usual for all staff to be trained and enlisted to carry out important customer research and to deliver appropriate communication, often on the spot.

you’d asked, you could have had my mind.” In the Information Age, wise leaders open the dialogue, create better communicators, and therefore accelerate customer service excellence.

understanding Body LanguageToday, a pre-eminent hotel chain intheUnitedStatesistrainingallstaff—from management, front desk, to housekeeping—in delivering personal service by focusing on customers’ body language.

According to a recent article in USA Today, a body language expert worked with employees “on what cues to look for”—customer mood, levels of stress, their needs, wants, and desires that could trigger a positive hotel staff encounter toward the heightened customer service of their guest.

As a result of the training, staff became more aware of human behaviour and improved their ability to achieve greater empathy. For instance, eye contact or lack of it with customers can mean openness to conversation—ornot.Understandingthe body language of fatigue, of irritation, and of stress “gives (staffers) some tools they can use to help identify the right way to address somebody at a particular moment,” the article outlined.

The body language trainer contended that training all hotel employees is unique, and designed “so every single guest is treated as special.” The chief brand and marketing officer of the boutique hotel said this training helps “our associates deliver a service that’s more customized to them.”

Exactly. In security as well, heightened research—knowing the customer—becomes an essential aspect of maintaining peace and sustainable economy.

Ontheinternationalstage,El Al Airlines is noted as the premier organization delivering customer service excellence in the area of airport security.

Long considered the world’s most secure airline, El Al employs stringent procedures that are effective, envied,

In the 1990s, some corporations recognized this shift whereby all staff received communication training—to understand the need, philosophy, theory, and practice—to ensure all staff made better decisions regarding all aspects of their work in dealing with customers, colleagues, those to whom they report, and those they supervise.

This initiative created business and government efficiencies, positive customer relationships well documented with respective publics in British Columbia.

In a major European conference in 2002, public relations researchers documented the trend to help all members of an organization become communicatively competent to respond to growing societal needs. Communications focused internal initiatives on the mentality and behaviour of the members of the organization.

Not to use staff for informal, yet continual customer research or intelligence-gathering in their areas of expertise, and not to use their face-to-face opportunities to disseminate organizational information appropriately is a waste of human resources.

I’m reminded of a poignant comment I read, attributed to a retiree from an Industrial Age factory. “For 35 years, I gave you my hands. If

Empathy is the intellectual identification with the feelings, thoughts, or attitudes of another.


andsometimescontroversial.Underconstant threat at home and abroad, the national airline of Israel embraces leading-edge technology in baggage security, explosive material detection, and advanced aspects of behavioural psychology.

using Micro Expressions

Plain-clothed agents and fully armed policemen and military personnel patrol airport grounds looking for threats and suspicious behaviour. Passengers are requested to arrive at the passenger check-in 3 hours or more before scheduled takeoff and are individually questioned as to destination, past trips, travel purpose, their occupation, current job, and other background information.

Not only trained in body language, El Al security staff members are well versed in the ongoing study of “micro expression” theory and practice where experts can detect brief, involuntary facial expressions that relate to human emotions.

Microexpressionsrelaybasicemotions of disgust, fear, anger,

…El Al employs stringent procedures that are effective,

envied, and sometimes controversial.

sadness, happiness, surprise, and contempt. Some experts contend a fuller range of positive and negative emotions such as relief, satisfaction, amusement, pleasure, pride, shame, embarrassment, or guilt can be detected. Lasting only 1/25th to 1/15th of a second, they are difficult to fake or hide, often providing experts with valuable intelligence benefitting greater customer service excellence as it would be defined in this case.

These tools and their supporting technology are rapidly trending into greater use in security and communication. The research material they provide empowers front-line staff—in whatever form of customer service they deliver—to improve their communication practice and decision-making by using the concepts of vested interest, consequence, and empathy to their customers’ benefit. s

Nigel Atkin is a university instructor and international development consultantspecializinginstrategy,communication, and ethics. [email protected]

it all starts with building a great relationship.

Why invest the time to get to know our clients?Because we care to fully understand what you’re upagainst and where you want to go. We gain insight and realunderstanding so we can help you achieve your ambitions.

Strong relationships with over 50,000 business clients across Canada have proven our commitment.

BDO. MORE THAN YOU THINK.

Assurance | Accounting | Tax | Advisory

Suky Cheema, CA, Partner604 688 5421www.bdo.ca

BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.

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Wikipedia defines Customer Service as the provision

of service to customers before, during, and after a purchase, or a series of activities designed to enhance the level of customer satisfaction . . .

What level of customer service excellence do you deliver in your business?

• Doyourclientsfeel“good”aftermeeting with you and completing their business?

• Dotheyfeelsatisfiedwithyourservice?

• Wouldtheybewillingtosharetheir experience with family and friends?

• Wouldtheyconsiderallowingyou to use their words in “testimonial”-type advertising?

Said Sam Walton, founder ofWal-Mart,“Ourgoalasacompanyis to have customer service that is not just the best, but legendary . . .”

Who doesn’t like entering the Wal-Martstoreandbeinggreetedby a person with a smiling face who offers you a shopping cart?

here are my Ten Commandments of Customer Service Excellence.

1. Greet each person who walksthroughyourofficedoor.

Smile, offer a friendly greeting, and if you can, acknowledge the person by name. All of us like to feel important. When I walk into a place—be it a store, a restaurant, or a gym—and hear someone say, “Hi, Greg. How’s it going?” wow, I feel better already. I enter my office and greet my assistants each day with a smile andusuallysay“Morning!Whatabeautifulday!”Mybeliefistostarteach day as a brand new day. Let’s start on a happy, positive note. That’s my own feeling, of course, but it ties in with this next golden rule.

2. Treatyourassistants/staff with the utmost respect.

• Areyoupoliteinyourdealingswith them?

• Doyoutrytoaccommodatetheirrequests?

• Doyoulistentothemwhentheyspeak?

Remember your assistants/staff are a reflection of yourself, and your staff can make or break you. I foster a team approach where everyone wins. Through our bonus system, everyone benefits when we have a good month. Thank your staff for their efforts and praise them for a job well done. They have a direct effect on your profit.

“Kinds words can be short and easy to speak, but their echoes are truly endless.”

Mother teresa

3. For good customer service, go the extra mile.

Include a thank you note in a customer’s package, send a birthday card . . . there are all sorts of ways to keep in touch with your customers and bring them closer to you.

“loyal customers don’t just come back; they recommend you and insist that their friends do business with you.”

Chip Bell

My belief is to start each day as a brand new day.

Let’s start on a happy, positive note.

Who wouldn’t want to buy something after that initial “feel good” service? You sense, I am welcome here. They value my business!

The 10 Commandments of Customer Service

Greg Litwin

fEaTURE


4. Giveyourcustomers thebenefitofthedoubt.

When you attempt to prove the customer is wrong and you are right, you risk losing that client. You will never win an argument with a customer—and you should never, ever put a customer in that position.

“your most unhappy customers are your greatest source of learning.”

Bill Gates

But of course, try not to have any unhappy customers.

Word-of-mouth is the best source of advertising. If a customer is unhappy with your service, how many people do you think he or she will tell? Miserylovescompany.

5. Be a good listener.

Take the time to identify customer needs by asking questions and concentrating on what the customer is really saying to you. Listen to their words and tone of voice. Watch their body language and, most important, how they are feeling. Beware of making assumptions or thinking you intuitively know what the customer wants.

6. Make customers feel important and appreciated.

People value sincerity. It creates good feelings and trust. Think about ways to generate good feelings about doing business with you. Customers are very sensitive; they know if you really care about them. Thank them every time you get a chance.

7. Know how to apologize.

When something goes wrong, apologize. It’s easy and customers like it. The customer may not always be right, but the customer must always win.Dealwithproblemsimmediatelyand the let customer know what you have done. Even if the customer is having a bad day, go out of your way to make him or her feel comfortable.

8. Give more than is expected.

Since the future of all companies is in keeping customers happy, think

of ways to elevate yourself above the competition. Consider the following.

• Whatcanyougivecustomersthatthey cannot get elsewhere?

• Whatcanyoudotofollowupandthank people?

• Whatcanyougivetocustomersthat is totally unexpected?

9. Alwaysremember how it feels to be a customer.

Put yourself in their shoes and remember how it feels to be on the other side of the desk.

• Doyourememberhowitfeltwhenyou purchased your first home? How exciting was it?

• Howdidyoufeelwhenyoumadeyour Will, with all that talk about dying?

You must always be sensitive and aware of the customer’s needs.

10. Do unto others.

The Good Book says always do the right thing—never compromise your values.MahatmaGandhisaidthata customer is the most important visitor on our premises.

• Acustomerisnotdependentonus; we are dependent on him or her.

• Acustomerisnotaninterruptionin our work; he or she is the purpose of it.

• Thecustomerisnotanoutsiderin our business; he or she is part of it.

• Wearenotdoingthecustomera favour by serving him or her; the customer is doing us a favour by giving us an opportunity to do so. s

Gregory J. Litwin is a BC Notary Public with over 26 years of experience in his field.HehasofficesinPenticton,Oliver,and Keremeos. greg’s motto has always been “excellent Service at a Fair Price.”

[email protected]

Site Improvements Surveys

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Kenneth Waller AScT, RSISPhone: 604 465-2142Fax: 604 465-1469

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Advertising Pays!Our business is steadily growing.

Thumbs-up to our new clients for reading The Scrivener!


The rare gems we share with our friends and family include the times when

someone went outside the box to do something special and most often unexpected.

I am speaking of stories about people who care, people who make a difference, people we remember, and people to whom we are delighted to refer others.

MyhusbandHerbandIknowafew“storyable” professionals.

• Thebankloansmanagerwhocame in on her day off to prepare our pre-approved mortgage and deliver it to our home, just in case we were house-hunting that weekend.(Thanks,LoansManagerCory.)

• TheBCNotarywhoofferedkindwords of support while we were grieving for my dad and trying to fend off his aggressive investment advisor who was nagging us to move faster so he could close out Dad’saccount.(Thanks,NotaryDean.)

• Ourfamilydoctorwhorushedoutof the office to buy some take-out food for everyone in his waiting room because a family he was

Current research bears this out—we receive up to 3000 advertising messages a day! From billboards and buses to bumper stickers and bathroom stalls, we are inundated with commercial messages . . . Buy This—Choose Us!

Today’s top business coaches teach that to stand out and apart, we must move the bar from having satisfied customers to creating raving fans!

Satisfied customers may stay with you; raving fans not only stay—they bring all their friends!

So, how do you do create them?Dr.MayaAngelousayspeoplewillforget what you said, people will forget what you did, but people will never forget how you made them feel.

I think that’s what customer service is all about—how you make your customers “feel.”

When you treat them well, find out what they want, and give it to them, your customers and clients will feel as if they have had a great experience.

1. Treat people well! Ourneedtoberecognized,acknowledged, respected, and appreciated stays with us through our lifetime. Bottom line: We need to know we matter.

It doesn’t take much extra effort. Show your clients you are truly pleased to see them, offer a genuine smile, respect their time, listen when they talk, return calls and answer their emails in a timely manner, and treat them with dignity. Those points go a long way to demonstrating you value them and that you value their business.

Remember: People don’t care how much you know until they know how much you care!

Dr. Maya Angelou says people will forget

what you said, people will forget what you did,

but people will never forget how you made them feel.

treating from out of town needed to stay there for a few hours more and hadnoteaten.(Thanks,Dr.James.)

We have told their stories often and to many, and we welcome the opportunity to send business their way.

Think for a moment about the storyable encounters you have had in your life with various professionals. Mostlikely,thestoriesarenotaboutthe high marks they received, their standing in their grad class, or the celebrities they know. They are about people who made you feel better.

are you Storyable?

Rhonda Latreille

fEaTURE


2. Askthemwhattheywant!JohnDeMartinisaidthequalityof your life is determined by the quality of the questions you ask. There is a lot of truth in his words.

Ask the Right Questions. A successful businesswoman recently shared how frustrated she was with an older client who was facing the end of his life, yet refusing to get his affairs in order.

She told him all about the perils of not having a Will or advance care plans. Because she believed the gentleman really cared about his family, she was at a loss to understand why he didn’t move forward.

I suggested she shift from “telling” to “asking.” I wondered what might happen if she came right out and asked him to describe in detail what a good death would look like to him, then offer to work with him to help make that scenario happen. A better question led to a better result—and having him include his loved ones in his planning.

I have discovered a second part toJohn’swisdom...

Ask the Right People. We assembled a “brains trust” of some of our most successful and loyal members from across Canada to give us advice about what member services they would appreciate from our company.

We were absolutely transparent, letting them know our objective was to be the most valuable membership organization the belonged to, so when it came time to renew their membership, the decision would be a “no-brainer.” We asked them what we would need to do to give them that experience. I was surprised by their response and the lack of hands-on direct resources they wanted from us.

As it turns out, we were asking the wrong people! The sampling of our most successful and loyal members already had a rich and

established network within their professional community; they looked to us only for current trends and publications.

The majority of our membership, however, did not have the same access to resources from other sources; they expected us to provide client- and business-development materials. When we asked the right questions of the right people, we got more helpful answers and were able to amend our strategy. Powerful lesson learned.

it, take full responsibility, and do everything in your power to makeitright.Mistakesareoftenforgiven; excuses and cover-ups are not.

Remember: The bar is rising! To create raving fans, we need to move from providing a customer service to providing a customer experience!

If you compete at the level of services and products, you are always vulnerable to price—to someone undercutting you.

If you set your sights on a unique and memorable client experience, there is no competition. You are in a category of our own—you are storyable! s

Rhonda Latreille, mBa, CPCa, is the founder of age-Friendly Business®. inspired by the uN-endorsed age-Friendly City initiative, rhonda expanded this vision to include a curriculum, certification, and celebration of businesses and professionals who have made the commitment to better understand and serve an aging population. Their purple-wave logo—The age Wave—is becoming a symbol worldwide of service excellence for the 50+ population. For information about professional certification, please visit www.CPCacanada.com.

Voice: 1-877-272-8086 [email protected]

3. Give it to them—and then some! You have demonstrated you respect and care for your clients. You’ve asked the right questions of the right people. You have learned what they want and need. Now it’s time to give it to them—and more! The business adage underpromise and overperform has given way to overpromise and overperform.

Dowhatyousayyouaregoingtodo, do it on time (or before time!), then do a little more!

What happens when things go wrong? Mostclientsunderstandthatevenin the best organizations—and the best people—mistakes happen. The best advice is to own up to

You are in a category of our own—you are storyable!

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Create Raving Fans!


When the theme of this Scrivener was first announced, i struggled

with how i could write about “Customer Service excellence.”

Professional land surveyors’ primary client is the survey structure of the province or—as land surveyors call it—the cadastral fabric. BC Land surveyors must consider the cadastral fabric first, then determine how the work they are doing for their customer fits that fabric.

The limits or boundaries of the land being surveyed are determined based on factual, historical surveys, not the wishes of the customer. In land development, the customer may determine how he wants the land developed but he has no part of determining the boundaries of the existing parcel.

That places the land surveyor in the position of having to serve the primary client and the customer.

How do we provide service excellence to those two interests at the same time?

To satisfy the primary client—the cadastral fabric, a land surveyor must do the following.

1. Locate and survey all the appropriate evidence on the

4. Compare the survey information obtained in the field with the records to determine what evidence is appropriate and the location of the existing boundaries of the parcel.

5. Finalize the solution and monument the parcel in question.

If a land surveyor undertakes all those steps and ensures that the fieldwork he or she has undertaken is sound, the result should be that the cadastral fabric is satisfied with the results. To complete the process, the land surveyor must ensure the work completed is filed and registered in the applicable register.

The customer who is paying for the survey work—the landowner/developer—occasionally does not like the location of the boundaries as determined by the land surveyor or is not aware of the additional work that might be required to do a proper survey. That places the land surveyor in the difficult position of trying to provide quality service to an unhappy landowner, which may require considerable skill to resolve.

Problems often build if the land surveyor does not communicate all the applicable steps to the landowner and/or does not keep the landowner up to date on the work required and the possible increases to the costs associated with undertaking additional work to satisfy the primary client—the cadastral fabric.

Communicating with the customer is the most important part of ensuring customer service excellence.

To create an informed and understanding customer, it is important to explain

• allthestepsofthesurvey;

• timelinesandissuesrelatingtotimelines based on additional work required;

• costsforthesurveyworkandpossible additional costs based on satisfying the cadastral fabric; and

Communicating with the customer is the most

important part of ensuring customer service excellence.

ground and all applicable improvements that might provide evidence of the original survey.

2. Review all the existing survey records applicable to the parcel of land.

3. Assess those records to determine if the previous survey work adequately provides a sound re-establishment of the titles in question.

laNd SurVeyorS oF BC

Quality Service by a Professional

Chuck Salmon

fEaTURE

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• howtheprojectisprogressingthroughout the course of the survey.

The Association of BC Land Surveyors (ABCLS) would like to think all our land surveyors undertake all the above steps for every job they contractandcomplete.Unfortunately,that does not always happen. The land surveyor may get overloaded, may miss one of the steps, or may be unaware of the hazards that might appear on a job. The mitigation of those oversights often includes complaints being filed or concerns raised whereby the ABCLS must undertake a resolution of the situation.

The land surveyor does not always realize there are two possible sources of complaint.

• Acomplaintbythecadastralfabric is undertaken when another land surveyor detects and reports an incorrect re-establishment of the parcel in question.

• Acomplaintbythecustomerresults from a lack of (or poor) communication or a representation of the parcel that does not appear to fit the existing evidence or improvements on the ground.

Then the ABCLS Complaint Inquiry Committee will open a file and complete an investigation of the concern raised.

Regardless of the outcome, any errors must be corrected. There is an old saying, “To err is human; to forgive divine.” For professionals, that saying could be adjusted slightly— “To err is human; to correct the error is professional.”

Customer service excellence is achieved when both the cadastral fabric and the landowner/developer are satisfied with the result.

Land surveyors must recognize their responsibility to both the cadastral fabric and the customer and approach each survey with that knowledge to ensure they achieve the excellence required to satisfy two separate interests.

• Itismucheasiertodetermineif the landowner/developer is satisfied with the land surveyor’s work than to know if the cadastral fabric is satisfied.

• Alandsurveyor’slegacywilldetermine whether the cadastral fabric is satisfied. If he or she has turned over every stone and ensured that regardless of the costs involved, he or she has done the best possible job, then chances are that customer service excellence will be achieved.

The land surveyor must always remember that the cadastral fabric comes first as the primary client in undertaking the re-establishment of property boundaries. s

Chuck Salmon, BClS, is the Secretary registrar of the association of BC land Surveyors.HehasbeenaBCLandSurveyor for 35 years and was the Surveyor general of BC until his retirement in 2002.

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“We have great products and excellent customer service!”

Everyone is saying the same thing to prospective clients. What exactly is excellent customer service? Is it simply doing what you say you’ll do when you said you would do it?

With increasingly aware consumers due to social media and the Internet, we suggest that doing what you say you’ll do within the promised timeframe is really the bare minimum.

Howdoyougobeyondtheminimumthat is expected and differentiate yourselffromeveryoneelse?

With commoditization and pressure from a better-educated consumer, it’s critical that you know and understand why your business is different, and that you are able to handle the inevitable question of how you can provide value over price in your business.

It’s important to carefully examine and understand the way your business interacts with clients from the time they first call, to the completion of their transaction.

Howdoyourclientsfeelafteryouhavecompletedyourbusinesstogether?

Here are some questions to help provide clarity.

1. Whatareyouproviding?Think about this. When clients first contact you, how are you capturing their needs? I can assure you it’s more than making an appointment to sign papers!

Take a few minutes to understand how this client found you, who recommended that the client call you (you want to thank the referral source), and what the client can tell you about the transaction.

When you take the time to discover a person’s motivation and confirm your understanding, you are setting a solid foundation from the critical first point of contact.

2. Whatareyourresources? a. People: If you have staff, do

they know what is expected ofthem?Dotheyhaveclearguidelines?Doyouhavea procedure manual and training?

b. Technology: How do you use technology to improve your business and make the process easier for your clients?

c. DefinedProcessFlow: From the first point of contact to post-transaction service and follow-up, do you utilize a repeatable pattern?

d. Skills: How are you and your staff keeping up-to-date on best practices and the latest industry innovations? As in any profession, continuing education is a must for you and your staff.

how do you go beyond the minimum that is expected and differentiate yourself

from everyone else?

