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Spring 2019 | Volume 28 Number 1
Published Quarterly by The BC Notaries Association
27
years
Inside: Wills and Other Personal Planning Documents
Publications Mail Agreement: 40010827
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P U B L I S H E D BY T H E S O C I E T Y O F N OTA R I E S P U B L I C O F B C
FEATURES: WILLS AND OTHER PERSONAL PLANNING DOCUMENTS
The Scrivener: What’s in a Name? 4 Editor’s27
PRESIDENT, THE SOCIETY OF NOTARIES PUBLIC OF BC Death and Taxes Revival 28
Peace of Mind 6 Andréa Agnoloni
Rhoda Witherly
EXECUTIVE DIRECTOR,
A Canadian First! Inaugural End-of-Life Expo 32
THE SOCIETY OF NOTARIES PUBLIC OF BC Tammy Morin Nakashima
On the Horizon 7 The Power of a Power of Attorney 34
John Mayr
Kim McLandress
PRESIDENT, BC NOTARIES ASSOCIATION
BC Notaries Association Update and Opportunity 8 The Representation Agreement
Daniel Boisvert and the Proverbial Bus 36
New Directors Appointed for BC Notaries Association 9 Beverly Carter
CEO, BC NOTARIES ASSOCIATION THE ADVANCE HEALTH CARE DIRECTIVE
Planning for Your Own Protection 10 Health is Wealth. Do You Agree? 40
Jacqui Mendes Lorne Mann
Why Delay Such Contentment? 12 BC Notaries Vignettes 42
Ron Usher
Tammy Morin Nakashima, Filip de Sagher,
KEYNOTE Flavia Zancope, Kate Manvell, Roy Cammack,
Do You Have All Your Docs in a Row? 12 Todd G. Wiebe, Jennifer Kwok, Hans Podzun,
Val Wilson Marg Rankin, Morrie Bailey
When Should You Have Your Personal Planning CONVERSATIONS ABOUT CARE
Documents in Place? Now! 13 Health Care Decision-Making
Tiah Workman for People Living with Dementia 46
BC Government Declared Make a Will Week: Krista James
April 7 to 13, 2019 14 Estate Planning for Seniors 49
Who Needs a Will? 15 Lori McLeod
Undue Influence, Spouses, and Defective Wills 3 Key Things to Know
5 Years Post-WESA 16 when Looking after Your Senior Parents 50
Trevor Todd
Linda Caisley
WILL INSTRUCTIONS
Watch for “Suspicious Circumstances” 22 Maximizing the Philanthropic Impact of Your Will 52
Trevor Todd Leanne McConnachie
The Role of the Public Guardian and Trustee The Unidroit
of BC in the Administration of Estates 26 “International Will” Convention 54
Brad Anderson Professor Peter Zablud, AM, RFD
The Scrivener: What’s in a Name?
“A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford English Dictionary describes a Scrivener, the
craftsman charged with ensuring that the written affairs of others flow smoothly, seamlessly, and accurately. Where a Scrivener
must record the files accurately, it’s the Notary whose Seal is bond.
We chose The Scrivener as the name of our magazine to celebrate the Notary’s role in drafting, communicating, authenticating,
and getting the facts straight. We strive to publish articles about points of law and the Notary profession for the education and
enjoyment of our members, our allied professionals in business, and the public in British Columbia.
BC Notaries Association Volume 28 Number 1 Spring 2019
4
Services a BC Notary Can Provide 18, 48
BC Notaries Speak Your Language 47 Published by
Letters58 The Society of Notaries Public
Celebration of the Life of Marco Marquito Castro 59 of British Columbia
Juliana Mendes Castro
Job Fair 60 Editor-in-Chief Val Wilson
BC Notaries Fall Conference 2019. Save the Date!60 Legal Vets John Mayr, Ron Usher,
PROFILE OF A BC NOTARY
Leanne Rebantad
Showcasing the Winners of the Prestigious Notary Advisor Ken Sherk
Dr. Bernard W. Hoeter Award.
Year 2012: BC Notary Cassandra Coolin 61 Courier Lightspeed Courier & Logistics
BC Notaries Participate in Mortgage Brokers of BC Photographer Wildman Photography
Annual Conference 62
Gilbert Chan
The Scrivener
BC Notaries Association email: scrivener@society.notaries.bc.ca
Receives 2019 Mortgage Broker Corporate Partner Award 62
website: www.notaries.bc.ca/scrivener
Fun and Fundraising at the S.U.C.C.E.S.S. Gala! 63
The Society of Notaries Public of BC
604 681-4516
Send photographs to
scrivener@society.notaries.bc.ca
Building Better Communities, One Grant at a Time
The Board of Governors 64 All rights reserved. Contents may not be
TWO NEW REPORTS ON STRATA PROPERTY LAW FROM BC LAW INSTITUTE reprinted or reproduced without written
Governance Issues and Insurance Issues 65 permission from the publisher.
Kevin Zakreski This journal is a forum for discussion,
not a medium of official pronouncement.
The Society does not, in any sense, endorse
THE MiX
or accept responsibility for opinions
expressed by contributors.