Whether you call it your system or your business flow, how good a job are you and your staff doing from the perspective of those you serve?

Let’s reverse the lens and look at your systems from a client’s perspective.

Whatisyourbusinessdoingtofosterpositiveemotions?

When looking at your system, it’s best to break it down into three categories that identify the way you dealwithyourclients:Before,During,and After the transaction.

Dependingonyourbusiness,youcan add subheadings of “must do’s” thatoccurBefore,During,andAfterthe transaction, if warranted.

Providing Value over Price,

and other Customer Service gems

Rob Regan-Pollock

fEaTURE


3. Doyouhaveanylimitations?

This is critically important. Whether you take on a challenging file or say Yes to one more file at an already busy month-end, how are your client service levels impacted when you exceed your limits?

4. Howdoyoumanagescale?

We all expect our businesses to grow over time.

• Howdoyoumanagegrowthandseasonal fluctuations?

• Areyouinapositiontohireandtrain new employees?

• Haveyoudefinedthespecificadministrative, consulting, and marketing roles?

• Howcanyouprepareandmakeadjustments for busy times?

• Canyoucontractadditionalstaff,work-share with other colleagues, and form strategic alliances?

Slow response-times to email and phone calls and rushed conversations create negative emotions; they are the most common reasons for customer complaints in our industry.

5. Areyouconsistent?

Consistency is key for great customer service! Set standards for returning calls and emails. Being prompt in responding and taking a few minutes to outline steps during the transaction is vital. Ensure that you and your staff provide a review of the file’s logistics with your clients so they know where they are in the process and what is next.

6. Howeffectivelydoyoucommunicate?

People have various communication styles; it’s important that you communicate in the style they prefer. Some clients are technical; some are to-the-point.Othersarerelationaland some like their dealings to be fun! Regardless of your clients’ communication style, follow their lead and communicate in their preferred method.

7. Howdoyoumakeyourbusinessconvenientforyourclients?

• Howhaveyoustreamlinedandmade the process easy?

• Haveyoudesignedtemplatesforspecific topics of communication?

• Howcanyoufine-tuneforefficiency?

• Howdoyoutrackmilestonesandservice levels?

8. Doyouunderpromiseandoverdeliver?

The best way to foster positive emotions is by going beyond the expected.

9. Doyouobtainfeedback,thenimprove?

• Doyoufollowupafterthetransaction, to make sure all is in order?

• Doyousolicitfeedbacktoidentifyways to improve?

By focusing on what matters to your clients and by continuously improving, you will truly exceed expectations and create positive emotions. The way your clients feel will determine their willingness to deal with you in future, and their potential to refer other people to you. Why not grow your business through clients who appreciate the way you and your staff conduct business? s

Rob Regan-Pollock is a Senior Broker and owner of invis – Team rob regan-Pollock in Vancouver, the number-one-producing mortgage team for invis in Canada. a former director of Professional development for the mortgage Brokers of BC and director at large for the Canadian association of accredited mortgage Professionals, rob is currently a director of the mortgage Brokers institute of BC responsible for re-licensing education of mortgage Brokers in BC.

Voice: 604 879-2772 1-866-854-6847 [email protected] www.teamrrp.com

No entity within the Macquarie Group of Companies is registered as abank or an authorized foreign bank in Canada under the Bank Act, S.C.1991, c. 46 and no entity within the Macquarie Group of Companiesis regulated in Canada as a financial institution, bank holding companyor an insurance holding company. Macquarie Bank Limited ABN 46008 583 542 (MBL) is a company incorporated in Australia andauthorized under the Banking Act 1959 (Australia) to conduct bankingbusiness in Australia. MBL is not authorized to conduct business inCanada. No entity within the Macquarie Group of Companies otherthan MBL is an authorized deposit-taking institution for the purposesof the Banking Act 1959 (Australia), and their obligations do notrepresent deposits or other liabilities of MBL. MBL does not guaranteeor otherwise provide assurance in respect of the obligations of anyother Macquarie Group company. Macquarie Private Wealth Inc. is amember of the Canadian Investor Protection Fund and IIROC.

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For not-for-profit organizations,establishingexcellent customer service

relationships is a bit different from the retail sector or service industries.

For retailers, excellent customer service includes ensuring shoppers can find an employee on the floor to answer their questions or direct them to the merchandise they want. Dependingontheitems,itcanalsoinclude follow-up after the purchase.

Service-industry employees provide great service through information and advice and by adding the appropriate personal touch for the service offered.

Not-for-profit organizations also strive to establish customer service excellence. For those selling a product, suchasUNICEFcards,theapproachisthe same as in the retail sector: Good product knowledge, friendly service, and of course a quality product.

For those “selling” a concept, such as medical fundraising foundations, the need for excellent relationships with supporters is as great, but the approach is different. The bottom line comes not from direct sales but from donations. Their “customers” are called donors.

Acknowledging the support given by donors is key for all fundraisers. The thank-you letter plays a pivotal role

• Donorsbenefitfromafreetow,a tax receipt, and the warm fuzzy feeling that they helped someone with kidney disease.

• TheKidneyFoundationbenefitsfrom the proceeds of the recycled vehicles.

• Theenvironmentbenefitsfromone less clunker on the road!

People don’t call in haste for information about donating their car, nor do they contact us at random. When someone has a car to donate, there is usually a meaningful and often touching reason. Sometimes the owner doesn’t want to give up the car but circumstances demand it. Sometimes the car has great sentimental value to the owner.

WhenpeoplecalltheKidneyCarline, they find themselves talking to

Lori, the person we like to call the unseen face of the Program—a woman who sees her job as much more than just getting the vital statistics about where the car is, if it’s running, when the owner will be at home, and so on. Lori understands there is usually an emotional reason behind the potential donation. She encourages the possible KidneyCardonorstotellhertheirstory and she helps them transition the car from its current home to the KidneyCarProgram.

Who calls Lori?

• Awomanwholeftacarnationon the dash of her car and a note thanking the car for its great service all those years and assuring the car that it was going to a very worthy cause.

• A96-year-oldformercardiologistwho was angry that his driver’s licence had been taken away, but who knew deep down that his

Acknowledging the support given by donors is key

for all fundraisers.

in building solid relationships, along with the photo opp and media release publicizingthedonor’sgenerosity.Manyfoundations also host thank-you events to help cement relationships.

Onefundraisingcampaignbuildsexcellent customer service before thedonationismade.TheKidneyCar Program is a fundraiser whereby people donate a vehicle.

donors Need Customer Care, Too

Pauline Buck

fEaTURE

Our Lori


car would do much more good for kidney patients than possibly being involved in an accident with him behind the wheel.

• Awomanwhohadhadanaccident that had nothing to do with her car, but she wasn’t able to drive afterward. She donated to KidneyCarbecausehersisterison dialysis.

• Acouplewitha1972VWBuswho wanted one last date in it beforegivingittotheKidneyCarProgram. They had had lots of fun in it when they were younger, so they took it to the movies then went for a drive through the park. Lori didn’t ask any more questions.

Sometimes Lori goes with the tow truckdriverstomeettheKidneyCardonors if she knows in advance that something really special is happening.

Onetime,acoupleintheir80shadsoldorgivenawayalltheirbelongings before moving back to EnglandsotheirUKfamilywouldn’tbe burdened by coming to Canada to arrange their affairs after they died. Knowingtheywereupset,Loritookthem a gift. When she arrived to meet them, the couple was sitting in their car, crying. She gave them a hug.

ForLori,theKidneyCarProgramis far more than just a job. It’s her way of helping people who want to help people with kidney disease.

KidneyCarsarefarmorethanjustunwanted vehicles. They are lifesaving machines. s

Pauline Buck is the Communications manager for The Kidney Foundation of Canada, BC Branch. For the past 8 years, she has provided public relations support for the fundraising team that raises money that enables the Foundation to get the word out about the vital role kidneys play in keeping people alive, the importance of early detection and prevention, and the urgent need for more organ donors.

[email protected]

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excellent customer servicerequiresa blend of intelligence,

communication skills, personality, and the judgment to make appropriate decisions.

The approach that we use to assess the success potential of a candidate is to combine assessments for ability and personality with job simulations. A suite of ability assessments measures basic cognitive abilities such as memory, language, mathematics, and reasoning. Studies have shown that general mental ability predicts job performance better than any other ability, trait, or disposition, including job experience.

Personality and motivational measures are used to round out the profile of a candidate to help predict thepotentialforsuccessinajob.Onemeasure relevant to customer service is Calm Steadiness. A high score indicates that the person is calm, stable, composed, free of inner tension, and able to control situations correctly. Otherpersonalitytraitsthatapplytocustomer service include Adaptability andOpennesstoChangeaswellasWarmthandConcernforOthers.

Moreinformationaboutthecandidate is determined through a customer service simulation. The candidate is presented with 22 scenarios and asked to choose the most appropriate and the least appropriate actions from a list of possible actions.

SelecttheoptionsthatareMOSTand LEAST like the way you would respond.

1. Apologize to the customer and promise that the company employee responsible will be reprimanded.

2. Ask for more information and promise that the employee responsible will be reprimanded.

3. Defendyourcompanybypointingout that the quality of service is always somewhat lower on short-distance flights.

4. Apologize to the customer and ask for more information so that similar incidents can be prevented in the future.

The results of the customer service simulation are combined with the results of the ability and personality assessments to provide a comprehensive report on the strengths and weaknesses of the candidate compared to an industry-norm group.

Assessments start with entry-level cognitive tests and progress to a management assessment involving over 4 hours of exercises. We combine various exercises to target specific positions according to the client’s needs. For example, an organization may be looking for people with strong Leadership and strong Customer Service potential. If the exact assessment is not already available, we can put together an assessment tool to meet custom requirements.

Ourassessmentsarepresentedonline in a secure environment with aproctorobserving.Ourclientsreceivea secure interface where they log on with a user account to schedule testing and to view reports for completed candidates.

Please see www.hrdecisions.net formoreinformation.Oneofourseniorprofessional psychologists will be glad to discuss how we can help select the best people for your organization. s

Greg DixonisapartnerinHRDecisionsltd., Scientific Systems for Selection and development.

Voice: 604 985-8261 www.hrdecisions.net

Studies have shown that general mental ability

predicts job performance better than any other

ability, trait, or disposition, including job experience.

Here is a sample question.

You are a customer service manager for a major global airline. You are speaking to a customer who is very upset and complaining about a bad-service incident on a recent short-distance flight.

assessing a Person’s Potential for Customer Service excellence

Greg Dixon

fEaTURE


Property owner’s checklist

Follow Us:

Have you received your 2012 property assessment notice?

If it has not arrived in the mail by January 20, call toll free 1-800-668-0086.

If so, review it carefully.

Visit www.bcassessment.ca to compare other property assessments using the free e-valueBC TM service on our website.

Questions? Call the office listed on your notice.

Don’t forget...if you disagree with your assessment, you must file a Notice of Complaint (appeal) by January 31, 2012.

“if you work just for money, you’ll never make it, but if you love what you’re

doing and you always put the customer first, success will be yours.” ray KroC Founder oF MCdonalds

A successful business has more than a profitable bottom line. Its team members love delivering an efficient, good-quality product for a competitive price, which in turn yields satisfied customers.

For over 29 years, I have been fortunate to maintain a successful Notary practice that has won a number of business and customer service awards. Last year, I was honoured with “The Award of Excellence for OutstandingCustomerService”bytheRichmond Chamber of Commerce.

To be given that award above all the many other businesses that operate in Richmond caught me off guard. It also caused me to reflect on the aspects of my business that helped earn this great compliment to myself and our team.

Not normally at a loss for words, I gave an acceptance speech that was short and from my heart: “I cannot believe I am being awarded for doing something I love so much, which is

“I cannot believe I am being awarded for doing

something I love so much, which is helping and caring

about people. how fortunate I am to earn a living

providing service to others, and thank you.”

The Personal Touch

Nancy Schick Skinner

fEaTURE

From left: Tony Kwan, of the law firm Pryke Lambert Leathley Russell, and Chairman of the Board of the Richmond Chamber

of Commerce; Nancy Schick Skinner; and Simon Wosk, member of the Richmond

Chamber and owner of Sip Wines

From bottom left: Cynthia Philpott, Aaron Winskill, Nancy Schick Skinner, Allison O’SullivanBack: Alan Jackson, Diana McNamara, Patricia Stewart, Trent Skinner


A very interesting by-product of customer satisfaction and our reputation for excellent customer service is that clients appreciate the value they are receiving and do not expect to obtain our service for inferior fees. Quotations are an important and regular part of most businesses, including mine, but the sophisticated customer realizes that the lowest quote is not normally the best when it comes to service.

Overchargingdoesnotconstitutegood customer service and neither do “cheap” charges. As a professional, I charge what my service is worth. We have a long lineup of repeat customers and clients referred by previous satisfied customers and the many allied professionals in our area. The Gucci Family Slogan certainly rings true: “Quality is remembered long after the price is forgotten.”

For many years, my mission statement has been quite simply, “No one leaves my office unless I have made them smile.” Clients’ requirements for their transaction are completed accurately and they often receive more than they were anticipating—a smile on their face.

What more can I ask when I absolutely love my occupation and I love people?!

Remember, “There are no traffic jams along the extra mile.” roGer stauBaCh

Outstandingcustomerserviceisa pleasure to provide and we reap the reciprocal benefits in self-satisfaction and success in business. s

Nancy Schick Skinner is a BC Notary Public practising in richmond.

[email protected]

helping and caring about people. How fortunate I am to earn a living providing service to others, and thank you.”

In my quest to deliver quality, efficient service to customers, financial institutes, and mortgage and real estate brokers, I do not dwell on the maximum profit. The theory of doing a proper job for the lowest price does not fit into my concept of running a business.

Rather than run an assembly line where corners are cut in an effort to save money, my choice is to do whatever I can to deliver excellent customer service for a competitive price. I go above and beyond the norm.

Because I maintain a comparatively large staff, they can spend the extra time required to do a thorough job—paying attention to every detail, no matter how small—and to offer the combination of courtesy and expert attention that the clients and their files deserve.

A fortunate employer has employees who love their job; fortunate employees have a boss who shows appreciation for the job they perform. This winning combination in my office is very evident to all and assists in maintaining and growing the large client and referral base that we enjoy.

To further enhance our service, my appointment time with clients is not rushed; I prefer to get to know the clients and to explain the entire file in great detail, offer expert advice, and ensure they fully understand all aspects of their transaction.

Else and Gracie, the daughters of Allison, one of Nancy’s staff members, at the

Christmas Eve Celebration in the office. Nancy does Christmas stockings for

all the staff and invites their children, too.

Outstanding customer service

is a pleasure to provide and we reap the reciprocal benefits in self-satisfaction

and success in business.

Over 15 years’ expertise in legal accounting and ESILAW and PCLaw legal accounting software

• Training services to firms and BC Notaries on how to be proficient legal bookkeepers, following the Public Trust Accounting Rules

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my firm offers a service of identifying dishonest employees who are

helping themselves to the cash or product. We rarely get a call from a business that employs people who are interested in the welfare and satisfaction of their customers.

Why is that? Quality salespeople know their product, they are vigilant, and they respect their employer and the business. They work to increase sales and to discourage pilfering or theft.

Let’s analyze employers. In these economic times, some businesses make the mistake of hiring not for the purpose of offering a service but to pay low wages.

In most cases when companies do that, initially profit increases. As time progresses, however, profitability will diminish—if customers can’t get satisfaction, they will go elsewhere or go online. That creates a vicious cycle; when profits go down, employees are let go. Cutting back on the quality of employees makes business suffer and increases unemployment. Businesses that offer quality service usually will thrive.

An automated telephone answering service diminishes the quality of service. When I call a business and hear automated instructions to press 1 to get 2 and to press 2 to get 5—which is ultimately answered by another machine telling me to leave a message—I hang up.

When the initial contact is substandard, I can extrapolate that if I have future problems with their product, my warranty and service needs will not be honoured and I will be given the runaround.

Now let’s look at employees.People contemplating a career in sales or business must like people, be nonjudgmental, and have respect for the intelligence of others.

To be able to make a quick assessment of each customer, salespeople need to understand human behavioural patterns. That comes with training.Oncesalespeoplestartdealingwith a customer, they should be able to analyze whether to lead, follow, or get out of the way so the customer can make a decision. Sometimes, you must place yourself in the shoes of the customer to determine whether you are being helpful or actually impeding the sale.

Some salespeople display an amazing lack of tact and common sense. The last thing a customer may need is some bushy-tailed, bright-eyedindividualasking,“MayIhelpyou?” That leaves a broad opening for the customer to respond, “No, thank you” or “I don’t need any help,” which quickly deflates the salesperson’s intent.Mysuggestionistoobservethe customer and offer a kind greeting such as “If you need any help, I’ll be nearby.Justcallme.”

People contemplating a career in sales or business

must like people, be nonjudgmental, and have

respect for the intelligence of others.

When I call a company, I like to have a human being answer the telephone—someone who can intelligently link me with the appropriate department or person. That tells me the enterprise wants to make certain that I, the customer, will be satisfied.

Crime Prevention through excellent employees

and Service

Ozzie Kaban

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If the customer knows he is in control of his shopping experience, he will feel comfortable with the atmosphere in the business and with your professionalism. That feeling will likely encourage him to do business with you.

These are my essential guidelines.• Treatallcustomerswithrespect.

• Givepeopletheimpressionyouare not judgmental.

• Neverassumeyouknowthefinancial resources of the customer.

• Neverunderestimateacustomerfrom his appearance or clothing.

Oneofthemostcrucialcomponents of effective customer service is full knowledge of the products you are selling. If you don’t know, ask someone who does, so the next time a customer asks you a question, you can answer with confidence! s

Ozzie Kaban of Kaban Protective Services inc. is a Private investigator and Security Consultant licensed by the department of the attorney GeneralofBC.Hisextensivestudies have enabled him to better understand human behavioural patterns.Hiseducationdesignationsinclude rPC (registered Professional Counsellor), mPCP (master Practitioner of Counselling Psychology), and RCCH(RegisteredCounsellingClinicalHypnotherapist).

Voice: 604 251-2121 [email protected] www.kabanpro.com

One of the most crucial components of effective customer service is full

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Having worked in customer service for many years, i have

become highly aware of service levels.

It struck me recently how infrequently I see what I would judge as excellent customer service; most of the service providers with whom I interact are able to meet basic expectations, but that is rarely enough to impress today’s customers.

With many similar businesses competing for each client, and the increasing ability of consumers to easily research businesses online to find one with exceptional reviews for efficiency and customer service, make sure you not only meet but exceed clients’ expectations of service levels.

A Few of the Top Things to Consider 1. Areyourespondingtocustomer

inquiriespromptly?

Your customers lead busy lives; they don’t want to have to work hard to track you down. By responding to inquiries promptly and consistently, you show that you respect their busy schedules.

2. What“firstimpression”doesyourofficeprovide?

• Whenyourcustomersarrive,areyour team members engaged in private conversations with co-workers or friends?

• Doestheentireofficelookpresentable?

Your customers will look at everything from the appearance of your signage to the overall tidiness of the office to determine your professionalism and your level of organization. To help build your customers’ confidence in you, make sure your office area is clean, pleasing, and modern.

3. Areyoutailoringyourstyletothesituation?

A person who is experiencing a marital separation will have different needs than a person who is re-writing his Will after the birth of a first child. Your behaviour should be appropriate to the situation, to help your client feel a sincere connection with you.

4. Areyouregularlyupdatingyourcustomers regarding the status oftheirfiles,andgivingthemrealistic timelines for how long eachstepshouldtake?

Customers frequently expect transactions to occur more rapidly than is feasible, so it is essential to educate them ahead of time regarding the processes and potential delays.

Frequently…we can lose track of some of the finer

points of service

Frequently in the day-to-day business of processing transactions, we can lose track of some of the finer points of service—points that may be of particular importance to customers. To ensure your business will continue to grow, periodically take a step back to review your entire process through your customers’ eyes. You may discover areas where significant improvements are possible.

In auditing your customer service levels, keep in mind that frequently a customer’s overall experience can be jaded by just one relatively small negative occurrence. As professionals, we are often so focused on the overall transaction, we overlook the small nonessential elements that can be sources of incredible frustration to clients.

Building The great Customer Service

experience

Paula Siemens

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5. Doyouhaveanefficientsystemtomanagetheinformationyouhavereceivedfromyourclients?

It reflects poorly on a business when information needs to be repeated or documents provided multiple times.Organizationinthisareaisparticularly challenging if you are coordinating work among several team members.

6. Areyouputtingyourcustomers“onhold”?

Even the best customer experience can be totally undermined when clients are repeatedly put on hold to listen to Peruvian pipe band covers of ‘60s’ classics.

The ExperienceFor businesspeople who have teams, the most vital part of auditing the customer service experience is determining how well your team is implementing your vision of customer service excellence. Your options can include sitting in on meetings with your team and clients, reviewing their phone and email interactions, and using customer-experience questionnaires so your customers can keep you informed about your team’s performance.

Inevitably, even when you have gone out of your way to provide outstanding service, breakdowns happen . . . because of matters outside your control or things you could have done better. When they occur, be proactive; address the dissatisfied customer’s concerns by quickly contacting the person, allowing him or her to express frustration, and advising the individual how you will fix the issue—both in the specific case and, if applicable, in the future by making changes to your processes.

Studies show that a dissatisfied customer will tell far more people about the experience than a satisfied one; that effect has been amplified by social media, where reputations can be made or broken online, often without your knowledge. People will look you up online to determine whether you are someone with whom they wish to do business.

Oneortwonegativereviewsfromdisgruntled customers can be all it takes to make a potential customer rethink whether he wants to work with you—and you may never get an opportunity to talk about the issue that caused the poor review.

Above all, I have always felt that in addition to technical proficiency, the most effective way to build a great customer experience is to create an emotional connection with your clients. That can be achieved primarily by being warm, empathetic, and patient with them.

It can be enhanced by small gestures that mean a lot, such as giving them a housewarming gift when they buy a new home or sending a card on their birthday. That helps elevate the interaction above the transactional level, so people feel they have a strong relationship with you. That also will encourage repeat business and more referrals and increase your enjoyment of your work. s

Paula Siemens is a mortgage professional who has worked in the financial services industry for over 25 years. She started with a major bank and has worked as an independent brokerforthepast21years.Herteamof licensed brokers consists of Shannon macleod and david King. invis – The Siemens group is committed to providing excellent advice and customer service.

Voice: 604 351-7438 [email protected]

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i have always found it difficult to reconcile my profession with the black art of selling

my services.

Trust, honesty, and integrity are the tools of our trade and somehow I see them as contradictory to sales and marketing. There is, in my opinion, a slightly negative connotation to the word “selling.” How, however, do I fill an empty office?

Marketinggurusandsalesexpertshave written stacks of books on how to provide excellent customer service and how to attract new clients and make them come back. Some of those booksremindmeofGrouchoMarx:“A child of 5 would understand this. Send someone to fetch a child of 5.”

Another is giving away trinkets bearing your name, such as pens, shirts, and baseball hats, as long as it remains tasteful. After all, who doesn’t enjoy receiving a gift, especially the pen with which you signed the purchase of your new home?!

I also believe “location” is important. The exposure of your office to the public attracts potential clients without having to pay a dime for advertising and you get the chance to inform and educate people that are just dropping by. A street-level office on a busy corner allows you to remain visible on their radar screen. Isn’t that what marketing is all about?

But nothing compares to giving excellent service and going the extra mile at any opportunity.

• Determineandattendtotheclients’ needs and expectations and exceed them, if possible.

• Beavailable,beagoodcommunicator, and deliver the goods in a timely manner—in a word, be a professional.

Clients also appreciate a warm welcomeandbeingputatease.Manydon’t really know what to expect from a Notary office or they might arrive with a chip on their shoulder. Life throws curveballs, so . . . smile and pass it on. Put a comfy couch in the waiting room, use bright colours on the walls, add some plants, and hang a painting. Clients really value the personal touch.

And the personal touch is what clients take with them and talk about. Don’tforgetthat.Thegreat19th centuryIrishwriterandpoetOscarWilde said, “The only thing worse than being talked about is not being talked about.”

Mr.Wildealsosaid“Beyourself;everyone else is already taken.” s

Filip de Sagher is a Notary Public practisingwithhiswifeHildeDeprezin a street-level office on a busy corner in West Point grey, Vancouver.

[email protected]

“A child of 5 would understand this.

Send someone to fetch a child of 5.”

Otherbooksjustshowthattheauthorsare, well, good book salespeople.

Techniques mentioned in the books that are applicable to the Notary profession include networking, advertising, and giving presentations.

Selling yourself

Filip de Sagher

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

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In Conversation with Val Wilson

THE SCRIVENER:BeforeyoubecameaBCNotary,whatcareerorbusinessexperiencedidyougather?

MICHAEL: I was working in a marketing firm in the travel industry in Richmond. It was one of those jobs where I gained very valuable experience in dealing with the general public. Then my dad, Notary Stanley Kravetz,askedmeifIwouldliketogointo business with him. That offered me an opportunity to be my own boss and run my own business.

At the time, that was a very scary proposition. Even my mother commented that it was like putting two mulesinthesamepen.Isaid,“Mom,we have two choices: We are either going to work well together or we are going to kill each other.”

LAUGHTER

For the most part, it was the former.

THE SCRIVENER: You were commissioned in 1989.

MICHAEL: Yes, officially commissioned in1989,Iremainedanapprentice—forlackofabetterterm—from1983to1989,untilIcouldgetaNotary

Two years before I became a Notary, I worked with my dad, NotaryDalminder(Del)Virk,whohasapracticeinDelta.WhileIwasstudying, I worked with him, doing conveyancing and learning that side of the business before I graduated. AndasMikesaid,whenyouworkwith your dad, there are times when you may butt heads. It was mostly a wonderful time and invaluable experience.

I was commissioned in 2001, practised with my dad until the end of 2002, then opened my own practiceinJanuary2003.Ichoseto wait for a Notary Seal to become availableinathrivingmarket.Onedidbecome available in Abbotsford. I have been practising there ever since, while still living in Surrey.

THE SCRIVENER: Howmanystaffpeopleworkinyouroffice?

MICHAEL: I have two full-time staff. MyseniorassistantCheriShannonis very experienced. She has been around lawyers and Notaries for 30 years.

Laura Gavel is my intermediate. She is younger and many clients assume she is my daughter. Clients will say, “So I was talking to your daughter . . .” I say, “Well, thank you, but she is not, but could be.”

Both ladies have been with me for almost8yearsnow,andI’lltellyouthat when you have two great staff, there is no substitute for it!

HARMAN: I also have two full-time staff.MyreceptionistManpreetBhattihas been with me for 1½ years. Raj Bal, my full-time conveyancer, has

I’ll tell you that when you have two great staff, there is

no substitute for it!

Seal. No Notary Seals were available in Langley under the former Seal system.Dadretiredin1993andpassed away in 1995.

THE SCRIVENER: Harman, what business experiencedidyouhavebeforeyoustudiedtobecomeaBCNotary?

HARMAN: I worked with two financial institutions over a 5-year period. The knowledge I gained was primarily in lending, mortgages, lines of credit, and personal loans.

COvER STORY

BC Notaries Michael Kravetz and Harman Virk

Customer Service excellence: empathy is the essence


been with me since day one—9 years. She was working in my dad’s office when I worked there. Raj really knows the ins and outs of a Notary practice. When I’m not available to handle some regular day-to-day issues, I can fully rely on her.

THE SCRIVENER:Howdoyouachievecustomerserviceexcellence?

MICHAEL: The answer comes in many different forms, starting with your staff. They are your front-line people who talk to the clients first.

That first impression is absolutely critical. You know you have achieved it when you finish a file for your client and he shakes your hand and looks at you. That’s when you know what he thinks of the way you and your staff havedealtwithhim.Manyclientswillcomment about how helpful my staff members were and how smooth the process was.

HARMAN: Customer service is a series of activities designed to enhance the level of customer satisfaction. You must know what methods are successful and why they are important. Your staff must be focused in the right direction.

Rewarding the staff is key. Their efforts to achieve exceptional service should be recognized and reinforced.

In leading my team, I try to practise what I preach and lead by example.Moreoftenthannot,your

actions and the way you deal with clients speak volumes to your staff. And that first interaction with clients is so important. I also find that having informal meetings with staff on a daily basis goes a long way to help keep them fresh and on top of things.

Clients are relying on you to provide them with confident, efficient, and friendly service. You must always be prepared and know the needs of each specific client and try to accommodate the individual.

a client comes in and feels simply lost. Being empathetic to the situation is essential.

THE SCRIVENER:Whatisyourfeelingabouttrainingforstaffmembers?

HARMAN: Individuals should be open to learning and changing and just genuinely wanting to improve. If people are set in their ways, and want to deal with certain situations in their own way, eventually you are going to run across some difficulty there.

MICHAEL:Thatisinteresting.Mystaffmember Cheri worked for more than 20 years in other office settings. I will tell you that I give her 120 percent credit because when she came in here, she was very open to our idea of how the office was being run, with our specific systems.

THE SCRIVENER: How does “the work ethic”impactcustomerservicelevels?

HARMAN: I think if you are working diligently, you can meet the needs of your clients. In an office setting, there are many phone calls and a lot of work to be done. If you’re managing your time effectively, you can achieve a very good level of customer service.

If you lead by example, the staff will respond to their work in that same way—with diligence. That attitude toward work is often contagious. If you are not working hard yourself and you are always delegating, the staff will

We stress putting yourself in the other person’s shoes and being empathetic. That is vital to really understanding your client and being able to better serve that person.

MICHAEL: I like the way Harman expressed being empathetic with your clients, especially because a lot of the matters we deal with involve very sensitive areas . . . when someone has lost a loved one, for example. I’m sure it happens to both of us . . .

We stress putting yourself in the other person’s shoes

and being empathetic, That is vital to really

understanding your client and being able

to better serve that person.

The legal assistants who work with Michael: Laura Gavel (left) and Cheri Shannon

The legal assistants who work with Harman: Manpreet Bhatti (left) and Raj Bal


eventually pick up on that attitude and not care as much because you don’t.

MICHAEL: For me, the work ethic starts with actual office systems we have put into place . . . the filing system I use, for example. Systems help keep everybody on track, including me. A good system to follow helps us maintain the work-ethic mode.

THE SCRIVENER: The customers can seethatasbusinesspeople,youarestable and organized. People appreciate acalmofficeenvironment.

MICHAEL: I think that’s critical. You know whether you’re walking into a hurricane versus a nice calm, sunny day.

THE SCRIVENER:Howisdoesyourofficeenvironmenthelpyoudelivergreatcustomerservice?

MICHAEL: We like to keep it tidy. When I have a client in my office, I have only that file on my desk. No other file. That sets the tone that the client is the most important person. No phone calls are put through to my office and my cell phone is not on. I give my clients my undivided attention. And I have a sign out front that says, “Please turn off your cell phone.”

Mystaff’sworkspaceisorganized.At the end of the day, we do not have any files on our desks; they are put away in the filing cabinets.

HARMAN: Yes, it is essential to keep files organized. Being on the ball is so important because a file can change from minute to minute; anything can change at any time.

Clients are looking for documents; lawyers and other BC Notaries are looking for documents. If you are not organized, that wastes everybody’s time. If you start off by structuring all your data-gathering properly—knowing exactly where inside a file you will find certain documents and correspondence, and running the same system with each file—your work will be proficient.

And of course, notes are essential. With all files, the notes are there from the conveyancer to the Notary and back, then to the receptionist or

whomever. You simply pick up where the other person left off and the work should run smoothly.

THE SCRIVENER:Yourofficeisontheground level, Mike.

MICHAEL: Absolutely. That’s the way it’s been over the last 30 years. I have catered to a lot of seniors, aging Baby Boomers, and so on. You know we are all getting up there. Having an office on the ground floor, with wheelchair and scooter access, certainly makes it easier. You got a spot out front, Val!

LAUGHTER

HARMAN: You will get clients that are upset. They will be irate. They may be justified; they may not be justified—you are going to deal with both. The best way—again, I point back to being empathetic—is to get into their shoes and look at it from their point of view to find out why they are upset. That will make you better equipped to resolve the issue and move forward with them.

Onceyourectifythingsbyaddressing their concerns and you complete the deal, they will turn around and say thank you, and that everything eventually worked out great. You will retain that client. You can’t solve everybody’s problems, but if you can take that approach each time, you will achieve a pretty good percentage of happy clients.

Ultimately,peoplewanttobeconfident that you are efficient, and they want you to be friendly.

THE SCRIVENER: Please tell us about yourmentors.

MICHAEL:Mydadwasmyfirstbusiness mentor. He had an old-European style. I will tell you my father should have been a diplomat withtheUnitedNations.Irememberone situation when I started with him before I was commissioned. He was the executor for an estate. I sat in the background while he spoke with five beneficiaries who had been behaving abhorrently.

Mydadhadbeenappointedexecutor of their late mother’s estate. The kids were all in their 50s and they were stealing stuff from the houses and collecting rents that they shouldn’t havebeencollecting.Oneofthemwasgoing to sue the estate because he felt he deserved more than the other kids.

Dadfinallygotfedup.Inacalmand quiet voice, he said, “Here is the distribution of the estate according totheWill.Outofrespectforyourmother, I have cut my fee in half as executor. You have all been behaving like children. You have 2 weeks to get this signed off. If not, I will make an application in court and I’m going for the full fee. Get out of my office.”

I was absolutely stunned.

THE SCRIVENER:Harman,whereisyourofficesituated?

HARMAN: I’m on the 2nd floor and we have elevators for wheelchairs and scooters and ample free parking at the front and the back. It’s a huge complex.

THE SCRIVENER: Let’s talk about what happens when there is a crisis or an upsetclient?

MICHAEL: The crisis files usually land on my desk, and so they should. Somebody may be angry or upset. Fortunately, that happens very, very seldom in this office; we stay on top of things. A lot of times, a crisis will arise in a last-minute deal.

You must figure out where the challenge is.

A client may say, “Why can’t I come in to sign now?”

“Well,” I say, “we still need the mortgage documents from your broker. I’ve talked to your broker. You might want to give the broker a call to see if you can help speed things along. UltimatelyIneedthosedocumentsto be able to complete your file.”

Without assigning blame, I steer the ownership of the scenario.

When I have a client in my office, I have only that file on my desk. No other file…I give my clients my

undivided attention.


We are so user-specific in our business and we are often required to manage or control a situation. PerhapsDadwasalittleheavy-handedbut it certainly was a great learning experience.

MygirlfriendJenniferisamanagerin a public corporation and has had much training in public relations. In her position, she deals with some nasty people. She has taught me a few tricks about de-escalating a situation . . . keeping your voice calm and so on.

THE SCRIVENER:Harman?

HARMAN:Mydadhasbeenmymentor on everything for my whole life. I remember when I first decided I wanted to become a BC Notary. WhenDadwastakingtheNotaryPreparatory Course, he started to write all his assignments in pen. Although he was very savvy with computers, typing wasn’t easy for him so I would type his assignments.

I took a lot of interest in his work. If I questioned whether something he had written was correct, he would clarify it and tell me why it was right. The work appealed to me. When he opened his Notary office, he took me along to negotiate with Notary Howard McCarthyinTsawwassentopurchasehis Notary Seal. Basically from the beginning to the end, I was a part of the whole process of setting up his office, then I got to work for him.

I learned from my wife SimritaJohal-Virkabouthowtohandleconfrontation.Mywifeworkedin public relations for quite some time. When she was with the Fraser Health Authority, any time there were problems or complaints to the Heath Authority, the media would go to her. I admired her skills in handling the patient issues.

THE SCRIVENER: Please share an interestingexperiencefromyourbusiness.

MICHAEL: A couple of years ago, one of my longtime clients comes into my office and sits down in that chair where you are, Val.

“Michael,I’mverysadtoday,”shesays.

“Marjorie,what’sthematter?”Iask.

“Iturned80today.”

“What is there to be sad about? You look absolutely fabulous!”

“I had to turn in my cougar pin; I’m not allowed toy boys anymore!”

LAUGHTER

I was laughing so hard, I was on the floor. Then she got this little glint in her eyes and she smiled at me.

“You got me, you little scoundrel,” I managed to say.

LAUGHTER

improveit.Discoverwhereyouneedto improve it. Go over things with your staff. Get into specifics like “This is where we dropped the ball on this issue; we need to rectify it. Let’s make sure it does not happen again.”

Some other important points are to develop a measurement of your customer service, reward your employees on a consistent basis, and offer positive reinforcement.

Customers value attention, dependability, promptness, and confidence.

Myfavouritewordinthiswholeinterview is empathy. It always works. The customer knows that you know where he or she is coming from.

MICHAEL: It is so important to really listen and understand what the client wants.

• Keepoptimumtimelinesfordealing with your clients; they have busy lives and if they have to take time off work, visiting your officecancostthemmoney.Ona real estate file, where we have a month to work on it, we will often book the final appointment 3 weeks in advance so the client can give notice at work about the time he or she will coming to our office.

• Havetheclient’sfilereadyontime.

• Keeptheclientinformedalongthe way. If the situation involves a double-ender—the seller is closing the sale and buying a new property on the same day—advise your client right away that there isapotentialglitch.Offersomeoptions.

HARMAN: It works when you tell them up-front.

MICHAEL: The client has sold his house but he needs money the same day to close on the home he has purchased. You offer him options. Bridge-financing for only a few days may cost over $1000. It’s not a charge for the interest on the money; it is a bank fee for lending the short-term money. The interest might be nominal . . . say, prime plus 1.

HARMAN: I get some walk-ins into my office for notarizations from time to time. When I first opened my practice, a guy came in with a couple documents to have notarized; he said he needed his signature witnessed. I looked over the documents—some were from Revenue Canada. I saw no requirements for swearing an oath or a statutory declaration or creating a certified true copy. The documents required only a witness.

I went back to the client and said, “This doesn’t need to be notarized by me; it can be witnessed by anyone. Why are you wasting your money?”

He just looked at me and said, “I can’t believe you just told me that. You could have simply witnessed it and taken my money and I wouldn’t have known any better.” We immediately established a relationship of trust. To this day, that client brings all his business to my office and has been referring everybody he knows.

THE SCRIVENER: What advice would youliketooffertopeoplewishingtoimprove their level of customer service excellence?

HARMAN: Spend ample time on it. Set up a plan, have meetings, and work to

My favourite word in this whole interview is empathy.

It always works. The customer knows that you know where

he or she is coming from.


The bank will do “an assignment of proceeds,” lending him that money until the money from the sale of his house has come through. If expensive bridge-financing is a possibly, perhaps the closing dates can be moved apart by a day.

HARMAN: When you are doing a sale and a purchase on the same day, often the money doesn’t arrive in time for you to close the deal.

MICHAEL: The Realtors might say the Notaries and the lawyers will take care of it, but the client is in a potentially precarious position. A lot of times, unfortunately, the situation has not been explained to the client by the real estate professional.

It’s even worse if it’s all happening on a Friday. The next business day is Monday.Ioftenalertpeoplethatifthemoney doesn’t go though, they should be prepared to leave their stuff in storage and sleep in a motel over the weekend.

HARMAN: Long weekends can be a real problem. That adds one more day to the delay. With electronic filing, however, the percentage of that happening has gone down.

MICHAEL: You can do e-filing; you can’t do e-money.

HARMAN:That’strue,Maybeoneday.

LAUGHTER

THE SCRIVENER: Please tell us more aboutthewayempathyworksinyourNotarypractices.

MICHAEL: This reflects a little bit on what Harman said where he had a client come in who really didn’t need a Notary to witness the documents. I often have people walk in with a couple of declaration documents from a bank or credit union. The person might need a couple of documents signed. Perhaps he has just lost his spouse and needs 2 or 3 certified copies oftheDeathCertificate,whichmightbe only a week old.

Manytimes,inthatcaseI don’t even charge; I waive all the notarization fees, hand the documents

to the individual, and say, “You really have enough on your plate right now.” The person usually becomes emotional and says “Thank you.”

I suggest that when he is ready, and needs a little bit of help with something else, maybe re-doing a Will, he is welcome to come back to see me. Then I offer him one of my business cards. It’s such good public relations to do that.

HARMAN: That happens a lot in my office in dealing with the Indo Canadian community. When a person passes away, family members are given a sponsorship declaration for avisitfromIndia.Doyourememberthe bus accident on the highway with all the farm workers?

MICHAEL: Yes

HARMAN:Mostofthepeopleonthat bus died. I had three different families come into my office at that time to sponsor people from India to come in for the funerals. I think each family must have asked me to prepare documents for 5 or 6 people; I didn’t charge any of them for the work. The accident had just happened and everyone in the community was affected. I saw my work as a kind of community service.