2019 BC Land Summit 66
WorkPeace: From Pinch to Opportunity 67
Julia Menard
What’s New regarding Motor Vehicle Accident Injuries 68
Lauryn Kerr
The Breath of The People: CANADA POST: PUBLICATIONS MAIL
WSÁNEC´ Law and SENC´ OTEN Language Revitalization 70 AGREEMENT No. 40010827
Robert Clifford
Postage Paid at Vancouver, BC
Travel Insurance: Paradoxes in Planning 72
Ian Callaway RETURN UNDELIVERABLE CANADIAN
ADDRESSES TO CIRCULATION DEPT.
ABCLS. The Future of Land Surveying in BC 75
THE SOCIETY OF NOTARIES
Spring Tech/Auto 2019 76 PUBLIC OF BC
Akash Sablok
BOX 44
HONOURS AND EVENTS SUITE 700 – 625 HOWE STREET
PEOPLE 78 VANCOUVER, BC V6C 2T6
Where in the World Has The Scrivener Been? 78 SCRIVENER@SOCIETY.NOTARIES.BC.CA
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
5
PRESIDENT,
THE SOCIETY
OF NOTARIES PUBLIC Rhoda Witherly
OF BC
Photo credit: www.lonniewishart.com
Peace of Mind
E
©iStockphoto.com/Ron_Thomas
very year when I see • The person(s) to name in your If you want to do some research
Power of Attorney document while you are making your plan, here
spring flowers and feel and Will are links to some resources to assist
spring rains, my spirits • Who will look after your estate you. They are applicable to a Will or
personal care plan in British Columbia.
lift and I am invigorated • What to do about the house,
condo, or property BC Courthouse Libraries
after a dreary winter. http://bit.ly/clbcwills
Those are all very personal
Spring is a time for putting the decisions and they can be complicated. Province of British Columbia
garden plan in motion, ordering It is best to break the plan into steps. https://www2.gov.bc.ca/gov/content/
seeds, planning the changes for the family-social-supports/seniors/
patio plants, and deciding the row financial-legal-matters/wills-and-
configuration for the vegetable garden. estate-planning
Having the conversation
Nidus Personal Planning
With energy levels up, it is a good with yourself about what and Resource Centre
time to take a look at your personal
and estate plans, too. The Scrivener
you want in future will http://www.nidus.ca/
will not be planning your garden but help you decide how Having the conversation with
we may be able to help you with some to accomplish your goals. yourself about what you want in future
of your personal plans. In this issue, will help you decide how to accomplish
we offer tips and stories about what your goals. You may need to consult an
you might want to do, what others The First Step accountant, your local BC Notary, and
have done, and who can assist you your family doctor to get advice about
Do a quick inventory of where
along the way with your personal the direction you should go.
you are now. Consider the following
planning documents. Be sure your plans become
questions.
Our world has become so much legal, binding documents. It is
• Do you have a Will?
more complicated. We can no longer strongly recommended that you
rely on simply telling our children or • What assets do you have? have a BC Notary or lawyer draft
spouse what to do in the event of our Do you need to protect them? the documents you require. The
demise. We are all encouraged to have • For whom do you currently representatives you choose must have
“documents” to support all our plans. provide? People, pets, charities? legal authority to act on your behalf.
Where to Begin • How long will your support Easy as 1,2,3
continue? 1. Take the time to make your plans.
There are many different types of plans.
• Have you granted a 2. Imagine how they will work for you
• A finance plan for you Power of Attorney to anyone? and your family.
for the next decades
• Have you spoken to your doctor 3. Have the appropriate legal
• The fund for your children’s about your care if you become documents prepared.
education incapacitated? Your family will thank you and
• A plan for your health care • Who will benefit from your plan? you will have peace of mind. s
BC Notaries Association Volume 28 Number 1 Spring 2019
6 TABLE OF CONTENTS
EXECUTIVE DIRECTOR,
THE SOCIETY
OF NOTARIES PUBLIC John Mayr
OF BC
www.wildmanphotography.com
On the Horizon ©iStockphoto.com/MR1805
I
n folklore, there is the story they were living with the savage reality There are several underlying
of dementia, who owned the home constructs to engaging in those
of Christopher Columbus became a constant point of concern. discussions. With younger clients,
as a young boy, sitting on For whatever reason, the topic of death and events that may lead to
“the bank taking the family home” an untimely demise could be best
the dock, observing the sailing was revisited almost daily. described as distant. Midlife often
ships of the day disappear As legal professionals, brings with it the complexities of
BC Notaries are privileged in the separation and divorce, financial
into the distance. difficulties, nuclear families, and
relationships they build with their
clients. Notarial services have been relocation for employment reasons.