MICHAEL: We still have to pay our bills and feed our children, but sometimes we just do it. It’s not even about getting the business down the road. That will inevitably come because you helped someone in a time of need.

That is one of the things my dad explained to me: Just because the client has the ability to pay doesn’t mean you should charge any differently.

HARMAN: When you help them in their time of need, it leaves a lasting impression.

MICHAEL: Huge.

HARMAN: Forever.

MICHAEL: People tend to come to Notaries before they see other members of the legal community. We take that little bit of extra time to show empathy in dealing with our clients. s

editor’s

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

To send photographs to the magazine, please . . .

• gotowww.graffiki.ca,and• clickon"SendAFile."Fromthetopbox,deletethewords "Youre-mail."Inthatnow-emptybox, type youremailaddress.

Send up to 5 photos at once. Repeat as necessary.

The MiX showcases interesting and timely articles. Consider submitting an article to the publication. Write to [email protected].

Deadlineforarticles:February15

NExT ISSuE, Spring 2012 Working TogetherThe changes to BC’s Adult Guardianship legislation focus on existing personal planning instruments—notably enduring Powers of Attorney and also Representation Agreements andAdvanceDirectiveswherea person can give authority to a trusted loved one to make life-support decisions.

BC Notaries, lawyers, health care professionals and other caregivers are working together to assist the public in the creation and implementation of these documents. The Cover Story interviewwillfeatureDr.RobGordon,theDirectorofSFU’sSchool of Criminology.

Dr. Rob Gordon of SFU


Kate and the Mulroneys. House of Commons, Christmas 1987

my father delighted in telling the story of how he drove my

mom through heavy November fog to the hospital in Windsor, ontario, to facilitate my birth!

I was never quite sure whether thestoryhadmoretodowithDad’sdriving skills or the fact that his 4th-born child came into this world in a fog.

MyparentsownedadairyfarminEssexCounty,Ontario.After2½yearsthey pulled up stakes and headed West, stopping for reasons unknown to any of us, in Vernon, British Columbia, where I spent my formative years.

Myfirstjobwasatage12½,selling dry goods for a local store. IlovedtodesignBarbieDollclothingso working with sewing supplies was right up my alley. A few years later, ourfirstA&WDrive-InopenedandI landed a job there on weekends and holidays. About a year later, I traded in my orange-and-brown uniform to work weekendsintheFashionDepartmentof the newly opened Eaton’s store.

Aftergraduation,IjoinedCJIBRadio in Vernon, which began a 25-year broadcasting career that would take me to C-FAX Radio in Victoria (where daughterMeghanwasborn),backtoAbbotsford (son Simon’s birthplace)

• RemainintheRidingorsetupasecondhomeinOttawafromSeptembertoJune,whenschoolwas in session.

• Ifwestayedintheriding,shetoldusourMPspouseswouldreturnhome late on Friday nights, be booked with appointments all day Saturday, spend Fridays, Saturdays, and Sundays at “events,” then catch the red-eye flight back to OttawaonSundaynight.

Her advice was to grab the brass ring and make our elected years in federal politics the best possible, which we did.

where I worked with the team at CFVR Radio,thentoCKEGRadioinNanaimo,which eventually led to employment with the radio station in beautiful Parksville, BC.

In the late ‘60s, the Canadian Radio and Television Commission (CRTC) was asking for bids on a second broadcasting licence for Nanaimo; luckily, our group of business associates was granted that licence.

I loved to design Barbie Doll clothing

so working with sewing supplies

was right up my alley.

While living in Parksville, we became involved with the PC Party ofCanada.IwasCampaignManagerfor my then-spouse who won the nomination at a highly contested meetinginJune1984andlaterwaselected to the House of Commons astheMemberofParliamentfortheRiding of Nanaimo-Alberni.

DuringmyfirstorientationtriptoOttawathatSeptember,along-time Parliamentary Spouse spoke to a large group of us newbie spouses; her comments really struck a chord with me. She said our families had to quickly make a choice.

ProFile of a BC NoTaryKate manvell: West Vancouver

grab the Brass ring!

BC NOTaRIES

©iStockphoto.com/constantgardener


Swearing-In, November 10, 1989

OuryearsinOttawawereincredibly exciting. I was personally blessedbyPopeJohnPaul(I’mconvinced the little black cocktail hat I was wearing drew his attention to where we were standing). I met theamazingnow-BaronessMargaretThatcher and her very interesting husbandDennisduringtheirvisittoExpo’86.

Oneofmyfondestmemorieswas being personally “presented” to members of the Royal Family; PrinceCharlesandLadyDiananotonly visited our riding of Nanaimo-Alberni, we had the opportunity to have dinner with them later that evening, in Vancouver. Also at the dinner were many other world leaders and their spouses and foreign diplomatsandMembersofParliamentand their spouses, many of whom became personal, lifelong family friends.

I quickly learned during those yearsinOttawathatitdidnotmatterwhat position in life we might or might not have or how recognized we were or weren’t on the world stage. The fundamental goal of each of us was to love and be loved.

DuringtheworkdaysinOttawa,aftergettingMeghanandSimonto school, I’d head to the House of Commons where I helped in the officeoftheMPonprojectsfororganizations back in the Riding.

I quickly became involved in the Parliamentary Spouses’ Association that represented all three then-federal political parties as well as the PC Party of Canada Parliamentary Spouses’ Association, holding various positions on each Board ofDirectors/Executiveaswellaschairing committees that both groups supported.

worked on and for campaigns such as Transplant Canada and Literacy Canada, as well as the plight of battered women and children. Seeking government funding, all the organizations were overjoyed to have a Parliamentary Spouse or spouses help lobby on their behalf.

DuringChristmasandSummervacations, we’d all return home to the Riding, including our dear family cat Tye, a beautiful Sealpoint Himalayan. In1988,FreeTradewasintroducedto Canada and in various regions many Canadian voters felt their jobs and security were threatened. When Canadians went to the polls, many Parliamentary families were defeated in the November election that year. We returned home to Lantzville, where we quickly established a consulting firm.

IntheearlySummerof1989,I accepted a 5-year Privy Council CitizenshipCourtJudgeappointmentto the Court of Canadian Citizenship. The full-time position was in Vancouver so we packed up the family (including Tye, of course) and moved to West Vancouver, our home for the past 22 years.

Not only a huge honour for me, this appointment gave me an incredible opportunity to expand my knowledge and further understand the marvellous diverse traditions and cultures of the people who have come to Canada from every corner of the

When needed back in the Riding,IwouldjointheMemberof Parliament on a flight back to the Riding. Those whirlwind weekends gave me a taste of the gruelling task of“Western”MembersofParliamentelected to the House of Commons. We’d arrive back in Nanaimo on an afternoonflightfromOttawaandbe quickly shuttled off to our first engagement. The evening may have been young in Nanaimo (6 pM), but for our body-clocks, it was 9 pM. Then suddenly it was Sunday and we were onthered-eyeflightbacktoOttawa.

DuringthoseyearsinOttawa,I took a personal interest and

…Prince Charles and Lady Diana not only visited our riding of Nanaimo-Alberni, we had the opportunity to

have dinner with them later that evening, in Vancouver.

Kate’s first Canada Day Court. Penticton, BC, 1990


world and every walk of life to build a new and better life.

Onmorethanoneoccasionduringthe singing of O Canada at the end of each Swearing-In Ceremony, tears rolled down my face. Those years with the Citizenship Court brought me a new appreciation of being able to say I am a Canadian.

A year before my 5-year tenure would end with the Court, I put great thought into what I would like to do next. I was then a single parent raising MeghanandSimon,bothteenagers.I actually thought about studying to be a BC Notary at that time, but knew I didn’t have that luxury because I had to keep a roof over our heads for many years to come.

The business of helping people emigrate to Canada had become a very hot industry, so I returned to the private sector in September 1994 and openedmyprivatepractice,K.Manvell& Associates, as an Immigration practitioner. That turned out to be a good decision.

Call it an epiphany, but one morning in the Spring of 2002 I woke up and decided I needed to do something I’d always thought about doing—apply to the BC Notary Society to study as a student in their Notary Preparatory Course. After a few challenges, I stood proudly with the Class of 2005 onMay5,2005—05.05.05—inBCSupremeCourttotaketheOathofOfficeasaNotaryPublicfortheProvince of British Columbia.

As BC Notaries, we are given incredible support through The Society—the PAL Help Line, the MembersWebsite,continuingeducation seminars that include our Notary Chapter meetings, regular informationbulletinsfromtheCEOof The Society of Notaries that keep us informed, and our information-sharing and friendships with the members.

At the September BC Notaries’ AGMinKelowna,IwaselectedtotheBoardofDirectors,alongwithnewBoardmembersLorneMann,FilipdeSagher,andDavidWatts.Assignedto various committees, we four had the chance to get our feet wet in earlyNovemberatanOrientationandStrategic Planning weekend seminar. OurExecutiveCommitteeandeachDirectorareverycommittedtoservingour membership.

Iliketoreflectbacktothe1984advice of the Parliamentary Spouse: When it’s offered, grab the brass ring of life! s

Attending each gathering of BC Notaries—be it our Spring and Fall Seminars and Conferences, AGMs,Educationseminars,orChaptermeetings with my fellow Notaries—is always a great rush for me.

Attending each gathering of BC Notaries—

be it our Spring and Fall Seminars and

Conferences, AGMs, Education seminars, or

Chapter meetings with my fellow Notaries—is always

a great rush for me.

Time in Hong Kong to explore in November 1997 with son SimonBusiness/Social visit to Taipei Taiwan with Simon.

At a Buddhist Temple, 1997

Blossom, “the Notary Dog”

OnAugust15,2005,Iopenedmy BC Notary “boutique” practice in West Vancouver and have never looked back.

I’ve been blessed over my life. MyfirstmentorwasmyeldestsisterMargiePhillipsandofcourseherfamily. They were always supportive—through the rocky-road days and the smooth-sailing ones, along with my son Simon who has been there these past 34 years, giving me love and support. Simon is our techy and marketing guru at the office; he spends countless hours keeping the office functioning well. And who knows? Perhaps one day Simon will join the ranks of the BC Notaries. There’s nothing I’d love more!


Photo Credit: A. Mendel

BC NOTaRIES

my family has lived inthisquietcornerof metro Vancouver

for almost 25 years.

Incorporated in 1912 after separatingfromtheDistrictofNorthVancouver, the West Vancouver community has a population of over 42,000 people (2006) nestled on the North Shore of Vancouver, with Lions Bay to the west and North Vancouver to the east.

The names of many neighbourhoods trace back to Scottish ancestry—for example,Ambleside,Dundarave,

a continuous line to Prince George in 1956. Today the line facilitates the transportation of coal, grain, ore, and forest products for export.

The 134-kilometre Sea to Sky Highway stretches from Horseshoe Bay to Squamish, Whistler, and Pemberton beforebecomingtheDuffeyLakeRoad.Duringthe2010WinterOlympics,itwas the crucial transportation link to the Whistler venues because neither train nor air transportation was a viable option for the masses of people entering the area.

West Van was previously accessible only by ferry. The building of Lion’s GateBridgein1938facilitatedextensive development to this community. The leaseholder of the land on the Vancouver side of the bridge did not have the money to purchase land to build homes on the West Van side. To draw people into moving to West Vancouver, Britain’s Guinness family purchased 4000 acres of mountainside at$18.75anacre;1600acresweredeveloped into the “British Properties” at a cost of $50 per acre. The bridge, whichcost$5.8million,wasofficiallyopenedbyKingGeorgeVIandQueenElizabeth during their Royal visit to Canadain1938.

The Guinness family charged a toll of 25 cents per car for 20 years

Whytecliff, Hollyburn, Glenmore, and Gleneagles.

West Vancouver was a key component of the 2010 Winter OlympicGames;CypressMountain,1 of our 3 ski hills, was the venue for the snowboarding and freestyle skiing events.

West Van was previously accessible only by ferry.

The building of Lion’s Gate Bridge in 1938 facilitated extensive development

to this community.

West Van is integral to the Mainland’svehicleandtraintransportation routes. BC Ferries sail out of Horseshoe Bay to Vancouver Island, Bowen Island, and the Sunshine Coast, carrying up to 200,000 passengers a month. The Lions Gate Bridge provides a critical link to the downtown core of Vancouver for over 60,000 vehicles a day.

OriginallyknownasthePacificGreat Eastern Railway, beginning in 1912 the CN Rail Line that runs along the waterfront initially served to connect North Vancouver to West Vancouver, before finally becoming

West Vancouver •Thesecond-highestpercentage

of people age 65+ in the province

•About95%ofthehomes(closeto 16,000) worth $1 million

•Homepricesin2011:Averageover $2 million. Top of the market: $30 million

•Oneofthecountry’swealthiestmunicipalities; average incomes nearly double the provincial average

The Wonder of West Vancouver!

Simon Manvell


before selling the bridge to the Province of British Columbia for $5.9 millionin1958.In1986,asagifttoWest Vancouver, the Guinness family purchased and installed the decorative white lights that make the bridge a distinctive landmark. In 2009, the mercury vapour bulbs were upgraded to LEDlightswitha12-yeardutycycle.

Another well-known West Van landmark is the Park Royal Shopping Mall,locatedatthenorthendoftheLion’s Gate Bridge. The Guinness family felt the addition of a shopping centre would increase the desirability of living in West Vancouver and provide much-needed local services. It was named after Park Royal, the London suburb where a Guinness brewery once stood. When opened in 1950, Park Royal was Canada’s first shopping mall; initially an open area, it was enclosed in 1962.

ThemallisdividedbyMarineDrive—amainroadinWestVancouver—into Park Royal North and South. When I was growing up, the highlights of the mall were a movie theatre, golf driving range, and a bowling alley. All three have been replaced by high-rent big-box stores—WholeFoods,HomeDepot,andHome Sense.

Although part of today’s TransLink system, the West Vancouver Blue Bus—the municipal transit system—is still owned and operated by the MunicipalityofWestVancouver.Running since 1912, it is the oldest continuously operated municipal bus system in North America.

In 2010 and 2011, in a joint project with TransLink and the governments of BC and Canada, the approaches to the Lion’s Gate Bridge from North and West Vancouver were drastically improved to include a bus lane, a priority signal, and bicycle lanes. That made bus transit from the North Shore into the downtown core the fastest method of transportation during the busy rush-hour periods.

West Van has about a dozen dog spas where our Blossom can get a “bath and tidy” on a regular basis.

To me, the reason every person needs to experience the area at least once is the West Vancouver seawall. Correctly known as the Centennial Seawalk, it runs west from just behind ParkRoyalMallto25thStreet.Openedin1968tocommemorateCanada’s100th birthday, after many additions and extensions the seawall now spans 4.5 kilometres of paved, lighted, and unbelievably scenic walkway along the waterfront of Burrard Inlet. Throughout the day, you can watch the big tankers, the Alaska cruise ships, pleasure craft, and seaplanes. Later, you can watch the sun dip behind Valdes Island to the west and see the lights come on in the City of Vancouver and on the Lion’s Gate Bridge.

InDecember,localcharitiessetup Christmas trees at the 25th Street end of the seawalk and businesses decorate them. The trees are on display for the weeks leading up to Christmas, and visitors offer donations

…the seawall now spans 4.5 kilometres of paved, lighted, and unbelievably scenic walkway along the

waterfront of Burrard Inlet.

for the pleasure of seeing the exciting spectacle. Although also open all day, the display is fun to visit in the evening when cold temperatures call for good company and a hot chocolate to properly appreciate the glow of the lights, the colourful decorations, and the Season’s good tidings.

Throughout the year, West Vancouver hosts many cultural events. The most prominent is the Harmony Arts Festival, held on the waterfront seawall in Ambleside for 2 weeks, startingontheBCDaylongweekendin August. The Festival combines visual and performing arts along with food and drink. You can enjoy art shows during the day and take in a live band in the park just after sundown. s

The display tree decorated for Christmas 2011 by the Kate Manvell Notary Corp.

The West Vancouver Seawalk


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The directors of The Society of Notaries Public of BC, 2011 – 2012

Front Row: Lorne Mann, Susan Davis, Tammy Morin-Nakashima, President John Eastwood, Akash Sablok, and Trish FedewichBack Row: Joan Letendre, Kate Manvell, Del Virk, Filip de Sagher, Jessie Vaid, Derek Smoluk, David Watts, Linda Manning, and Susan Tong

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BINFET, RICHARDSON & COMPANY NOTARIES PUBLICA. W. (BILL) BinfetD.B.A., B.Sc (B.A.), C.I.T.T., R.I.(BC) N.P.Conveyancing • Wills • AttestationsPowers of Attorney • Mobile Homes

434 Main Street, Penticton, BC V2A 5C5 Bus: (250) 492-3110 • Fax: (250) 492-7992

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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 Tel: 250 338-6251Courtenay, BC V9N 2R6 Fax: 250 338-5337 email: [email protected]

Kathryn (Kate) GreeninGNotary Public

telephone: 250 338-1445 320 tenth StreetFax: 250 338-6638 courtenay, bctoll Free: 1-800-335-8338 V9N 1P5

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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”


When you open the doors to the Terminal City Club, you know

you’re in a special place.

As stated on its Website, “the Club has always played an important role in the city’s life, and its members have made and continue to make significant contributions to the business activity of the City of Vancouver and the Province of British Columbia.”

MuchliketheNotaryFoundationof BC.

When I walked into the BC Notaries’ event at the Terminal

exceptional emcee/master of ceremonies; he added just the right element of formality to a crowd eager to mingle.

In their words to us, Wayne; Stan Nicol, Secretary of The Society from 1986to2000andthefirstExecutiveOfficeroftheNotaryFoundation;andSusanDavis,ChairoftheBoardof Governors of the Notary Foundation, provided warm glimpses into the history and the dedicated individuals that have shaped the organization.

When Stan shared the story of “the early days,” we could visualize him, sitting alone in his office in 1986,searchingforjusttheright

CityClubonOctober20,2011, IfeltIwasjoiningafamily.Ournamebadges bore the names of many organizations, yet we were all there for the same reason.

WayneBraid,ExecutiveOfficerof the Notary Foundation, was an

WoW! What an achievement!

25 years and 40 million dollars!

When Stan shared the story of “the early days,” we

could visualize him, sitting alone in his office in 1986, searching for just the right

words…to set forth the idea of a Notary Foundation.


Vanessa Noga

From left: Susan Davis; Wayne Robertson; Lisa Nakamura, Attorney General-appointed member of the Board of Governors of the Notary Foundation of BC; Wayne Braid; and Stan Nicol

Phot

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edit:

The

Scr

iven

er


words for his letter to the Attorney General of BC to set forth the idea of a Notary Foundation. It began with a shared idea from the Law Foundation. It is clear that this sharing continues to be strong today under the leadership of Wayne Braid and Wayne Robertson,ExecutiveDirectoroftheLaw Foundation.

Wayne Braid was delighted to announce that the Notary Foundation has raised more than $40 million over the past 25 years. That was a moment to pause and celebrate the immense value created by pooling together assets that, individually, were not valued.

It was exciting to see the tremendous reach of this Foundation. As I toured the room, I was welcomed by each new group I joined. Interested to learn of the many connections among the invitees, I listened to stories from the Governors of the Foundation, BC Notaries, people from several real-estate-based organizations, and representatives from the Legal Services Society that has received the bulk of the $40 million.

These individuals also attended the event.