The notion that the Earth is
round is arguably attributed by some described as “happy law,” those areas As midlife turns, we may face
to Columbus for, at the time, the of jurisprudence that are generally less the added stress of aging parents
common belief was that the Earth was adversarial than some of the others. and compromised health. There may
flat. To prove his theory, Columbus set be experience with loss and grieving.
sail for the New World. There are those who refuse to plan
There is, of course, some real Notarial services have been or are otherwise unwilling to face
irony in the fact that a good part described as “happy law,” the inevitability that their time here
of this edition of The Scrivener is is limited.
those areas of jurisprudence
dedicated to Wills and other personal
that are generally less The challenge for the Notary,
planning documents; the arrival of
not withstanding the obstacles,
explorers brought with them disease adversarial than some is to engage with each client to
and plague that resulted in the deaths
of the others. understand the individual’s situation
of millions.
and wishes, to educate as to
The indigenous people of For many, Notaries are full the customs and laws of estate
the New World have a different life-cycle service providers. distribution, and to capture in the
perspective on what we now call form of a Will the final wishes.
estate planning. Whereas the common
law approach to Wills, Estates, and While the Will may be the end
For many, Notaries are full state, there is much in the preparation.
Succession planning is deeply rooted life-cycle service providers. Often,
in Colonialism, few argue that the Personal planning is a process that
the first contact is for the notarization seeks to ameliorate difficulties before
planning and setting out of our final of a document or letter. Or it could
wishes in writing is a foolish exercise. they arise, whether through the
be the birth of a first child or the granting of the Power of Attorney,
Like many immigrants to this result of a referral during the purchase Representation Agreement, or an
country, my parents worked and of a first home. Throughout the Advance Health Care Directive.
saved to purchase a family home. client’s life, the Notary has not only
They celebrated the day they became the opportunity but the responsibility BC Notaries are highly educated,
mortgage-free . . . “the bank no longer to engage in thought-provoking and competent, and qualified legal
owns my home.” Much later, when difficult discussions. professionals. s
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 7
PRESIDENT,
BC NOTARIES
ASSOCIATION Daniel Boisvert
www.wildmanphotography.com
BC Notaries Association Update
and Opportunity
I
©iStockphoto.com/Milkos
am pleased to bring you an That means matters such as BC Notaries have a strong Association
continuing education (including annual that keeps our “Trusted Tradition”
update on the BC Notaries conferences); certain government brand first and foremost in the eyes of
Association and further communications; promoting and both the public and government.
marketing Notaries around BC; seeking Access to Justice is very much
explanation about why the legislative changes to the expansion on the minds of government and
Association has been formed. of our scope of practice; building BC Notaries offer part of the solution
alliances with similar organizations to expand access to justice for many
For over 90 years, The Society such as BCREA, REIBC, and CMBA- British Columbians. The BC Notaries
of Notaries Public was primarily a BC; responding to media requests; Association is committed to advocating
regulator of BC Notaries, performing and many other such activities are that very theme to all stakeholders.
that obligation as required under now handled by the BC Notaries
the Notaries Act; The Society also Association. As we go forward, we are calling
advocated for BC Notaries Public on all BC Notaries to become
and their interests, secondary members of the BC Notaries
of course to the public interest.
As a group, we must Association. We are not a large group,
be sure that BC Notaries but we are a proud group . . . very
In its duties, the regulator is
remain relevant and part proud of our in-depth postgraduate
expected to put the public’s interest
education in noncontentious legal
first, so being an advocate for Notaries of the discussion when matters, our wealth of individual and
at the same time can generate
it comes to legal services collective on-the-job experience,
conflicts that may not be reconcilable.
in our province. and our very special rapport with our
The arrangement needed to clients.
graduate to a more modern model,
This work is crucial to the Do reach out to me or any other
one that meets the needs of the public
continued growth of our membership BC Notaries Association Board
and the needs of our Notaries. For
and our professional practices. member if you have questions and you
that reason and a few others, it was
As a group, we must be sure that want to become more directly involved.
time for the Association to separate
BC Notaries remain relevant and Please email me for the simple one-
from The Society and go on its own.
part of the discussion when it comes page form that will kick-start your
BC Notaries now have an organization
to legal services in our province. membership process. We need lots
with a mandate to represent its
of good people to share their time
members’ interests and advocate for There are numerous challenges
in making the BC Notaries Association
Notaries in our province, while leaving on the horizon in BC when it comes
an outstanding success. s
the very important public protection to the delivery of legal services. Now
responsibility to The Society. more than ever, it is important that daniel@deltanotary.ca
BC Notaries Association Volume 28 Number 1 Spring 2019
8 TABLE OF CONTENTS
Charities to Consider
New Directors
LET’S TAKE THE KID
Appointed
for BC Notaries The brighter side of planned giving.
Association
T
he BC Notaries Association is honoured
to announce the appointment of two new
Directors to the Board of the Association;
they bring a variety of regional and demographic Hailey-Ann will need
a kidney transplant.
perspectives to serve Association members.
The Directors will serve until the first Association Annual
General Meeting in September 2019 at the Fall Conference
in Kelowna, when all Board positions will be open for election.
Rimpy Sadhra
Rimpy Sadhra has been practising as TO LEARN MORE, CONTACT:
a BC Notary for the past 8 years. Her Pia Schindler, Senior Director of Development
business, West Coast Notaries, has offices 1-800-567-8112 EX.223 | 604-736-9775 EX.223 | pias@kidney.bc.ca
in Burnaby, Vancouver, and Surrey where
she works alongside her husband and fellow
Notary Raman Sadhra.
As a graduate of the MA ALS program, Rimpy believes
both practical training and continuous educational Rest.Q
development are essential elements for being a successful
Notary. She has been teaching the conveyancing course
Animal
for new Notary students since its inception. She has also Sanctuary
been Chapter Chair for Burnaby/New Westminster for the Our volunteer-run
past 5 years. As a Board member, Rimpy aims to promote organization rescues
the education and development of Notaries and increase and cares for animals
public awareness of the Notary Public profession. who have been abused,
Brendon Rothwell abandoned, injured, or
Ginger Boy
neglected. We find perfect
Brendon Rothwell was commissioned as
forever homes for most animals and provide permanent
a BC Notary in the spring of 2013 after
housing to another 170. We serve the Southern Gulf Islands
completing the Master of Arts in Applied
region including Galiano Island and Mayne Island.
Legal Studies program through Simon Fraser
University. His busy Notary practice is located Please consider a one-time donation
in the central Okanagan city of Kelowna, or the monthly sponsorship of one of our residents.
a community known for its industrious residents and its info@restqsanctuary.org • (250) 539 3105
beautiful scenery. www.restqsanctuary.ca
Brendon is married and the father of two girls.
His past experiences, both professional and personal,
have provided him the necessary framework and
motivation to meet the challenges ahead. Never one
to take the easy path, Brendon accepts his appointment
Rest.Q is a not-for-profit society under BC’s Societies Act and a registered charity
as a Board member, ready to work hard and apply his with Canada Revenue Agency (Charity No: 83035 9568 RR0001).
skills and knowledge to the best of his ability. s
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 9
CEO,
BC NOTARIES
ASSOCIATION Jacqui Mendes
www.wildmanphotography.com
Planning for Your Own Protection ©iStockphoto.com/monkeybusinessimages
O
n International rent, mortgages, food security, First, be informed.
cost of medications, and the Understand your financial position,
Women’s Day ability to obtain adequate credit. options, and obligations, including
March 8 this year, At the end of their working joint income, monthly outgoings,
I found myself thinking about lives, many women may lag behind taxes, property maintenance, debt
their male partners in terms of total including your mortgage or rent
the financial security of single accumulated assets and rely on and credit cards, and insurance.
women, particularly seniors, the sharing or transference of their Understand what you will need to
partners’ assets for financial security live and your options for your later
when their partner has passed. in their retirement years. years. Know where all your important
documents are and keep written and
And the financial insecurity that properly filed records.
can be experienced when you are I would not extract my own
not the primary wage earner and you teeth or do my own surgery; Second, take action based
and your partner did not sufficiently on expert advice.
consider the protection that good I go to professionals…
I wish I had a dollar for every time
estate planning provides. I have heard, “‘Well, my friend said
Gender pay inequality is still Women also live longer than men; her mum/dad/friend/neighbour did
an issue in British Columbia. Statistics Canada indicates in its 2010 such and such, so that’s what I did”
data that 56 per cent of the population or “I looked on the Internet and did
• A
Financial Health Report by
age 65 and older were women; that it myself.”
Vancity Credit Union published
rises to 67 per cent for those age 85 I would not extract my own
in March 2019, analysing the
and older. That is where good estate teeth or do my own surgery; I go to
survey results of 5200 people,
planning is critical, particularly for professionals who understand what
found that women are more
those in more complex relationships to do to ensure my health and safety.
concerned than men about
such as blended families. Legal experts such as BC Notaries
their financial health, for good
reason; women in our province So what should women be doing? are trained to provide advice and
earn 35 per cent less each year We must continue to lobby for equal pay, services for Wills and estate planning;
than their male counterparts and spread the message by sharing credible they have a great deal of experience
less than women in comparative research, help other women up the regarding real-life situations where
positions in the rest of Canada. pay ladder, and educate our children, they have helped with the complexity
spouses, colleagues, and community. of family relationships and the
• T
he report also indicates this
Those are of course longterm unexpectedness of life.
is a mental health issue for
women, with 52 per cent of women tactics, but what can we do for our No one wants to think about being
surveyed experiencing extreme personal protection from financial alone, but making a plan beforehand
emotional stress, worrying about insecurity? is your best protection. s
BC Notaries Association Volume 28 Number 1 Spring 2019
10 TABLE OF CONTENTSCharities to Consider for Your Will Planning
A place to live
A place to work
A place to connect
These should not be impossible dreams!
By helping your clients include a gift to Coast Mental
Your donation dollars rescue Health Foundation in their Will, you make recovery
donkeys who are in moderate possible for people living with mental illness.
to severe mental or physical
distress and give them a safe, Coast Mental Health complements the hospital-based
healthy, and loving permanent mental health care system by providing community-
home in a nature-respectful based housing, employment, and support services for
setting in beautiful Turtle thousands of British Columbians each year.
Valley, British Columbia.
Recovery is possible. You can help.