• Former Foundation Chairs Brent Atkinson, Ernie Janzen and his wife Agnes, George Tanco and his partner Eileen Smith, Leta Best, and Ken Sherk

• PastNotaryFoundationGovernorRobert Adamson and his wife Mary

• CurrentNotaryFoundationGovernors John Eastwood and his wife Bryanne, David Moore, Lisa Nakamura, Akash Sablok and his wife Raj, and DelVirk

• DirectorsofTheSocietyofNotaries Filip de Sagher and his wife Hilde, Trish Fedewich, Joan Letendre, Kate Manvell, Susan Tong and her husband Charles Mow, and David Watts

• Terresa Augustine, Executive Director,thePeople’sLawSchool

• KariBoyle,ExecutiveDirector,MediateBCSociety

• Harold Clark,DirectorofStrategicPlanning Policy and HR, Legal Services Society

• Rick Craig,ExecutiveDirector,Law Courts Education Society

• JaneDyson,ExecutiveDirector,BC Coalition of People with Disabilities

• Jim Emmerton,ExecutiveDirector,BC Law Institute

• Patricia Fulton,Director, NIDUSPersonalPlanningResource Centre

• Christine Gordon, President, NIDUSPersonalPlanningResource Centre

• DaveHayer,MemberofLegislativeAssembly for Surrey Tynehead, BC

• Sasha Krasnov Commercial AccountManager,RBC

• Robert Laing, Chief Executive Officer,BCRealEstateAssociation

• DonMayers, Financial Consultant to the Notary Foundation of BC

• Rob McConnachie, Chief InvestmentOfficer,DixonMitchellInvestment, and his wife Leanne

• Todd McKendrick, Legal Counsel for The Society of Notaries

• Jamie McLaren,ExecutiveDirector,Access ProBono

• Rob Mitchell,President,DixonMitchellInvestment,andhiswifeDebra

• Margaret Sasges, Chair, The Law Foundation of BC

• Todd Shewfelt, Vice President, Commercial Banking, Royal Bank

• Eileen Smith, Chair, Real Estate Foundation of BC

• Brenda Southam, Executive Director,RealEstateInstituteof BC

• Tania St. John Muirhead, Faculty ofLaw,SimonFraserUniversity

• Ron Usher, General Counsel, The Society of Notaries Public of BC

• RickValouche, President, BC Real Estate Association, and his wife Wanda

• Vanessa Wellington-Clark, DonorRelationsManager,YWCA Vancouver

As a member of RBC, I felt very proud to be part of this family, to be celebrating this anniversary, and to be an integral part of this success. Life’s richness comes from those we meet along the journey; the richness was certainly alive on that evening.

When Stan Nicol was creating this system of pooling the interest earned on BC Notaries’ trust accounts, he envisioned a model where $1 million per year could be raised. After 25 yearsinbusiness,theresultsare60%above projections! That’s a record any company would be proud of!

Congratulations to the Notary Foundation for 25 years of helping the citizens of BC through legal aid support, scholarships, grants, and education. BC is a better place because of you.

The Notary Foundation is the recipient of the interest that BC credit unions, Canadian chartered banks, and trust companies must pay on clients’ funds when they are held in trust by a BC Notary. To see how these funds are used, please see page 46. s

Vanessa Noga is the Senior account manager, Commercial Financial Services, rBC.

royal Bank of Canada 3rd Floor 1025 West georgia Street Vancouver, BC V6e 3N9

Voice: 604 665-8507 Fax: 604 665-0992 [email protected]

Congratulations to the Notary Foundation for 25 years

of helping the citizens of BC through legal aid support, scholarships, grants, and education. BC is a better

place because of you.


funds earned from the Trust Accounts of BC Notaries

$40,149,397

24 millioN

30 millioN

18 millioN

12 millioN

6 millioN

Susan Davis, ChairKen SherkJohn EastwoodAkash Sablok

Dalminder(Del)VirkDavid MooreLeta BestLisa Nakamura

The Board of Governors of the Notary Foundation of BC is comprised of

• 8membersoftheBoardofDirectorsof The Society of Notaries Public of BC;

• 1representativefromtheAttorneyGeneral’s office in Victoria;

• 2Directors-at-Large,appointedbytheAttorney General; and

• theExecutiveOfficer.

The members from The Society are elected bytheDirectorsofTheSocietyfromamongtheir ranks, for a 3-year period.

The Current Governors

G.W.(Wayne)Braid, Executive OfficeroftheNotaryFoundation,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.

The 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

Dalminder Virk

Lisa Nakamura

Leta Best

David Moore

as of November 30, 2011

Wayne Braid



DearWayne:

I would like to offer my sincerest congratulations to you and the Notary Foundation of British Columbia on achieving the notable milestone of 25 years in business.

The type of longevity that your business has demonstrated is worthy of recognition, especially when coupled with the important role of your organization here in BC in providing legal aid, education, grants, and scholarships.

I also wish to express our gratitude for our long-term relationship with the Notary Foundation, dating back to1988.Ultimately,thebank’ssuccessisreflectedinthat of its clients and there is no better measure of that success than the strength of clients like you.

Thank you very much for your business.

I look forward to many more anniversaries such as this one.

Yours truly,

DearWayne:

I had the great pleasure of attending the Western Canada General Counsel Awards lasteveningwhereJimEmmertonwaspresented with the Lifetime Achievement Award.TheAwardrecognizedJim’sleadership and achievements in his corporatecareeratLabattsandMethanexand, more recently, at the British Columbia Law Institute (BCLI) and Canadian Centre for Elder Law (CCEL).

Inhisacceptancespeech,intypicalmodestJimfashion, he took the opportunity to remind the audience, which was comprised of senior lawyers and senior in-house counsel from all over Western Canada, that as lawyers we have both an opportunity and an obligation to make the world a better place.

Hismessagewasverywellreceived.Ofcourse,weallwellknowJim’sleadershipskillsandwhathehasaccomplished at BCLI/CCEL but it was very gratifying to see his achievements recognized in the broader legal community. CongratulationstoJimforawell-deservedhonour!

Best regards,

ron a. Skolrood, Partner lawson lundell llP

Jim Emmerton

letters to g. W. (Wayne) Braid, executive officer of the Notary Foundation

royal Bank of Canada 3rd Floor – 1025 West georgia Street Vancouver, BC V6e 3N9

Voice 604 665-0478 [email protected]

1600 Cathedral Place 925 West georgia Street Vancouver, BC V6C 3l2

Voice 604 631-9134 [email protected] www.lawsonlundell.com

Wayne Braid

Todd Shewfelt, Vice President rBC Commercial Banking

www.

wild

man

phot

ogra

phy.c

om



on april 1, 2010, two key mediation organizationsinBritish

Columbia joined forces.

TheB.C.MediatorRosterSocietyandtheD.R.InnovationSociety(formerlytheBCDisputeResolutionPracticum Society) merged to form MediateBCSociety.Nowinoperationfor18months,itisquicklyevolvingintoa leader in the mediation field. We are committed to continuing to work to improve access to justice and effective conflict resolution for BC citizens.

Soon, mediators on the rosters will have access to a special “members only” page that will provide discussion forums and access to documents, forms, and other tools that will help provide an online community of practice.

What Does Mediate BC Do? MediateBChasexpertiseandexperience in a wide variety of dispute resolution tools and processes and we specialize in mediation. Currently, our primary activities include the following.

1. We promote mediation and provide mediation services to the public.

2. We administer the Court MediationProgram(CMP)infiveregistries of the Provincial Court ofBC.Manysmallclaimslitigantsare able to settle their disputes with the assistance of a skilled mediator during a free, 2-hour mediation session.

3. We offer a small-claims mediation practicum in connection with the CMP.Thepracticumprovidesopportunities to develop skills in mediation, communication, and facilitation by co-mediating real small-claims-court disputes with an experienced mediator/mentor. A number of BC Notaries have completed the practicum; some have become Small Claims MediatorsandMentorsintheprogram.

Kari Boyle

In addition to its new name, MediateBCdevelopedanambitiousvision, mission, and strategic plan and launched a new Website. (www.mediatebc.com)

The Website

• helpspeoplefindaqualifiedroster mediator (civil, family, or child protection),

• describestheMediateBC’sSociety’s many programs and special projects, and

• provideshelpfulresourcesabout mediation.

mediate BC Society:Prevent, manage, and resolve disputes

with Practical, accessible, and affordable Choices

Mediate BC Society

!mproving access to 0us2ce and e4ec2ve con5ict resolu2on in 78

Training & ;duca2on

Mentoring

Design services

8ontri>u2on to policy dialogue

Media2on services Mediator Rosters

Professional Development

Research & advice

Thursday, October 27, 2011

Mediation Services

Research & Advice

Contribution toPolicy Dialogue

Improving Access to Justice and Effective Conflict Resolution in BC

Design Services


4. OurChildProtectionMediationPracticum Program has successfully completed its mandate to increase the number of mediators on the Child Protection Roster who are Aboriginal or from nonurban areas.

5. We offer mediators a variety of educational and professional development opportunities.

6. We are currently developing a new program to link family mediators with skilled mentors in their region to provide the mediator with experience and to assist families to resolve disputes arising out of separation and divorce through a co-mediation model.

7. We are bringing our various family mediation initiatives together under one umbrella to ensure families receive the best available referral to meet their needs.

8. Weadministerrostersofciviland family mediators and provide assistance to those who are seeking the services of a mediator.

9. WeworkwiththeMinistryof Attorney General’s Child ProtectionMediationProgramtomanage the information about the mediators on its Child Protection Roster.

10. We offer a complaint process regarding mediators on our rosters.

11. We participated in the development oftheVancouverJusticeAccessCentre(VJAC)andhelpedestablishavitallinkbetweentheVJACandthe Notary community in British Columbia.OurMediationAdvisorintheVJACoffersclientsinformationand referrals to mediators for both civil and family matters. The Notary Foundation of British Columbia provided a much-appreciated grant for equipment and promotional material to assist MediateBCandotheroutsideagenciestocollaborateintheVJAC.

12. We provide dispute resolution design services. For example, incollaborationwiththeOffice

of the Police Complaints Commissioner, we helped design, and we now administer, the mediation referral process for police complaints. We also offer conflict resolution training for professional standards staff and other police agency staff.

13. We contribute to the dialogue on justice reform and innovation in the province.

credible place to which they can refer clients with issues arising from separation and divorce.

A key goal of the project is to “take the next step” in learning more about technology-assisted family mediation, including how safety screening and management of emotional dynamics can best be done when the mediator and clients are not in the same room.

The project involves a small group of specially trained and experienced family mediators conducting mediations using common information and communication technologies. The mediator meets with the parties “from a distance” using the technology that best suits the clients’ circumstances and preferences.

The project is particularly interested in testing the use of computer-based videoconferencing because, at this point in the evolution of technology, it appears to provide mediators with the most useful and familiar tools. The choice of technology is, however, ultimately up to the clients.

If they prefer, the mediator meets with them using the telephone or other communication tool, such as email or a dedicated online mediation platform. All the mediations are conducted without the clients and mediator ever having to meet in person or even leave their homes.

Another important goal of the project is to make family mediation affordable and available to all British Columbians, regardless of their location or income. The service is available in all parts of the province, as well as for people who live elsewhere but are undergoing separation or divorce in British Columbia. Private mediators participating in the project are available to handle the entire range of family issues.

The cost for their services is determined using a sliding scale rate based on the clients’ income and household size. The Family JusticeServicesDivisionoftheMinistryofAttorneyGeneralofBritishColumbia is also participating in the

14. With project funding from the Law Foundation of BC, we are

a. sponsoring a project that is exploring the implications of recent changes to the Canadian Human Rights Act and, in particular, working with a local First Nations community to assist it in designing a community-based dispute-resolution system;

b. conducting a pilot project to test the viability of using evaluative mediation in the context of disputes involving the eligibility of adult children to receive child support; and

c. conductingthe“DistanceFamilyMediationProject,”the third phase of a larger technology-assisted family mediation initiative launched byMediateBCin2007.The project is aimed at helping families experiencing separation or divorce who find it difficult to talk to each other in person because of physical distance or other factors.

A Focus on Distance MediationWebelievetheDistanceFamilyMediationProjectprovidesBC Notaries and others in British Columbia with an innovative and

Another important goal of the project is to make

family mediation affordable and available to all British

Columbians, regardless of their location or income.


project, making the distance mediation servicesofthreeFamilyJusticeCounsellors available. In keeping with theirusualpolicy,theFamilyJusticeCounsellors are available to assist eligible families with child-related issues, at no charge.

The evaluation of the second phase of the project drew several conclusions, among them that family mediations can be conducted appropriately, safely, and effectively using technology, and that there is a demand for technology-assisted family mediation in the province’s outlying areas. It also found that for many families, distance mediation may be preferred over traditional face-to-face mediation, particularly in emotionally charged situations.

What Does This Mean for BC Families?

There is no doubt that citizens are increasingly turning to the Internet and using technology to find information and to seek solutions to their problems. The legal services industry is already being challenged

bynewproductssuchasLegalZoom,which offers legal information and support services—including document preparation—completely online.

Families will also be seeking more convenient and affordable ways to obtain services around separation and divorce.

MediateBCbelievesthisproject will be enormously helpful in developing useful tools for family mediation, as well as for mediation in other areas and for other types of service provision.

If you’d like to know more about theDistanceFamilyMediationProject, you can find additional details under “FamilyMediationServices”onMediateBCSociety’sWebsite: www.mediatebc.com. For a more personal perspective on the project and on distance family mediation, you can follow the Project Coordinator’s blog at www.distancemediation.ca.

Please consider referring your clients to us if you think they may be assisted by this project.

[email protected]

Toll-freefromCanadaandtheUS:1-855-660-8406

FromVancouver:604660-8406

MediateBCenjoysbeinginvolvedin innovative initiatives to improve British Columbians’ access to justice and to help them find solutions for their problems. We believe in the power of collaborative decision-making, including mediation, as one part of an effective justice system and will continue to work toward that goal. s

Kari D. Boyle, executive director of mediate BC Society, enjoys using her legal, mediation, and management experience to assist the Society to work collaborativelytoimproveBCcitizens’access to viable and affordable dispute resolution options.


debating The laws of Champerty and maintenance*


on october 26, 2011, the Boughton law Corporation and the

British Columbia law institute jointly hosted the 4th Annual Great Debate at the Pan Pacific HotelindowntownVancouver.

The debate tackled the following resolution: “Resolved that the torts of champerty and maintenance should be abolished in British Columbia.” Have the ancient laws that limit involvement of third parties in litigation become another access to justice roadblock?

This year saw former Great Debatejudgesenterthefray:ChiefJusticeRobertBaumanandWallyOppal,QC,werejoinedonstagebyseasoned debate veterans Emily Clough of Alexander Holburn Beaudin & Lang LLP, and Tony Wilson of Boughton Law Corporation in a hotly contested battle of comedic chops and debating acumen.

As in previous years, the role of host went to Boughton Law

stage. Brandishing a broadsword, Wilson demonstrated that like a knight’s shining armour, champerty and maintenance might well be medieval, but they are also effective.

WhileJoostBlom,QC,andMr.JusticeJohnHallservedasjudgesfor the event, it fell to the attendees to make the final decision. This year markedtheGreatDebate’sfirstuseof an audience response system courtesy of CLEBC.

In addition to deciding the debate winners, attendees voted firmly in favour of the need for further research and law reform work on the topic of dealing with champerty and maintenance.

The trophy was then presented to thewinners,ChiefJusticeBaumanandMs.Clough,withallduefanfare.

This year’s fun and frivolous evening of dinner and debate was well attended by the legal and judicial communities, including The Society of Notaries Public and the Notary Foundation of British Columbia. The event was generously sponsored byourplatinumsponsor,TD,withadditional sponsorship and support fromManningElliottLLP,HUBInternational, Business in Vancouver, and CLEBC. s

* Maintenanceconsistsofapersonnotinvolved in a lawsuit providing improper assistance or funding for litigation. Champerty takes this a step further, referring to someone who improperly assists (or pays for) litigation while expecting to receive a share of the proceeds from the judgment.

Corporation’s George Cadman, QC, while the role of moderator went to CBCRadioOne’sRickCluff.

This year’s fun and frivolous evening of dinner and

debate was well attended by the legal and judicial

communities

The argument for the resolution to abolish champerty and maintenance was compelling and ultimately victorious. In her presentation, last year’s reigning champion Emily Clough proved once again that a picture is worth a thousand words—particularly if said picture is a cat macro from theInternet.ChiefJusticeBauman,tongue firmly in cheek, opined that champerty and maintenance should be abolished largely because he and his fellow judges did not wish to hear about them.

The opposing side, however, put on an excellent show. In one display of stellar showmanship, Tony Wilson summoned a knight in armour to the

fORENSIC fESTIvITIES

Tony Wilson

Chief Justice Robert Bauman

Wally Oppal

Emily Clough

The MiX

debating The laws of Champerty and maintenance*

:

Jim Emmerton


Land Champion Mark Angelo and REF Governor Stephen Mullock at Land Awards Gala 2011

From left: Yosh Kasahara, Janette Lau, Robin Petri, Joe Carreira, Heather Tremain, and Kyra Lubell at the mic

Heather, one of our judges, is an urban sustainability consultant and principal of Urban Fabric. The others, from ParkLane Homes, are involved with the winning River District project.

on the evening of November 3, nearly 300 people gathered at

theFairmontHotelVancouverfor the second land awards gala, hosted by the real estate Foundation of BC.

Undoubtedly,theywerethereto enjoy delicious food and great company; to hear keynote William McDonough,architectofCradle to Cradle fame; and to party at the hotel’s iconic Rooftop Lounge. They were also there to celebrate

for sustainable land use—for planning, development, and conservation work that implements best practices and also creates them.

This year, once again, we were honoured to recognize some groundbreaking work.

The selection committee short-listed 9 finalists in three categories: Private, public, and non-profit sectors. Ofthose,theychose3winners.TheFoundation also selected an individual award winner, our “Land Champion.” The Land Champion was announced prior to the gala evening and the three sector awards were announced from the podium.

Jack Wong

organizations and people leading the way with innovative approaches to how we use land in British Columbia.

The Real Estate Foundation introduced the Land Awards in 2010 to recognize initiatives demonstrating leadership, innovation, and collaboration related to the sustainable useandconservationofland.Ourgoal was to raise awareness of BC projects that are creating new models

The 2011 land awards

REal ESTaTE fOUNDaTION Of BC

This year, once again, we were honoured to recognize some groundbreaking work.


This Year’s Winners• PrivateSector RiverDistrictbyParkLaneHomes,

a new master-planned community in south Vancouver

• PublicSector MetroVancouver2040:Shaping

OurFuturebyMetroVancouver,the newly approved regional growth strategy

• Non-ProfitSector DarkwoodsForestCarbonProject

by the Nature Conservancy of Canada, a new methodology for financing forest conservation with carbon credits

• LandChampion MarkAngelo,OBC,OC,

internationally renowned river conservationist and founder ofBCRiversDay,WorldRiversDay,RudyNorthChairinRiverEcology at BCIT’s Rivers Institute

While the winning projects are certainly deserving of their awards, I want to emphasize the significant

contributions of all the finalists—and all the projects that were nominated.

Their efforts represent much good work occurring in BC and we are immensely pleased to be able to honour their forward-thinking accomplishments in the land-use arena.

Oneofthewayswehavedonethis is by producing videos profiling all the short-listed projects and the Land Champions in both 2010 and 2011. (Look us up on YouTube under RealEstateFdnBC.)

The Real Estate Foundation of BC is a funder of organizations doing positive work related to real estate and land use and has a bird’s eye view of many initiatives across the province.

The Land Awards program is one way the Foundation is able to

…I want to emphasize the significant contributions

of all the finalists…

exercise its role as a pivotal connector, sharing and promoting knowledge and practices that will help make BC a better place to live. s

Jack Wong, FCma, has been Ceo of the real estate Foundation of BC since February 2011. in addition to his Ceo responsibilities, Jack volunteers with the Vancouver Chapter of Cma British Columbia, Canadian Society of association executives, Vancouver Police Foundation, richmond museum Society, and the university of BC’s Sauder School of Business as anMBAstudentmentor.Heisafellowof the Ford Foundation’s regional Sustainable development Program, member of lambda alpha international, and associate member of the real estate institute of BC. during the latter part of his time at the Board of Trade, and immediately preceding his appointment as Ceo, Jack served on the real estate Foundation’s Board of governors.

Voice: 604 688-6800, X 104 [email protected]

Join the fight. Leave a legacy.Did you know that a legacy gift to the Canadian Cancer Society can fight cancer and protect your estate from tax? The Estate Tax Eliminator Clause can reduce your final taxes to zero.

You can help fund the best cancer research, prevention and support programs. For your copy of the Estate Tax Eliminator Clause and a Personal Estate and Will Planning Guide, please contact Toni Andreola at [email protected] or call 1 800 663 - 2524.

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Gifts to the Canadian Cancer Society fund research and prevention initiatives and help families like the Kents create life-changing memories at Camp Goodtimes.


at agm 2011 of the British Columbia association of the appraisal institute of Canada, Craig Barnsley, aaCi, P.app, of Vancouver, BC, was re-elected President for a 1-year term. The association has a membership of approximately 1000 designated and candidate members throughout the province.