Our information:
Mandy www.turtlevalleydonkeyrefuge.com
(250) 679-2778 Please contact us for more information:
donkeyrefuge@gmail.com Website: www.coastmentalhealth.com | Direct: 604.349.2217
Charitable Registration No: 86150 8018 RR0001
www.facebook.com/TurtleValleyDonkeyRefugeSociety
United We Change Lives For more information on Will planning or other
estate gifts, please contact your local United Way or:
A collective effort is needed to help those in our BC Lower Mainland
communities who need it most. For generations, Elaine Fung: (604) 268-1317 Email: elainef@uwlm.ca
United Way has been analyzing local social
service needs, raising funds, and supporting Thompson – Nicola – Cariboo Region
Danalee Baker: (250) 372-9933
effective programs and charities in our BC Email: danalee@unitedwaytnc.ca
communities, changing people’s lives for the better.
Okanagan – Columbia – Shuswap – Similkameen
Donors can trust that through United Way, they can Sarah Anne Taylor: 1-855-232-1321
make a positive difference in their community now, Email: sarahanne@unitedwaycso.com
and through a gift in their Will into the future. Greater Victoria – Saanich Peninsula – Gulf Islands
Peter Brimacombe: (250) 220-7379 Email: peter@uwgv.ca
Central and Northern Vancouver Island
Patti Mertz: (250) 591-8731 Email: dd@uwcnvi.ca
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 11KEYNOTE
www.wildmanphotography.com
Val Wilson
Editor-in-Chief
Drawing by Barb Wood
Do You Have
All Your Docs
Why Delay Such Contentment? in a Row?
T
his issue of The Scrivener necessary steps to make the necessary
documents. Our laws naturally cover
contains much valuable off what happens when nothing is Articles in our theme section
information on the done, but that is rarely desirable and will enlighten you about the four
certainly not less expensive. personal and health care planning
“how and why” of estate and documents in British Columbia.
There is a marvellous passage
personal planning in British in the novel Moby Dick where, after 1. Will
Columbia. a harrowing encounter while whaling,
2. Representation Agreement
Ishmael makes a Will. When it is done,
The laws that apply to Wills, he comments, “I felt all the easier; 3. Advance Health Care Directive
Estates, Powers of Attorney, a stone was rolled away from my heart
4. Power of Attorney
Representation Agreements, and . . . I looked round me tranquilly and
Advance Health Care Directives that contentedly…” Helpful Explanations
are made, used, and “probated” The attorney appointed by a Power
That reflects my experience
in BC are governed by BC provincial of Attorney document is not a lawyer.
of many years in assisting
legislation and BC Court decisions. He or she is the person designated
clients with these documents.
As a result, great care is needed The discomfort of dealing with in the Power of Attorney document.
in using the advice given in Internet difficult and sensitive issues is real An Enduring Power of Attorney is
searches and by online experts. Doing but I can assure readers that the a Power of Attorney that can continue
online research can be useful but, as relief Ishmael expresses is not just a or endure even in the event of the
they say, “Discretion is advised.” There passage in a work of fiction; it is the subsequent incapacity of the adult.
is excellent BC information available experience of many who thoughtfully • The Power of Attorney is in effect
online through sources such as “Nidus” make those documents. while you are alive. If you pass
(www.nidus.ca) and the Legal Services
So why delay such contentment? away, your Power of Attorney
Society websites. Use those sites as
Make an appointment to see your local is no longer in effect.
a way to get informed and prepared
BC Notary as soon as possible. s • The Representation Agreement
for a visit to your local BC Notary.
Ron Usher is General and the Advance Health Care
That said, the most significant
Counsel and a Practice Directive are in effect while you
problem that occurs in regard to
Advisor for The Society are alive.
estate and personal planning is not
faulty research or a failure to comply of Notaries Public of BC. The articles that follow more fully
with a technical point of law. Most explain the personal planning
often it is simply a failure to take the www.notaries.bc.ca documents. s
BC Notaries Association Volume 28 Number 1 Spring 2019
12 TABLE OF CONTENTSTiah Workman
WHEN SHOULD YOU HAVE
YOUR PERSONAL PLANNING
DOCUMENTS IN PLACE?
Now!
O
ur office is very busy
Alert: When you need
in the area of Wills and a Power of Attorney,
personal planning. Representation Agreement,
So many people do not understand or Advance Health Care
the importance of having personal Directive, it is generally
planning documents in place.
too late to do one.
Over the years, I have been
witness to situations where those
Vancouver General Hospital because in
documents proved invaluable to clients
all her medical records, my name was
of all ages.
noted as her emergency contact. They
I have been appointed executor/ were about to take her into surgery.
trustee for many senior clients who
The surgery, if successful, would
have no family or no family close
have left her a quadriplegic; she would
by; I also act for many clients as
have needed full-time care in a care
their attorney (under their Power
facility.
of Attorney) and representative (under
their Representation Agreement). The Advance Health Care Directive
that she had sent me very clearly
I have had clients end up in
stated “any condition where others
hospital, unable to be involved in their
have to wash, dress, and feed” her or
own decision-making because they
if she could not stay in her own home
did not feel comfortable appointing
would be intolerable or unacceptable.
me or another person to make future
I was able to provide that document
personal care decisions for them.
to the hospital to stop a surgery
Unfortunately, some have ended up
she absolutely did not want. In that
receiving treatment they did not want
instance, the Advance Health Care
because they were unable to speak
Directive proved a very important tool.