The Association’s New Provincial BoardPresident Craig Barnsley, AACI, P.App Vancouver Chapter

Past President JohnPeebles,AACI,P.App

1stVicePresident GinaIronmonger,AACI,P.App KootenayChapter

2ndVicePresident BryanChambers,AACI,P.App OkanaganChapter

Directors Steve Blacklock, AACI, P.App Nanaimo Chapter

Bronwen Campbell, AACI, P.App Victoria Chapter

DavidGodfrey,AACI,P.App PrinceGeorgeChapter

GrahamHeld,AACI,P.App KamloopsChapter

William Henderson, AACI, P.App North West/Yukon Chapter

DouglasJanzen,AACI,P.App FraserValleyChapter

DanJones,AACI,P.App VancouverChapter

Leigh Walker, CRA CRA Representative

Advisory Positions/Non-Voting AICNationalBoardofDirectors:BCRepresentatives:JohnPeebles,AACI,P.App DanWilson,AACI,P.App

CandidateRepresentative:Tyler Beatty

Comprised of nine chapters in BC, the provincial association is affiliated withtheNationalAppraisalInstituteofCanada.Membersareawardeddesignations after completing extensive education, applied experience, and examination.

[email protected]

Craig Barnsley


lETTERS lETTERS lETTERS lETTERS lETTERS

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Sendusyourcommentsabout The Scrivener.

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i have been a long-time reader of The Scrivener. There is much valuable information in every issue that i pass along to others within my circle of influence and clients.

Recently, I was able to quote from The Scrivener’s FRAUD issue [Spring 2010] for an upcoming article I am writing on the subject of Sociopath/Fraud for another publication.

A frequent advertiser in The Scrivener, I will continue to be. The magazine’s professional and demographic target market is spectacular . . . the reach is approximately 20,000 readers per issue.

The audience of BC professionals helped support my wife Sherry’s trip toNairobi,Kenya,ona3-orphanageHumanitarianMissionfor“LiftTheChildren,” one of the charities with which I am affiliated.

I particularly enjoy the Tech articles by Akash Sablok.

Warmest regards,

R. Brent Lang


SPECIAL EDITION

Spring 2010 Volume 19 • Number 1



Spring 2010, Volume 19, Number 1

i have been both accidentally and beneficially a recipient of your excellentmagazineforayearorso. i seem to have inherited this subscription from our mla who occupied the mailbox before i did.

While reading through your magazine, I have utilized some of your association’s exceptional work on senior welfare issues.

The complex legal framework arising out of the missing protections for at-risk segment of the BC population has been well covered by many of your contributing Notaries.

Kudosonmanyhelpful,well-thought-out, and well-written articles.

Mostrespectfullyyours,

Rees Moerman Digniti®Home-HospitalProject aging-in-Place &Innovations in Frail Care


Fall 2011 Volume 20 • Number 3


Victoria Notary Sabrina Hanousek and her Fabulous Team!


INSIDE: Teamwork

Fall 2011, Volume 20, Number 3

Thousands of BC Decision-Makers Read The Scrivener!Thismagazinereachesthefollowingspheresofinfluence,quarterly.

• BCNotaries• LandAppraisers• LandSurveyorsofBC• Lawyers• RealEstateProfessionals• RealEstateBoardsand

associations• Age-FriendlyDesignates • Provincial/FederalCourtJudges• Registrars• MLAsandMPs• LifeInsuranceBrokersand

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advertising deadline for the Spring 2012 issue: March 6

Promote your services to our prequalified audience of Allied Professionals!

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Quarterly Press run: over 10,000 copies


MyrecenttriptoSt.LuciaandGrenada was a great getaway from our grey weather. Those islands are dependent on supplying most of the world with their homegrown spices and other unique products.

Mynextventure—aheritage/cultural trip still in the planning stage—is to my paternal grandfather’s villagenearDniepetrovsk(Zaporizhzhya),Khortytsya,Ukraine;Prague in the Czech Republic; and on to visit good friends in Vienna, Austria, and the medieval city of Bamberg, Germany.

The grandeur of riding in a fiaker—a horse-drawn carriage—in Schönbrunn Palace and eating a heuringen—a local farm delicacy—in Vienna Woods is always a thrill for me. This time, maybe there will be a symphony concert! I endeavour to learn a new recipe and a few new words from any area of the world I travel.

There is unity in diversity in this world that we should all value and appreciate! s

associate Notary Leona Reimer (Bailey) was commissioned in 1984, sold her practice in 2007, and continued as a locum until 2010. She is involved in yoga, building projects, and travel, mainly to her paternal grandfather’s village in the south eastern ukraine and toChernobyl,Slovakia,Hungary,andtheCzechRepublic.

[email protected]

Leona Bailey Reimer

I have sailed down the Nile in a felucca to Aswan, Egypt, and made volunteer travel journeys to France to assist international cycling groups to feed riders and take photos. Pilgrimage trips have taken me to Israel and the MiddleEast,culturaltripstoEuropeand Asia several times, and medical trips to Asia with friends.

The unity of diversity

Now I vary my travels with at least four major trips

per year…

Manyfriendshavemadepilgrimages to various areas of the world. For the past two Novembers/Decembers,friendshaveparticipatedin medical travel in Asia—mainly China,Thailand,andKoChang,nearthe Cambodian border. After much research, they opted for Asia for their dental/medical needs—from eye surgeries to dental implants.

The clinics chosen had Swiss-trained local Asian people, super-polite and very exacting in their professions. The price difference was significant and the quality of the work top-notch. It’s great to travel to countries in the world where most travellers are treated with respect and courtesy!

In Havana, Cuba, I met a group of ladies that were members of a horticultural society in England, there to teach the Cubans how to grow better vegetables for their salad ingredients. A wonderful idea—and very fulfilling.

TRavEl

The travel “bug” came to me at an early age. our family camped locally

and throughout the Western Provinces and the northern uSa.

After a trip to California in my teenage years with my concert band, I discovered the world was a big place for me to see. Within a few years, I became part-owner of a travel agency that specialized in cruises with all the major cruise lines. Through fam trips to Greece, Turkey, and everywhere in the Caribbean, I learned about other cultures and the diverse peoples of the world.

Now I vary my travels with at least four major trips per year—usually a last-minute discount cruise, an adventure trip abroad, a cultural or goodwill trip, and a provincial camping trip. It’s therapeutic to “rough it” by packing my gear into the woods and coming out after a few days . . . with others, of course.

MyadventuretraveltripshavetakenmetoMachuPicchuinPeruinthe Andes, to Cuba, to the Steppes in Eastern Turkey to live with the Kurdishpeople,andtoGeorgia,Armenia, and Bosnia.


during my career as a Biologist with Canada’s department of Fisheries

and oceans (dFo), i’ve had the opportunity to see and do some prettyamazingthings.

Onesuchopportunityarosewhena colleague approached me in the Spring of 2009 to ask if I would step in for him on a survey he was working on. When he told me the work involved piloting a small, one-man submarine—possibly to depths as great as 2000 feet—to look for cold-water corals off the coast of British Columbia, he didn’t need to say more. I was in!

The objectives of the survey were simple enough—locate, describe, and document, where possible, existing colonies of deep-water coral and, if possible, document the impacts of bottom-trawling on localities that have historically supported those colonies.

After a week of training in North Vancouver where we learned that roughly 90 percent of piloting a submersible is maintaining the life-support systems and conserving battery power, we were ready to go.

InearlyJuly2009,wedepartedVancouver and headed for dive sites in Queen Charlotte Sound and Hecate Strait off the Central and North coastofBC.Duringthefirst8daysof the survey, we encountered sponge reefs, schools of rockfish, and an amazing diversity of bottom fauna. We catalogued evidence of bottom-trawling at several locations but we had not found any extant stands of coral.

As fate would have it, the weather came up on the 9th day and we had to switch to an alternate dive site (Site 5 on the map), inside the protected watersofJuanPerezSoundoffthelower east coast of the Haida Gwaii, formerly the Queen Charlotte Islands. What follows is a dispatch or blog I was asked to write after our first successful dive, cataloguing a large and healthy deep-water coral community.

Onthechart,itlookedlikea good spot to find coral. All the ingredients were right—steep terrain, high current, just enough

When he told me the work involved piloting a small,

one-man submarine… I was in!

aNOTHER WORlD

The project was being spearheaded by a small Environmental Non-GovernmentalOrganization(ENGO)called theLivingOceansSociety.They’d managed to raise enough money to charter a surface support vessel, the Cape Flattery,andtwoNuytcoDeepWorker2000Submersibles.JenniferLash,ExecutiveDirectorofLivingOceans,hadalsoassembledaninternational team of scientists to work on the project.

great day at the office

Greg Workman


depth. Looking at the multibeam sonar data for the area, we could see a rocky ridge running south to north. Thesummitoftheridgewasatabout80metresdepth.To the west, the ridge has a gradual slope but to the east, there appeared to be a near-vertical wall dropping down to over 300 metres.

We launched the subs in the late afternoon.

MydivepartnerSheilaMcKennaandI“buddy-up”atthe surface, check in with the dive soup (supervisor), floodourballasttanks,andthrottledown.Duringdescent, we keep each other in sight. That makes things simple for our topside navigator.

Descendingthrough200feet,wepassthroughadenselayer of jelly fish. At 500 feet, we start passing through a heavy layer of krill being fed on by herring. By 700 feet, visibility starts to clear and we can see each other. Then, at 1055 feet, there’s a loud bang as I hit something.

UnlikepreviousdiveswhereIcouldseethebottomapproaching, I still can’t see bottom. I look to my left, thentomyright.Damn...“WEHAVEPIMNOA,”I radio to the surface over the underwater telephone.

Success! We’ve found what we’ve been looking for. I’ve landed on the crest of a large rock and on both sides of me are colonies of Red Tree Coral: Primnoa pacifica. While not the only species we’re looking for, it is certainly one of the largest and most conspicuous deep-water temperate corals on Canada’s Pacific Coast.

Adrenalin courses through my veins—there’s no chance I’ll get cold on this dive.

It’s time to go to work.

The subs are equipped with high-definition video cameras; one of our principle objectives is to collect as much video data on the species, size, and density of corals as possible.

I hover off the rock, spin the sub, and start filming. Onthisrockalone,thereareover20coloniesrangingin size from half-a-metre high and wide to monster colonies a metre-and-a-half high and 2 metres across.

Around the bases of each colony are Cup Corals, zooanthids, hydroids, and small anemones. Each colony serves as a mini condo for a variety of invertebrates. I see several species of crabs and shrimp hiding in the branches and, on one colony, I see the scourge of deep-water corals—Hippasteria, a sea star that grazes on Red Tree Coral.

A single medium-size healthy colony of Red Tree Coral (Primnoa pacifica). The two red dots are lasers spaced 30

centimetres apart, used to estimate the size of animals being filmed. This colony is 2 metres wide and 1.5 metres high. Red Tree is a gorgonian coral. Gorgonians, unlike some of their more familiar tropical relatives, are not stony. Their skeleton is made of a tough

flexible protein called gorgonin. The skeleton is covered with polyps—individual anemone-like animals that feed by capturing

prey from the water with their tiny tentacles.

A cloud sponge surrounded by anemones

Pink sea anemones, zooanthids, and Cup Corals

…on one colony, I see the scourge of deep-water corals—Hippasteria, a sea star

that grazes on Red Tree Coral

Myconcentrationisbrokenwhenthesurfacenavigatorcallsdown“DeepWorker7,lifesupport.”I’malittleannoyed at having my concentration broken and hesitant to stop filming. Then my training kicks in; I read off the oxygen pressure and percentage, the cabin pressure, look for water alarms and electrical faults, check the voltage of the batteries, and make sure the video deck isrecordingandthatmyCO2 scrubbers are on.

Now I can get back to work. We start filming again, covering the length of the ridge so we can get a good count of the number of colonies and an estimate of their size distribution and document the species that associate with the coral.


When it’s time to collect a sample for species identification, I fire up the manipulator arm and extend it toward a large colony. Controlling the manipulator arm while trying to hover the submersible in mid-water is a challenge for a guy who never played video games as a kid.

I get hold of a medium-size branch with the claw and try to break it off. No luck. The stuff is so tough. The sub is swinging around as I move the arm. I get a little less ambitious, grab a smaller branch, and collect the sample. We then get organized to run a transect.

To study the distribution of corals, we run linear transects at a fixed speed and on a set heading with the cameras rolling. The video footage collected will later be “scored” in the lab wherein all the animals of all species will be counted. As we progress up the wall on transect, we come across several more aggregations of Red Tree Coral, many sponges, anemones, and Cup Corals. At around 800feet,westarttorunoutofRedTreeandcontinueour ascent. At 400 feet, we pass through a large school of mixed Yellowtail Rockfish and Boccaccio.

As I approach the surface, I kill the thrusters, add a little air to the ballast tank, and ascend in silence.

Man,whatagreatdayattheoffice!

For more information, pictures, and videos on the Finding Coral expedition, please visit FindingCoral.com. s

Greg Workman is currently head of the groundfish section atthePacificBiologicalstationinNanaimo.HiswifeTiahisa BC Notary serving the Nanaimo area.

[email protected]

A PomPom anemone, vase sponge, and boot sponge. Below the vase sponge are about half-a-dozen small white Stylaster Corals. Stylater is one of the hard stony corals found on the BC coast. Also attached to this rock are hundreds of small Cup Corals

(Scleractinians) that look like small pinkish anemone but are in fact small cup-shaped stony corals with pink tentacles.

In the picture, most have their tentacles extended; some have them retracted and look like small white discs.

A large Shortraker Rockfish, 1 metre in length

Stylaster Corals (pink and white), approximately 20 centimetres tall, surrounded by small pink Cup Corals

Close-up of a branch of coral. The small bumps visible on the branches are individual coral polyps. Each polyp is a separate animal similar to a very small sea anemone with tiny tentacles

to capture prey from the water.

Controlling the manipulator arm while trying to hover the submersible in mid-water

is a challenge for a guy who never played video games as a kid.

Deep Worker Six being filmed by Deep Worker Seven at 300-metre depth in Juan Perez Sound, Haida Gwaii


acouple in their early 50s, Jake and dawn own a business and their home.

Their children are 15 and 17.

Lastyear,Jake’sfatherwasdiagnosed with Alzheimer’s disease. Jake’smotherishavingadifficulttimefiguring how to handle this crisis and reliesheavilyonJakeandDawnforemotional support and to help her with the general household upkeep and medicaldecisions.JakeandDawn’stimeis stretched thin. There is little time to enjoy even a quiet dinner together.

According to Statistics Canada, one fifth of the population over age 45 is providing unpaid care for a senior member of their family.

Between caring for their own children and caring for aging parents, JakeandDawnareinthegroupthathas come to be called The Sandwich Generation.

Let’s shift focus to look at things fromJake’smom’spointofview.Amyisa75-year-oldwoman.Uncertainhow long she and her husband will be able to live in their home, she must rely on her son and daughter-in-law to help her on an almost daily basis. Going for a walk or to the grocery store must now be planned or postponed.

The scenario is becoming commonplace. Children of seniors are

Jo-Ann Keith

finding it challenging to add caring for their parents to their already busy life schedules, and senior parents are struggling to maintain some level of independence as they age.

The good news is that a growing number of businesses are providing services for people who find themselves somewhere in “the sandwich.” Services are available to allow seniors maintain their independence as they enter a phase of life when they may require additional care, thus taking pressure off family members.

HelpingSeniors and The Sandwich generation

Focus on Kelowna

Staying active has tremendous health benefits

for seniors.

SENIORS

can provide kind, supportive care so the senior can continue to live independently.

With a plan and an awareness of the assistance and services available, “the golden years” can be outstanding! s

Jo-Ann Keith is the owner of Caring For you Support Services in Kelowna, BC.

Voice: 250 765-8949 [email protected] www.caringforyoukelowna.ca

Nonprofit OrganizationsInteriorAlzheimerSocietySupport, awareness, education, advocacy, activity, and respite programs, counselling, and coffee house club programs

ExecutiveDirector:JoyceHesketh#211–1889SpringfieldRoadKelowna,BCV1Y5V5Voice: 250 762-3312

KelownaRespiratoryClubEducation, support and social opportunities for clients and families of those with respiratory problems

Peter TaylorVoice:250868-3192

ParkinsonSocietyMeetings:1st Thursday of each month, 7 pM FirstMennoniteChurchAudreyKopasVoice: 250 769-9321

Staying active has tremendous health benefits for seniors. It encourages mental alertness, maintains physical conditioning, and builds self-esteem. Home support services work with seniors and family members to develop a plan centred on the individual. It could be taking the client to medical appointments, providing companionship, or assisting with light housekeeping, meal preparation, shopping, and recreational activities.

Seniors need not be lonely, nor must family members shoulder all the physical, emotional, and social needs of a senior for whom they are responsible. Home support services


ChurchServeVolunteer-based Christian organization to assist people under 65 with chronic health concerns or disabilities

MondaytoFriday:10toNoonVoice:250861-5464

SeniorsOutreachServicesSocietySeniorsHousingOutreachMeetingswithseniorswithchronichealth and mobility issues to provide information and explore housing options. Assistance with transportation to view rentals may be available. Also help with housing-related issues.

202–1889SpringfieldRoadKelowna,BCV1Y5V5Voice:250861-6180

Government AgenciesCommunityVolunteer IncomeTaxProgramCanada Customs and Revenue Agency (CRA) has trained volunteers to help low-income individuals complete their income tax forms.

Taxinquiries:250492-9268

FairPharmaCareProgramApplication forms for financial assistance are available from local pharmacies, your local health units, or at www.gov.bc.ca.

Tollfree1-800-387-4977

MayorWalterGrayKelownaCityHallVoice:250469-8980

CanadianMentalHealthAssociationA variety of services

504 Sutherland AvenueKelownaBCV1Y5X1Voice:250861-3644

BCHousingProvincial Government agency develops, manages, and administers a wide range of subsidized housing options across BC.

www.bchousing.org

He needs your help...

Each year the BC Society for the Prevention of Cruelty to Animals helps

more than 36,000 abused, sick, homeless, injured, lost and neglected animals across BC through its 37 branches.

Your support enables us to resuce animals in need and give them a second chance at life.

Please help us by making a donation or leaving a gift to the animals in your Will. To find out how, visit us at spca.bc.ca/donate or contact: John Hoole, Senior Manager, Gift PlanningEmail: [email protected]: (250) 388-7722 Ext 225

spca.bc.caBCSPCA SPEAKING FOR ANIMALS


much has been written about the recent changes to the Power

of Attorney Act.

The purpose of this article is to bring some thoughts to light with respect to the responsibilities of “the attorney,” acting under a Power of Attorney, under the new legislation. The Act can be found at http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96370_01.

Oneofthesignificantchangesinthe legislation is that “the attorney” is not obligated to act until he or she actually signs the document.

That brings two conflicting points of view to the table. From the perspective of “the adult”—the person granting the Power of Attorney, if the attorney does not sign fairly soon after the document is drafted, and decides not to sign later when the adult is incapable, that puts the adult at risk of not having a reliable attorney appointed at all.

Oncetheadultisincapable,anewPower of Attorney cannot be drawn because capacity is a key component in making a Power of Attorney. That would mean someone would have to apply to the courts, at great expense, to become the adult’s committee [com-eh-tay] or guardian.

not signed the document, he or she has no legal obligation to give notice if he or she cannot act, but it would be prudent to do so in any case.

• Oncetheattorneybeginstoact, he or she has a fiduciary responsibility to the adult; an even higher standard of care is required of a professional attorney.

• Ifthereisaspringingclause—triggering event—in the document, it is important that the attorney understands the circumstances under which he or she will be required to act.

• Theattorneyshouldmakeinquiries about the adult’s current Will and other testamentary documents so that he or she does not inadvertently dispose of a gift in the Will or memorandum.

• Theattorneyisdisqualifiedfromacting if he or she is receiving compensation from the adult for personal or health care, unless the attorney is a spouse, child, or parent of the adult.

• Theattorney’sauthoritytoactends if the attorney becomes bankrupt.

• Theattorneycannotdelegatethe authority, except financial management to a qualified financial advisor.

Laurie Salvador

The person coming forward may not be the person the adult would have wanted in the first place.

From the attorney’s perspective, it may be that the attorney doesn’t want to sign until he or she is ready to accept the duties, in case, at the time the adult needs help, he or she is not able to act.

advising the attorney under the New legislation

The purpose of this article is to bring some thoughts

to light with respect to the responsibilities of the

attorney, acting under a Power of Attorney, under

the new legislation.