for themselves and no one was legally
named to speak for them. My client died shortly after her
ventilator was removed that evening
A 66-year-old client suffered
because the doctors were able to
a minor fall last week that led to a
follow her wishes . . . she had made
catastrophic spinal cord injury due
them known.
to a pre-existing condition. I had been
appointed her executor/trustee and Alert: When you need a Power of
attorney 8 years ago, but she had not Attorney, Representation Agreement,
appointed me her representative under or Advance Health Care Directive,
a Representation Agreement. She had, it is generally too late to do one.
however, done an Advance Health Care Please consider doing those important
Directive herself and just happened to personal planning documents now with
send me a copy of it last year. your BC Notary. s
I found out about her fall when Tiah Workman is a BC Notary
I received an urgent call from practising in Nanaimo.
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 13BC Government Declared
Make a Will Week:
April 7 to 13, 2019
T
he mandate of “Make may decide on the future of dependent “Many people put off
children and assets. creating a Will. Absence
a Will Week” is to of a Will can create
“It is essential that
encourage British anyone with dependent stress and conflict
children has a current among family members
Columbians who don’t have after a person’s death
Will,” says Victoria
a current Will Notary Morrie Baillie. and lead to increased costs to the
“The lack of a Will estate and unexpected outcomes
• to have a legal professional can leave dependent for children and beneficiaries,” says
prepare them a Will or update children vulnerable to wait in foster Tsawwassen Notary Daniel Boisvert.
the one they have, and care while the Courts decide on a
Your Time is Valuable
• to encourage families to discuss suitable guardian. Contrast that to
the topic. the simplicity of a Will that empowers A good way to start the Will process
Two-thirds of parents with dependent you to nominate someone you trust is to think about who you would want
children do not have a Will. to take immediate care of your minor to care for your children and to inherit
children.” your home and any other assets. Then
March 2018 Ipsos Survey visit your BC Notary to assist you in
conducted for BC Notaries preparing a proper and legal Will.
A recent online survey of 800 The kindest thing people
BC residents found 66% of parents can do is ensure they Creating a Will takes less time
of children 18 or younger do not than most people think. It can usually
have a Will. That leaves the family
have an up-to-date Will be completed in two short meetings.
vulnerable to outside decision-makers, in place… Says Vancouver Notary David Watts,
delays, and conflict if something were “During the first meeting, we discuss
to happen to one or both parents. a general overview of your assets and
The costs of administering the your intentions for their distribution.
Research also shows a significant estate may be higher if a legally The second meeting finalizes your plan
gap between the number of British enforceable Will does not exist. The and your paperwork.”
Columbians who own a home and kindest thing people can do is ensure
those with a legal Will in place, they have an up-to-date Will in place Most people find creating a
particularly among those under age so their loved ones don’t need to worry Will leads to important discussions
35. In a survey of individuals 18 to about the details of an estate while and decisions with family members.
34, 50 per cent own a home but only they are grieving. Knowing your assets will be distributed
13 per cent have a Will. to family, friends, and charitable
“We know many people organizations according to your wishes
No Will? pass without a Will brings families closer by creating
If there is no Will in place or the Will because BC Notaries more certainty and peace of mind
is not properly prepared, custody help families navigate for everyone.
of children under 18 and property the bureaucracy and
distribution may not occur the way uncertainty created for BC Notaries are available in many
the deceased intended. If the Public those left behind when a person dies areas of BC to discuss Will planning.
Guardian and Trustee is brought in intestate,” says Prince Rupert Notary
to administer the estate, the Province Rhoda Witherly. www.notaries.bc.ca s
BC Notaries Association Volume 28 Number 1 Spring 2019
14 TABLE OF CONTENTSWho Needs a Will?
• Do you have dependent children? • Do you want to reduce conflict within the family?
Wills help protect dependent children by appointing Creating a Will and ensuring it is up-to-date is very
someone to care for your underage children if you die. important to show exactly how you want your assets
That is particularly important for single parents or blended divided. The kindest thing you can do for your loved ones
families where the law may not align with your wishes. is to have a Will . . . and make sure it is up to date to
If you don’t designate custody, that decision may be dispel doubt, anxiety, hurt feelings, and delays.
made by a stranger through the Court system.
• Do you have pets?
• Are you a homeowner?
For many British Columbians, pets are family. People
If you share ownership of a property or a home, it is want to ensure their pets will continue to be cared for,
important to review the structure of that agreement if something were to happen to their human mom or dad.
because it can impact what happens to that ownership A Will designates those provisions.
if you die. Your BC Notary can do a title search and
discuss the options available to ensure your wishes • Do you want peace of mind?
are legally possible and your Will is clear. A BC Notary can eliminate or at least reduce stress, taxes,
• re you separated, divorced, or living
A and conflict among loved ones when a family member
in a common law relationship? dies. Having a Will gives you and your family peace of
mind that your assets will go to those you love and your
Changes in your living arrangements or marital status can
wishes will be followed. Most people find the process
call for changes to your Will. Creating or updating a Will
leads to important discussions and decisions and brings
is very important for people whose relationship status has
families closer. It also provides you with assurances that
changed, for example, due to marriage, separation, divorce,
your assets will be distributed to family, friends, and
or when there has been a birth or death in the family.
charitable organizations according to your current wishes.