For those reasons, it is of utmost importance to name at least two attorneys and to ensure that the adult has obtained a verbal consent from each attorney that he or she is ready, willing, and able to act—and to sign the document soon after it is drafted.

Oncethedocumentissigned,the attorney has a positive duty to act when requested, required, or when it becomes prudent to do so.

• Iftheattorneycannotactwhenrequired, he or she must resign in the manner prescribed in section 25 of the Act. If the attorney has

THE POWER Of aTTORNEY IN BC


When acting, the attorney must do the following.

1. Exercise the care of a reasonably prudent person in managing the adult’s affairs. A higher standard is required of professionals.

2. Keepandproducefinancialrecords, including a current list of assets, liabilities, invoices, bank statements, and all other pertinent records required to provide a full accounting of receipts, payments, income, and capital for the period the attorney is acting.

3. Act in the best interests of the adult, pursuant to any known beliefs, values, and/or instructions set out by the adult.

4. Give priority to the adult’s personal and health care needs.

5. Restrict investments to those made in accordance with the Trustee Act, unless the document provides otherwise.

6. Not sell or transfer the adult’s property that is subject to a gift in the adult’s Will unless the money is required for the adult’s care. The beneficiary may still be entitled to the value of the property from the estate.

7. Keeptheadult’spropertyseparate,except if the property is owned jointly with the adult. In that case, it is or will be important to establish whether that ownership was intended to be joint with right of survivorship, or joint with the attorney as a trustee for the estate.

8. Keeptheadultandotherattorneysfully informed, to the extent possible, of his or her actions made on the adult’s behalf.

• TheattorneycannotmakeanewWill for the adult.

• Theattorneymustkeeptheadult’s estate plan in mind when managing the adult’s affairs.

• Theattorneycanretainprofessionalservices for the adult such as an accountant, a Notary, or lawyer.

• UnlessthePowerofAttorneydocument specifically allows for compensation, the attorney cannot take a fee for service. The attorney is entitled to out-of-pocket expenses and must provide receipts for such expenses.

Yes, being an attorney is a big responsibility to accept. We encourage the client to speak to the proposed attorney, discuss these issues, then proceed with the preparation of the document.

As I mentioned earlier, you don’t want to wait until it’s too late to find out that the person you chose is not up to the challenge! s

Laurie Salvador is a Notary Public practising in Sidney-By-The-Sea.

[email protected]

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recently, much has been written about the new Will and estate legislation

called the Wills, Estates and Succession Act (WeSa).

It is anticipated that WESA will become law in British Columbia by the Fall of 2012.

WESA brings a number of changes to the drafting of Wills and one section in particular will require more diligence on the part of Will-drafters (BC Notaries and lawyers alike) in recognizing whether clients are in a position of dependence where there may be undue influence or domination.

Where undue influence or domination is alleged and where it is shown that a Will-maker is in a position of dependency with the alleged influencer or where there is a potential for domination of the Will-maker, section 52 in WESA effectively shifts the onus of proof to the defender of a Will. Therefore, once these circumstances are proven, the defender will have to prove that there was no undue influence or domination exerted on the Will-maker.

What Does this Mean for Will-Drafters?At the outset it means that Will-drafters will have to be extra diligent in assessing clients to ensure that there is no undue influence being exerted or that there is no potential for domination of the Will-maker.

• Lawyersexperiencedineldercare

• Asocialworker

• AnassociateprofessorwiththeUBCFacultyofMedicine

• TwoBCNotaries:LaurieSalvadorand myself

Majorfundingfortheprojectwasprovided by the Notary Foundation with the assistance of the Lawyers Insurance Fund.

As stated in the Guide, its purpose is to

• raiseawarenessofundueinfluence as a potential cause of estate litigation and invalidity of a Will;

• assistWill-drafterstorecognizered flags of undue influence;

• enableWill-drafterstointeracttactfully but effectively with Will-makers to elicit information necessary for them to properly assess the Will-makers’ individual situations and ability to act independently; and

• insulateWillstheyprepareagainstsuccessful challenges based on undue influence. s

Rick Evans is a past president of The Society of Notaries Public of BC who has been practising as a Notary Public in Nanaimo, British Columbia, for 36 years. Hispreferredareasofpracticeareinthepreparation of Wills, Powers of attorney, and representation agreements.

Rick Evans

This will require more in-depth probing of clients’ minds with sensitive, open-ended questioning and an understanding of various red flags that may indicate problem areas. As well, while note-taking has always been expected, extensive and careful note-taking will be necessary.

Wills in British Columbia

It is anticipated that WESA will become law

in British Columbia by the Fall of 2012.

Ofassistancewillbe“Recommended Practices for Wills Practitioners Relating to Potential UndueInfluence:AGuide.”Itcontainsa comprehensive review of factors and red flags that may point toward a Will-maker being unduly influenced or dominated.

In the final stages of preparation, The Guide is expected to be available by the time this article goes to press.

The Guide offers suggestions, not only on ways in which Will-drafters can recognize these factors but also on the types of questions that might be asked for a better understanding of whether or not a client may be unduly influenced of dominated.

The Guide has been prepared through the British Columbia Law Institute’sUndueInfluenceCommitteecomprised of the following individuals,

WIllS


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Not-So-Secret Codes

With the barrage of Websites, toll-free phone numbers, Tweets, and Facebook links, Consumers have many ways to connect with a company.

And yet, with all those portals, we still forget often where to get the information when we need it.

To simplify connecting to a Website or phone number, you can scan a QR code (Quick Response code). This black and white jumbled-looking barcode can be read with almost any smart phone if you download the free App.

QR codes were first designed for the automotive industry, created by a division of Toyota, and now are everywhere—in magazines, newspapers, and even Websites.

In magazines, a quick scan of a QR code will take you to the article, advertisement, or information related to the code. No more read and type. s

Akash Sablok is a techno-savvy Notary who practises in Vancouver.

Check out his Technology column on page 76.

[email protected]

#845 – 1200 West 73rd Avenue Vancouver, British Columbia V6P 6G5

t: 604.266.8287 f: 604.266.3034 [email protected] www.appraisal.bc.ca

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QR Code courtesy of BC Assessment


a recent New Yorker cartoon depicts a prehistoric woman,

standing beside her hole in the ground, bidding her partner goodbye, explaining “i have met somebody with a hut.”

Is she a gold digger or merely a survivor?

Throughout much of history, those with limited options have sought wealthy partners who can provide

security as an attractive quality in a marriage partner. Indeed a recent university study covered in The Boston Globe apparently found that both men and women with financial assets are much more likely to marry, irrespective of their income and all other variables.

Gold digging is perhaps a matter of degree, and society’s acceptance of it may depend on the gaps and trade-offs between the parties. Think about our childhood fairy tales—was Cinderella a gold digger? Certainly one perspective is that Cinderella was a poor scullery maid who set her sights on a prince, borrowed finery to go to his ball, and succeeded in marrying him. Moremodernexamplesrangefrommail-order brides to the older financially secure male marrying a trophy wife.

Perhaps one of the best known modern “gold diggers” was former Playboy model Anna Nicole Smith who married an octogenarian oil-business mogul worth $1.6 billion. An Internet search of “gold digger” brings up a plethora of Websites, ranging from a site selling A Gold Diggers Guide: How to Marry the Man and the Money, to www.sugardaddie.com, which apparently has well over 200,000 members. A number of sites shamelessly promote the benefits of trading “gifts” to associate with sexy younger partners.

Gold diggers fall on a continuum and it is matter of where the line is drawn. Generally speaking, we refer

for them. Historically, almost the only way for women to become wealthy was to marry well. Today, well-educated Western women no longer need to marry money—with increasing opportunities, today’s woman can make her own money.

gold diggers

Gold diggers fall on a continuum and it is matter of where the line is drawn.

WIllS & ESTaTES

Nevertheless, the concept of gold digging remains. It seems deeply engrained and cuts both ways—apparently both genders view financial

Trevor Todd

Judith Milliken, QC

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to gold diggers as those seeking out relationships for material gain. Although it cuts both ways, given the continuing financial differential between the genders, more often than not it is women who are seeking “sugar daddies.” Such relationships usually involve financial security traded in exchange for sex, affection, and companionship—mutual benefits.

Gold Diggers in Estate LitigationIn estate litigation, we see a particular breed of gold digger who is more extreme and can well be abusive. They do not usually find their targets on the Internet. Rather, their stories often involve their seeking out financially secure, elderly widowers who present an irresistible opportunity for financial benefit. Generally, the target is an older, lonely, vulnerable man who is delighted with some attention. The elderly are an especially good prey because they will soon take their secrets to the grave and leave their wealth behind.

In estate litigation, the gold diggers often involve caregivers and housekeepers. By the very nature of their disability, those in need of care are more likely to be isolated physically, socially, and emotionally. With family far away, they are sitting ducks for exploitation by anyone who pays attention to them.

Oneparticularlyextremecasewehandled involved a lonely 71-year-old widower who met up with a 41-year-old escort “specializing in seniors.” She soon moved into his home, convinced him to make sizable financial gifts to her, and isolated him from his own children. They married shortly thereafter; the widower signed a new Will disinheriting his three adult children, leaving everything to his new wife or alternatively her long-estranged daughter (that he never met). The new “wife” changed the home phone number and began running her seniors escort service out of the home.

This so-called marriage ended abruptly 3 months later when the gold digger beat her elderly husband to death, apparently while high on cocaine. In fact, she beat him so

severely, she broke every rib in his body. She was subsequently convicted of murder. As a wrong-doer, she became disentitled from benefitting from her own crime by inheriting under the Will. Her daughter, however, arguably continued to have a valid claim as the alternate beneficiary under the Will.

We represented the adult children who made a claim under the British Columbia Wills Variation Act leading to a court application to rewrite the Will. Gracefully, the estranged stepdaughter did not contest the application and an order was made to vary the Will, leaving the estate entirely to the deceased’s children.

on April 4, 2009. In August 2009, the couple married and less than a month later, he was admitted to intensive care. By September 16, 2009,thecourthaddeclaredMr.Wuto be incompetent.

Underthe“marriageagreement”preparedbyMs.Zhang,Mr.Wupurported to give her all his lifetime accumulated savings.

The Public Guardian and Trustee broughtanactiononbehalfofMr.Wuto recover the valuable property that Ms.ZhangsaidMr.Wuhadgivenheras gifts.

The Court found the purported marriage agreement to be invalid as a total fabrication. The court did not acceptMs.Zhang’sevidenceanddismissed her claims to the property and to spousal support. The court instead treated the matter as short-termmarriageandawardedZhang$150,000 from the sizable estate. Except for the involvement of Vancouver Public Health and the Public Guardian andTrustee,Ms.Zhangmaywellhavesuccessfully retained assets in excess of $3.5 million.

ConclusionGiven basic human nature, gold digging will always exist. In the context of estate litigation, however, the cases must generally be extreme before the law can assist. s

Judith Milliken, QC, has practised law for 34 years in the areas of commercial law, criminal law, and most recently estate litigation. She practises estate litigation together with her husband Trevor Todd.

Trevor Todd restricts his practice to Wills, estates, and estate litigation. Hehaspractisedlawfor37yearsandis a past chair of the Wills and Trusts (Vancouver) Subsection, BC Branch of the Canadian Bar association, and a past president of the Trial lawyers AssociationofBC.Trevorfrequentlylectures to the Trial lawyers, Cle, and the BC Notaries and also teaches estate law to new Notaries. HisWebsiteincludes30articlesonvarious topics of estate law.

A less extreme case is that of Wu v. Zhang 2011 BCSC 1205. This also involved an apparent gold digger who married a much older physically and mentally vulnerable man, shortly before his death.

At the time the couple met in 2006,Mr.Wuhadbeenrecentlywidowed and was unable to care for himselforhishome.Moreover,Mr.Wuhad a home and other assets worth approximately $3.6 million.

Ms.ZhangtestifiedthatMr.Wuhad pleaded with her to take care of him and that she did so from the day they met. She further testified that although she had little interest inmaterialwealth,Mr.Wuhadinsisted on transferring property to her out of gratitude. The reality was that Wu was living in his own home in one squalid room with a hotplate, small fridge, and microwave. He lived in filth, unwashed and unclean, and had open ulcers on his legs. In 2008,VancouverHealthfoundhimliving in those deplorable conditions. They had him assessed and declared incompetentasofDecember16,2008.

Nevertheless,Mr.WusignedaPowerofAttorneytoMs.Zhang

Given basic human nature, gold digging

will always exist.


Challenges often sharpen genius, whereas prosperity can dull

the blade.

Have you noticed a challenge can seem exciting to one person and loathsome to another?

Here is a process that invites people to move from loathsome to excited in the face of obstacles.

Indispensable people love a good challenge. The truth is, if you don’t love a good challenge, life can be much harder than it needs to be. People get undermined by challenges simply because they haven’t been taught how to turn them around. A simple process like the one below can redirect your mind (or the minds of people you are leading) to operate in a more solution-focused way.

This is an introduction to a process we’ve used with over 1000 people; the results are mind-blowing. The Vitare Idea Process is part of a longer process we use to enhance innovative thinking.

This introduction takes only about 10 minutes. Try it now and see how you like it.

For Example

“There isn’t enough money right now to achieve our goal” could become “There isn’t enough money in the budget to achieve our goal the way it is structured now.”

C. CreateYourIdealOutcomeWhat is your ideal outcome? The innovative part of the mind needs a positive, constructive direction to create a positive, constructive outcome. That may seem obvious but most people spend all their time focusing on their challenge rather than the outcome. That actually trains the mind to create more challenges.

To create an ideal outcome, start your sentence with “I somehow create,” then state a solution to the challenge.

Carla Rieger

The Vitare Idea ProcessA. WhatDoYouFindChallenging

RightNow?What is happening in your area of work or life that is challenging? Be as specific as possible. It could be a resources issues, a priority dilemma, or individuals who can’t get along. List at least 3, if possible.

Samples 1. There isn’t enough money right

now to achieve our goal.2. I want to have more face-to-face

time with key people, but I’m too busy.

3. I don’t see eye-to-eye with a colleague and that is stalling our project.

Your Challenges

1. _____________________________

2. ______________________________

3. ______________________________

B. WhatCanYouChange?Which of your items could you actually change, either on your own or if you had buy-in from others? Don’tchoosesomethingcompletelyoutside of your control such as the government budget. See if you can re-write any of your 3 situations above so you can effect some change.

HOWTOTuRNACHALLENGEINTOABRILLIANTSOLuTION:

a 10-minute Process to activate

Solution-Based Thinking

STRaTEGIES

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“There isn’t enough money in the budget to achieve our goal the way it is structured now” becomes “I somehow achieve our goal, given our existing budget, or I somehow manifest the necessary resources to achieve this goal.”

The reason you use the word “I” is to make it something within your control; you can take responsibility for the outcome. The word “somehow” shows you don’t know the “how” yet. Oftenpeoplesaytheycan’tchangea situation because they don’t know how, but you can’t construct an innovative “how” until you have an end-goal in mind. That’s just the way the innovative mind works.

D. Brainstorm

List as many ways as possible to create your ideal outcome. The more ideas, the better—list at least 30. Try three types of ideas, in this order.

1. Inside the Box Obvious,mundane,ineffectiveideas or things you’ve done before

2. WayOutsidetheBox Silly, weird, outlandish, horribly bad ideas

3. JustOutsidetheBox Onceyou’veexploredthefirsttwotypes of ideas, you’ve warmed up your mind enough. JustOutsidethe Box are those great ideas that marry innovation with traditional best practices.

E. ChoosetheBestIdeaLook at your list above. Choose the best idea and take action on it right away. s

Carla Rieger is a sought-after speaker for association meetings, sales rallies, and staff development sessions. She helps you be your “best self” during conflict, challenge, and change by helping you stay in the most creative partofyourbrain.Hermotivationalandhumorous presentations are popular in Canada and internationally.

Voice: 1-866-294-2988

[email protected] http://www.carlarieger.com/keynotes_and_programs/

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The online ad said Charlie

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In fact, Charlie was gravely ill

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Help us be there in the future - remember VHS in your will.

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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 604.877.6157 or [email protected]

Help create a better future for everyone touched by cancer.


BC Notaries are faced daily with the joint tenancy topic, advising clients

when they purchase an asset or they consider transferring their property to a family member.

When assets are owned jointly, each owner has an equal interest in the property; when one of them dies, title will transfer to the other owner.

If the ownership is not equal, for example one individual owns 40 percent and the other one owns 60 percent, that type of ownership is defined as “tenancy-in-common.”

Tax consideration must be given when thinking of joint tenancy, particularly in these areas.

• Investmentincome

• Propertyacquiredbyjointtenants

• Issuesrelatedtoendingthejointownership because an asset is sold or transferred, or one of the owners dies

Investment IncomeIf an asset is jointly owned, the owners must report its income based on the percentage of capital that each owner has contributed. Even though the financial institutions will issue one T5 slip in the name of both owners, the taxpayers must allocate the income based on their contribution.

Let’sassumefatherJohnpurchased a house for $500,000 in 2005 and it is now worth $1,000,000.

In 2011, son Frank became joint owner and paid $250,000 to his father.FatherJohnwillhavegivena gift of $250,000 to his son and he will have a deemed capital gain on the gift to his son, to be reported on his tax return in the year they became joint tenants.

An exception to this rule is when the transfer is made to the spouse or common law partner; there is a tax-free rollover provision and no capital gain is realized at the time of transfer. The transferor, however, could elect to accrue the capital gain if there were capital losses from prior years that could be utilized.

Another important planning point on the transfer happens when transferring title of a home or a cottage to an adult child. The reasons for this type of transfer are usually to avoid probate fees or to transfer a portion of the estate prior to death. The transferor could utilize the principal residence exemption to reduce or totally eliminate the capital gain resulting from the deemed gift on the transfer of title.

Terminating the Joint Tenancy Relationship

Jointtenancyterminateswheneitherone of the owners dies or the asset is sold.

Andrea Agnoloni

Acquiring AssetsIf an asset is purchased and both owners contribute an equal amount, the acquisition would pose no problem. Both owners own 50 percent and when the asset is sold, they would share the gain or loss. The challenge is when the owners contribute unequal amounts.

Joint Tenancy: Tips and Traps

In that situation, CRA still considers the owners to own an equal share of the asset. The consequence is that the owner with the larger contribution is deemed to have gifted a portion of the asset to the other owner. In that scenario, the joint tenants would agree to this arrangement if they were related and not dealing at arm’s length.

The timing of the joint tenancy becomes very important. If the joint tenancy is entered when the asset is purchased, the deemed gift from one owner to the other will not have any tax consequence. If the asset was owned by an individual for a few years prior to the joint tenancy, however, there will be tax consequences because of the gifting provision.

TaxES

When assets are owned jointly, each owner has an equal interest in the

property; when one of them dies, title will transfer to the

other owner.


If one of the owners of the property dies, two things happen immediately:

• thepropertytransferstothesurviving owner, and

• thedeceasedisdeemedtohavedisposed of the property at market value, resulting in a capital gain or loss that is reported on the deceased’s final tax return. If the property is transferred to a surviving spouse, the tax-free provision rules apply.

If the property is sold, each owner will calculate his or her capital gain or loss.

It is also possible that the owners no longer wish to be joint tenants but would rather be tenants-in-common. If the owners maintain the original share of ownership—50 percent, there will be no taxable disposition.

Oncetheownersaretenants-in-common, the title of the property would not transfer automatically to the other owner at time of death. The provisions of the deceased’s Will dictate to whom the property will transfer.

Although there are many advantages of joint ownership of property, there are also many consequences that must be considered when making the decision to hold legal title in more than one individual’s name.

Some of the AdvantagesReductionorAvoidanceofProbateFeesProbate fees are a provincial levy based on the size of the estate. For example, in British Columbia the probate fee is 1.4 percent on values over $50,000. If the asset is owned jointly, title transfers to the surviving owner and the asset does not become part of the estate.

AssistingtheOlderParentsIt is normal for a child to assist aging parents with their financial affairs. Onestrategyistomakethechildjointowner of the bank and investment accounts. That allows the child to make financial decisions on behalf of the parents.

Will the child make decisions in the best interest of the parents? We see too many cases of abuse where the child puts his or her own interest

ahead of the parent’s well-being. The other pitfall is that since the asset transfers automatically to the joint owner, the parent’s wishes may not be carried out.