Your Will indicates the way you want your assets to be
divided or assigned. To find a Notary near you, please visit www.notaries.bc.ca.
Change cancer forever.
Leave a gift in your Will.
A gift in your Will is a gift for the future.
By funding research you can make a
difference in people’s lives and help
to eradicate cancer for our children
and grandchildren.
Canadian Cancer Society, BC & Yukon
Charitable Registration Number:
118829803 RR0001
Janice Williams, CFRE
Manager, Estate & Gift Planning
1-800-663-2524 ext 7112
janice.williams@cancer.ca
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Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 15Trevor Todd
Photo credit: Matthew Chen
Undue Influence, Spouses,
and Defective Wills
5 Years Post-WESA
I
t has now been just over allegation of undue influence will involve distinction between gifts or transfers
a situation where one party is dominant inter vivos, as opposed to those
5 years since British and another dependent on that person, made by Will, and only in the case of
Columbia’s Wills, Estates and then a questionable transaction “special trust” relationships where the
either by Will or inter vivos occurs. transfer of the asset was inter vivos did
and Succession Act (“WESA”) a presumption of undue influence arise
It is extremely difficult to win
was introduced. This article an undue influence case where the [Geffen v. Goodman (1991) 81 DLR
mental capacity of the deceased is (4th) 211 (SCC)].
will review some of the leading
not at least questionable at the time Geffen noted that these types of
cases in three areas of law, the Will or gift was made. It is difficult special relationships exist between
namely enough to persuade Judges that trustee and beneficiary, doctor and
someone has acted under the undue patient, solicitor and client, parent and
(1) undue influence and section 52 influence of another person when child, and caregivers.
WESA; the party in question is not mentally No such presumption arose with
impaired. respect to a Will, leaving the plaintiff
(2) the definition of spouse and
marriage-like relationship; and with the daunting task of proving
Undue influence is influence actual undue influence [Vout v. Hay
(3) what is a Will and section 58 (1995) 7 ETR (2d) 209 (SCC)].
WESA. that overbears the will
Court Decisions Re. Section 52 WESA
PART 1 of the person…
Section 52 WESA reads as follows.
What is Undue Influence? 52 In a proceeding, if a person
It is not necessary to be mentally
It is odious, secretive, more prevalent claims that a will or any provision
incompetent to be under the control
than one would think, and difficult to of it resulted from another person
of another person’s direction, as
expose and “prove.”
witnessed by the behaviour of many (a) being in a position where
Undue influence is influence intelligent people who join cults at the potential for dependence
that overbears the will of the person great personal expense. Cult cases, or domination of the will-
influenced to the extent that what he however, simply do not come along maker was present, and
or she does is not his or her own act. very often.
(b) using that position to
[Longmuir v. Holland, 2000 BCCA Prior to the introduction of section unduly influence the will-
538, at para. 71] 52 WESA, there were two differing maker to make the will or
By definition, virtually every estate burdens of proof: 1 for Wills and 1 for the provision of it that is
litigation fact pattern involving an inter vivos gifts. The Courts drew a challenged,
BC Notaries Association Volume 28 Number 1 Spring 2019
16 TABLE OF CONTENTSa nd establishes that the other a presumption that the donee had recognized as giving rise to the
person was in a position where influence over the donor: Allcard presumption, such as solicitor
the potential for dependence or v. Skinner (1887), 36 Ch.D. and client, parent and child,
domination of the will-maker was 145 (C.A.) at 171; Modonese at and guardian and ward, as
present, the party seeking to para. 97. A gratuitous transfer well as other relationships of
defend the will or the provision from a parent to an adult child dependency which defy easy
of it that is challenged or to creates the presumption of undue categorization.
uphold the gift has the onus of influence by the adult child:
Having established the
establishing that the person in Geffen v. Goodman Estate, [1991]
requisite type of relationship
the position where the potential 2 S.C.R. 353 at 378.
to support the presumption,
for dependence or domination of
the next phase of the inquiry
the will-maker was present did
involves an examination of the
not exercise undue influence over
nature of the transaction. ...
the will-maker with respect to the
will or the provision of it that is …in situations where
challenged. consideration is not an
issue, e.g., gifts and
There have been two decisions,
bequests, it seems to me
as discussed below, in which the
quite inappropriate to put a
presumption of undue influence has
plaintiff to the proof of undue
been mentioned and then more or less
disadvantage or benefit in
ignored.
the result. In these situations
(a) Trudeau v. Turpin Estate the concern of the court is
In Trudeau v. Turpin Estate, 2019 that such acts of beneficence
BCSC 150, the Judge reviewed the law not be tainted. It is enough,
starting with citing section 52 WESA therefore, to establish the
and then went on to basically ignore [111] In this context, undue presence of a dominant
the presumption of undue influence influence does not depend on relationship.