TransferringtheFamilyCottageOneoftheestateplanningobjectivesis to transfer the title of the family cottagetotheadultchildren.Jointownership is often seen as the best way to deal with the transfer, to avoid probate fees and to determine the tax cost of the transaction with certainty.

cases where the family home or cottage is transferred to the adult child, usually it is done with the intention to transfer the title of the property before death.

That may not be the case when an adult child’s name is added to the bank or investment account of the elder parent to provide convenience and assistance with the parent’s financial affairs. Was it the intention of the parent to transfer the assets at time of death?

For example, an elderly widowed parent from Vancouver has 3 children: 1 living in Vancouver, the other 2 living in Toronto. The child living in Vancouver is in a better position to assist the parent with day-to-day banking and investment decisions. When the parent dies and the joint-owned assets transfer to the child living in Vancouver, it is often unclear whether it was the wish of the parent to leave those assets to that child. There are some active litigation cases to that effect.

Potential Problems with the New Owner When establishing joint ownership with another individual, there are risks associated with the personal life of that individual. For example, the father transfers an asset to his son as joint owner. Some issues affecting the son could impact on the father; creditors can make a claim against the assets. Another problem is if the son is married and later on gets divorced; the ex-spouse will want the assets to be included as a family asset. All those issues could result in the son having to sell the asset.

Loss of ControlWhen a party has exclusive control of an asset and decides to enter into a joint tenancy relationship, some control is lost. For example, the asset cannot be sold or remortgaged without the other owner’s consent.

Tax Liability When the asset has increased in value, establishing joint tenancy with a person other than the spouse will trigger a tax liability from the deemed disposition or gifting provisions.

Unlessthecapitalgainonthetransfer of the cottage is reduced by claiming the principal residence exemption, the transfer will result in a deemed disposition at market value, and the capital gains tax would be considered a prepayment of the tax that would otherwise be paid at time of death.

Any future increase in the value of the property will accrue to the new joint owners. In many cases, the children do not make any cash contribution to the parents, and it is considered an advance on the inheritance. But depending on the financial situation of the parties, it would be appropriate if the children receiving the property would make a contribution toward the tax liability faced by the parents as a result of the transfer.

Although there are advantages with joint ownership, there are also potential issues; in many cases, the risks outweigh the benefits.

Transferring Title on Death The issue is whether the person who established joint tenancy wanted to transfer title ownership of the property at time of death. For example, in

Although there are many advantages of joint

ownership of property, there are also many consequences

that must be considered when making the decision to hold legal title in more than

one individual’s name.


hidden Tax Liability for the New Owner The new owner in a joint tenancy relationship could become liable for the tax liabilities of the previous owner.Undersection160oftheIncome Tax Act, in a non-arm’s length transaction (that is, transfers between related parties), the new owner can be jointly liable for any taxes that arise on the transfer or for any taxes owed by the previous owner, unless the transfer was made at market value.

Funding Issues with the EstateIf an individual transfers assets to a joint owner prior to his or her death, it could create potential funding issues with the estate.

When an individual dies, there is a deemed disposition of all the assets that are not transferred to the spouse. The estate must pay the taxes on the capital gain from the deemed disposition and distribute the residue of the estate as per the instructions in the Will. Property that is held in joint tenancy may result in capital gain that must be reported in the deceased’s final tax return but the ownership transfers to the joint owner. Therefore the asset will not be available for sale to fund the tax liability of the estate.

In the end, joint tenancy offers many advantages for estate planning purposes but there are potential risksassociatedwithit.Unlesstheparties involved understand the consequences, it is a strategy where considerable caution must be used. s

Because of the complex nature of this subject, it is strongly recommended that you consult a legal professional and a tax accountant for assistance with this challenging topic. s

Andrea Agnoloni is a BC Notary Public practisinginNorthVancouver.Heisalsoa Certified general accountant with ePr – North Vancouver, an independent Firm of ePr Canada group inc.

PRIvaTE RECIPE

red Thai Curry and Coconut Chicken

2 to 3 lbs. selected chicken parts (fresh or frozen) ½ cup combined lime leaves and lemon grass 1 litre chicken stock 1 to 2 envelopes coconut powder 1 to 2 cans coconut milk 2 cups chick peas Red Thai curry: 1 tablespoon to start½ cup mixed dried/fried onion and garlic flakes

Garnishes Fresh raw red onion Ground cashews Fresh chopped cilantro Fresh ground pepper Toasted coconut flakes

In a casserole dish, pan-fry chicken until brown. Set aside.

In another pot, simmer lime leaves and lemon grass in chicken stock for 1 hour. Remove leaves and grass. Into the chicken stock, combine coconut powder, coconut milk, chick peas, Red Thai curry, and the dried/fried onion and garlic flakes.

Pour this mixture over the chicken and simmer 1 hour or until chicken is cooked.

Garnish as desired with fresh onion, cashews, cilantro, pepper, and coconut flakes.

Serve with rice or noodles flavoured with saffron,sesame,orachiote.Drizzlewithsesame oil. s

Billy hinds is the husband of Vancouver Notary Mary-AnnMustonen-Hinds.

Mary-Ann Mustonen-Hinds and Billy Hinds

In the end, joint tenancy offers many advantages for estate planning purposes…


on February 6, 2012, Canada, along with other Commonwealth

countries, will celebrate the 60thanniversaryofHerMajestyQueenElizabethII’saccessionto the throne and thus her place as Queen of Canada and our HeadofState.

Throughout 2012, myself, along with the Governor General and other Lieutenant Governors, as the representativesofHerMajestyinCanada, will host and attend many events with the good people of our countrytocelebratetheDiamondJubileeyear.Ibelieveitisimportantfor us, as Canadians, to recognize our past and to acknowledge the stability of our constitutional monarchy.

HerMajesty’sDiamondJubileepresents an opportunity for Canadians to join together to pay tribute to our long and fruitful relationship with the monarchy, both through our nation’s development and in the day-to-day workings of our government. We have a governance system of which we can be proud and it is our historic connection with the Sovereign that embodies the stable and Canadian character of our democracy.

I encourage all Canadians totakepartinDiamondJubileeevents happening throughout 2012 to commemorate this tremendous milestone.

HerMajestyhasvisitedourcountry on more than 20 occasions, each time strengthening her bond with Canadians and acknowledging Canada’s special connection to the monarchy. Queen Elizabeth II, Queen of Canada, has reigned over us for 41 percent of Canada’s history.

In her person, she embodies somuchofourhistory:HerMajestyopened the St. Lawrence Seaway in 1959;proclaimedthenationalMapleLeaf flag in 1965; celebrated Canada’s 100th anniversary in 1967; celebrated the 100th anniversary of British Columbia’s entry into Confederation in 1971; proclaimed the Constitution Act in1982,andinperson,orthrough the Royal Family, remains fully engaged in the growth and evolution of Canada to this day. Few Sovereigns in history have had such an impact on their peoples and yet provided such stability.

Please join me in marking her DiamondJubileeandcelebratingourgood fortune as a country with a stable and enduring system of government.

Long live The Queen! s

The Honourable Steven Point, OBC

Lieutenant Governor of British Columbia

The Crown acts as a nonpartisan guardian of the system on behalf of the people and stands as a reminder of the weight of responsibility that falls upon those we elect to form the government. The ability of Canada’s system of democracy to adapt to changing conditions since the 16th century has helped ensure its longevity and relevance in modern times.

The diamond Jubilee ofQueenElizabethII

I encourage all Canadians to take part in Diamond Jubilee events happening

throughout 2012 to commemorate this

tremendous milestone.

CElEBRaTION

Her Majesty Queen Elizabeth II

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When we speak of our parents’ generation, wefrequently

comment on how they saved, were extremely thrifty, and were constantly concerned about running out of money.

That mindset was left over from TheGreatDepression.

Untilrecently,theBoomerswerenot as concerned about “running out of money.” Life was good.

Although we are all different, one common theme of our generation has been to prepare for our retirement.

We know that government benefits are not sufficient to support our current lifestyles—lifestyles that are much richer than our parents in so many ways. The emphasis over the years was on maximizing our RRSPs or group pension plan, paying down the mortgage, and avoiding useless debt. The focus was on accumulation and investing to get strong returns. Oneday,weplannedtoretire.

For many, that day is here. You may be retired or near retirement and sitting with a capital pool that must provide for your daily lifestyle needs, as well as for those planned vacations, grandchildren, and health costs for many years to come.

The question you should be asking yourself today is How do I structure my accumulated capital to provide for my lifestyle so I can use it and stretch it, even in this recession?

uSE IT: Create an income streamUnlessyouhaveapensionplan,forpeace of mind you may want to create an income stream that is guaranteed forlifeoratleastfor20years.Dedicatea portion of your capital to this strategy to ensure a steady income stream, regardless of future market volatility. Knowingyourbasicneedsarecoveredand that you will not outlive this income stream brings peace of mind.

Alternatively, breaking it down into 5-year periods would change the investment mix and consumption parameters. Estimate your needs for the next 5 years. Carve out of your capital pool enough capital/cash to cover those years. The remaining capital assets would be invested to be available to replenish the 5-year pool.

That strategy recognizes that as we go through retirement, our lifestyles will change as we move through the senior years. You may plan to use more in your early years, then taper off. That approach results in more meaningful reviews and matches needs and resources.

That approach also usually results in lower taxes, efficient cash-flow strategies, and better long-term returns. And it removes the focus on the short-term market fluctuations.

Netty Vogels

If you have a company pension, your basic needs may be covered and your capital pool will provide for top-ups. That is a good position to be in, but don’t lose sight of inflation.

Perhaps you just sold your business or, like the majority of people, you are retiring with a defined contribution plan or an accumulated capital pool. In all these scenarios, the question is the same: Can the capital pool continue to support your lifestyle today and for years into the future?

Can you Survive a double-dip recession?

until recently, the Boomers were not as concerned about

“running out of money.” Life was good. Although we

are all different, one common theme of our generation has

been to prepare for our retirement.

From experience, I know it is easy to project favourable long-term returns when we are in good economic times. When we are potentially facing back-to-backrecessions(in2008and 2011), it is much harder to take a positive position or outlook. Understandably,fear,emotions,anduncertainty lead people to make much less favourable long-term projections. The result? Anxiety.

INvESTING


STRETCh IT: Create investment returnsAs the threat of a double-dip recession looms, we are looking at our capital pool shrinking in value at the same time as we are looking at retiring or we are already in retirement.

Naturally, we fear we do not have the time for our investments to recover. That is when fear can step in and cause us to adopt a more conservative investment strategy; years of planning are forgotten. We were warned there would be volatility. No one ever said it was going to be easy to go through it.

Unfortunately,thecostofliving,inflation, and taxes does not stop going up. Interest-generating investments alone typically will be not be enough to ensure your capital pool will support you to the end—especially with today’s historically low interest rates.

3. Identifymonthlyexpenses: Fixed: mortgage/rent/strata, insurance, utilities

Flexible: groceries, gas, clothing, car and home maintenance

Discretionary:entertainment,savings, vacations, and hobbies

By creating a snapshot of your current net worth, you can take comfort in knowing you have assets that, although they may be down in value at the moment, provide security for the years ahead.

Conversely, you may see you need to take action to keep the financial—and hence the emotional—stability intact.

Ourparentssurvivedand,in the long run, so will we and our resources. s

Netty Vogels, Cga, provides personalizedfinancialplanningadvice and expertise to help people develop comprehensive investment and retirement strategies for wealth managementandimplementcustomizedinvestment and risk-management strategies for every stage of their life. Through her ePC (elder Planning Council) designation, Netty enjoys providing families with the emotional andspecializedsupportrequiredtobring comfort and peace of mind to theiruniquefinancialsituation. She is an active member of advocis (Canadian association of Financial advisors) and the Cga association.

[email protected]

how long will you live? Knowingwouldmakethisstageof financial management easy.

Duringtheaccumulationyears,you may have used various investment vehicles, financial institutions, and investment advisors. Products such as stocks, bonds, mutual funds, investment vehicles, and insurance may have been the focus then, and may still be today.

It is important at this stage to step back and view the bigger picture.

You have left the financial planning stage and have moved into thefinancialmanagementstage.Makesure you have the right professionals and quarterback on your team and don’t lose sight of the planning steps needed at every stage of life.

1. List asset values: House, savings and chequing accounts, RRSPs, RESPs, GICs, real estate holdings, investments (stocks, bonds, limited partnerships), business ownership, and so on

2. Determinemonthlyandannualnetcash inflow: Net salary or pension income, interest and dividend earnings, rental income, support payments, and possible tax refunds

unfortunately, the cost of living, inflation, and taxes

does not stop going up.

You have left the financial planning stage and have moved into the financial

management stage. Make sure you have the right professionals and

quarterback on your team and don’t lose sight of the

planning steps needed at every stage of life.

Diversificationisstillthestrategy to ensure sufficient growth to keep up with the cost of living and rising health costs. Yes, health costs. We are living longer but the costs associated with aging are escalating. Growth does not have to mean high risk. Volatility is unavoidable in this market, but remember—you will not be consuming all your capital in 1 year.

With longevity, it is estimated the Boomers’ capital will need to support them for at least 25 years. Therefore, take advantage of the long-term investment opportunities available in these markets and stop focusing on the short-term. The media thrives on reporting bad news!

Usestrategiesthatincorporatetax-efficient investments—for example, preferred shares that pay dividends versus interest—or use tax efficient strategies—for example, income-splitting with your spouse using a spousal loan to maintain returns, provide capital security, and preserve your purchasing power. ©

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Akash Sablok

Because the unit is available in Canada, you can request a local phone number. You can even request a number out of your area code, if that works for you.

Caller-ID,caller-IDblocking,call-return, call-waiting, voicemail, and more are included.

outstanding VoiP, mice, 3d, and Sound!

The Ooma Telo is a great second line that will

definitely save you money over a traditional land line.

There are several options over the basic service.

• ThePremiumPackfor$9.99per month adds call-screening, a second line for making or taking callsevenwhentheOomaserviceis already in use, and three-way conference calling.

• For$50,youcanaddWi-Fi—youdon’t physically need to connect the device to your router.

• ABluetoothoptioniscomingsoonthat will allow you to connect your cell phone to the service.

TheOomaTeloisa great second line that will definitely save you money

over a traditional land line.

www.ooma.com/canada

TECHNOlOGY

RING RING

aphone call to almost anywhere in the world is now pennies a minute.

OomaTelorecentlylauncheditsVOIP(voice-overInternet-protocol)inCanada.TheOomasystemusesabroadband(ADSL,cable)Internetconnection to send and receive phone calls. A downside is that you need a broadband connection and, if power goes down, you cannot make a call.

The service offers unlimited USandCanadacallingforjustthe cost of the system ($199) + a monthly amount for tax—$3 to $5. Oomadiffersfromcompetitorswhocharge $0 for the equipment and a monthly service fee of about $20, plus long-distance charges.

SettinguptheOomaTelohardware is easy. You plug the wedge-

shaped device into power and your modem/router, attach a regular phone on the other end, and youandMr.A.Bellhavesomething in common.

MOuSE TRAILSWindows7isMicrosoft’slatestoperatingsystem(O/S),andprobablyits best. Accessories from the software/hardware giant are now available specifically for the new operating system.

TheMSTouchMousetakesfulladvantage of the touch features in thenewO/S,includingscrollandzoom, navigating windows and Internet Explorer, and viewing programs.

The surface of the mouse looks like a dot pad and is aesthetically appealing. The mouse worked well during my testing, but sometimes it could not distinguish between my left and right clicks; that may well be because of my gigantic fingers!

The mouse connects with a tiny USBreceiver,perfectforlaptops/notebooks—leave it in and forget about it. Two AA batteries will power the unit for about 3 months.

www.microsoft.ca


ThE ThIRD DIMENSIONThree-dimensional video in television sets has become quite common. While it’s still not the norm, the penetration level of the feature is quite popular.

Now3Dismakingitswayintocomputer monitors. The Samsung T27A9503DmonitorusesSamsung’s3DHyperRealEngineforits3Dimaging. What that means is a sharp andclearimage,with3Deffects.

The unit itself is a beauty, extremely thin and lightweight. I believe it has a gym pass and is not afraid to use it.

With 27” (diagonal) screen real estate, your documents, video, and email will be easily seen from almost any angle in the room.

And with changing light conditions (dawn, dusk, and so on), the monitor automatically adjusts brightness to keep your eyes safe. A motion detector shuts off the screen when it senses no one around, keeping your wallet safe, as well.

Multipleinputs,apairofUSBports,HDMIports,componentconnectors,an Ethernet jack, card slot, and an RF aerial input ensure you are able to attach almostanymediasource.Digitalaudioout means you can rock the office when you’rewatchingyourfavouriteHD3Dmovieduringyourbreak.Justremembertotakethe3Dglassesoffbeforeyoustart your next meeting.

The T27A950 also supports smart TV options, giving you a full-featured TV right on your desktop.

Pricing is a steep $699.99, but when you consider you have a PC monitor and a TV set all in one, the price is a little easier to bear.

www.samsung.ca

LIGhTS, CAMERA, SOuND . . .

Well, only sound. If the Samsung 3Dmonitoristhe king of video, then Sonos is royalty in the audio world.

Player:3 is the latest model in the audio line-up, a smaller sibling to big brother,ZonePlayer:5.

What the Play:3 gives up in size, is, well, nothing; the sound is still incredible. The unit is better suited for smaller rooms but, if you’re like me, the mansion is still not built and my current room sizes look like closets.

The beauty of a Sonos unit is the way you feed it media—through Ethernet or Wi-Fi. The Wi-Fi source uses Sonos’ Bridge, a-plug-and-play system that most technical amateurs can hook up within 15 minutes.

Control-happy?DownloadafreeApponyouriDevice(iPad,iPhone,iPod Touch) or Android device and you now have full control of your music playing through the Play:3 speaker.

Like to walk around the house listening to different music in each room? Add more Play:3 units and you can control all of them from one remote (iPad and so on).

If your own music is boring, go shopping or stream the free included online services. You can also connect it to paid-for accounts with Spotify, Napster,andDeezer.

Pricing is better than before, in the $349 range. This is high-end speaker technology in mid-range pricing.

www.sonos.com 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 Urban Rush.

[email protected]

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.


PeoPleHONOURS & EvENTS

how Time FliesOctober1980: Future Nanaimo Notary Bill Rutledge prior to his Certified General Accountants (CGA) convocation ceremony with wife Wendy,sonsSimonandDaniel,and6-month old daughter Kristin.

31 Years Later: Nanaimo Notary and proud father Bill has the honour of introducing his daughter Kristin Rutledge (that’s her mother Wendy on the left) at her CGA convocation ceremony.Kristinwasrecognizedas1 of the Top 10 in her graduating class of 494 students.

George Alfred Watts was born November 20, 2011. He weighed 9pounds,8ounces.Delightedparents David and Laura are excited about the adventures to follow!!!

Notary Akash Sablok writes, “At the spectacular Bell Ice Centre, built for Vancouver’s2010WinterOlympicsinRichmond, BC, Mr.WadeOosterman from Bell Canada came over to see the pin I was wearing—my shiny gold BC Notary pin. He asked if he could tradehisoriginalOlympicBidpinforit. ‘Certainly,’ I said. ‘What else are you offering?’

“ ‘What else would you like?’ he asked. ‘A photo with Sir Richard Branson!’ I said. Wade proceeded to lift the rope to take me to have my picture taken with the two of them. I had the opportunity to speak for 5 minutes with Sir Branson about his businesses and his philanthropy. I told him he was the inspiration for the charitable foundation my wife Raj and I started called ‘Little Hugs, Big Hearts!’ ”

Wade Oosterman, Sir Richard Branson, and Akash Sablok

Where in the World has The Scrivener Been?

Announcing the arrival of wee Fiona, first granddaughter of BC Notaries Margot and Bruce Rutherford. Born just after midnight on November 4, 2011, Fiona is really good at expressing her feelings!

The Rutledge Family, 1980

Wendy and Kristin Rutledge

Proud Dad Notary Bill Rutledge

Eileen Smith and Eileen Smith bond at the Notary Foundation’s recent

25th Anniversary Party. (See page 44)

Following the BC Notaries’ Fall 2011 ConferenceinKelowna,Roy and Dawn Cammack set out on a 3-week, 4000-kilometre road trip through 7 states before wending their way back to White Rock. Here they are in scenic Bryce Canyon National Park in Utah,elevation9000feet.TheParkis known for its colourful pinnacles or “Hoodoos,” structures formed from erosion by rain, wind, and ice.


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