by finding the evidence was clear that proof of reprehensible conduct— Once the plaintiff has
there was no potential for domination indeed, the donee may have acted established that the
by the defendant over the deceased. sincerely and honestly. However, circumstances are such as
equity will intervene as a matter of to trigger the application
The Judge went so far as to say,
public policy to prevent influence of the presumption, i.e.,
at para. 121:
existing from certain relationships that apart from the details
I reject as absurd plaintiff from being abused: Ogilvie v. of the particular impugned
counsel’s submissions that Ogilvie Estate (1998), 49 B.C.L.R. transaction the nature of
Dorothy’s continuous presence (3d) 277 (C.A.) at para. 14, citing the relationship between the
at the Property, her provision of Allcard at 171; Modonese at plaintiff and defendant was
assistance and care to Isabel, para. 99. such that the potential for
her statement to Isabel in the influence existed, the onus
lawyer’s office in April 2005 that [112] In Geffen at 378–79, moves to the defendant to
she should simply provide for Justice Wilson discussed the rebut it. As Lord Evershed
an equal distribution, and her presumption of undue influence M.R. stated in Zamet v.
suggestion that Isabel change in the following passages. Hyman, [[1961] 3 All E.R.
doctors after her previous doctor 933] at p. 938, the plaintiff
had misdiagnosed her bladder What then must a plaintiff
must be shown to have
condition equates to or resulted establish in order to trigger
entered into the transaction
in Dorothy having influenced a presumption of undue
as a result of his own “full,
Isabel’s testamentary decision- influence? In my view, the
free and informed thought.”
making in 2015. inquiry should begin with an
Substantively, this may entail
examination of the relationship
In coming to that conclusion, the a showing that no actual
between the parties. The first
Judge discussed the applicable law as influence was deployed in the
question to be addressed
follows. particular transaction, that
in all cases is whether the
the plaintiff had independent
[110] Undue influence can arise potential for domination
advice, and so on.
where the relations between the inheres in the nature of the
donor and donee at the time of relationship itself. This test Additionally, I agree with those
or shortly before the execution embraces those relationships authors who suggest that the
of a will have been such as to raise which equity has already magnitude of the disadvantage
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 17Services a BC Notary or benefit is cogent evidence
going to the issue of whether In order to succeed, the
Can Provide influence was exercised. claimant must establish
[113] Accordingly, once a that she lived with the
Notarization/Documents
relationship with the potential
Affidavits for All Documents required respondent in a marriage-
for domination has been
at a Public Registry within BC
Certified True Copies of Documents
established, the next phase of like relationship for a
the inquiry is to examine the continuous period of 2 years.
Execution/Authentications
nature of the transaction. Where
of International Documents
a gratuitous transfer is concerned,
Notarizations/Attestations of Signatures
the onus moves to the defendant Another relevant factor may
Personal Property Security Agreements
to rebut the presumption on the be the magnitude of the benefit
Statutory Declarations
balance of probabilities: Stone v. or disadvantage (Geffen at 379;
Personal Planning Campbell, 2008 BCSC 1518 at Longmuir at para. 121).
Estate Planning paras. 43–44.
Health Care Declarations [115] These statements of the
[114] In Stewart v. McLean, law were recently confirmed by our
Powers of Attorney
2010 BCSC 64, Mr. Justice Court of Appeal in Cowper-Smith
Representation Agreements
Punnett summarized the legal v. Morgan, 2016 BCCA 200 at
Wills Preparation
approach to the question of paras. 49–53.
Wills Searches
whether the presumption
Travel of undue influence has been (b) Ali v. Walters Estate
Authorization of Minor Child Travel rebutted at para. 97: In Ali v. Walters Estate, 2018 BCSC
Letters of Invitation for Foreign Travel
[97] To rebut the 1032, the Judge similarly found
Passport Application Documentation
presumption of undue that he did not need to address the
Proof of Identity for Travel Purposes
influence, the defendant presumption as ample evidence
Business must show that the donor existed that the deceased was not
Business Purchase/Sale gave the gift as a result of her unduly influenced by the defendant.
Commercial Leases own “full, free and informed Specifically, the Judge stated as
and Assignment of Leases thought”: Geffen at 379. A follows.
Contracts and Agreements defendant could establish this
by showing [30] In my view, the presumption
Property Matters is unnecessary to address,
Easements and Rights of Way a. no actual influence was because ample evidence makes
Insurance Loss Declarations used in the particular clear that Ms. Ali did not exercise
Manufactured Home Transfers transaction or the lack of undue influence over Mr. Walters.
Mortgage Refinancing Documentation opportunity to influence If the presumption applies, Ms. Ali
Purchaser’s Side of Foreclosures the donor (Geffen at 379; has rebutted it.
Refinancing Longmuir at para. 121);
Residential and Commercial PART 2
b. the donor had independent
Real Estate Transfers
Restrictive Covenants
advice or the opportunity to The Definition of Spouse and
obtain independent advice What Is a Marriage-Like Relationship?
and Builder’s Liens
(Geffen at 379; Longmuir
Subdivisions and CFM v. GLM, 2018 BCSC 815,
at para. 121);
Statutory Building involved a determination as to whether
Schemes c. the donor had the ability the claimant was a spouse as defined
Zoning Applications to resist any such influence by section 3 of the Family Law Act.
(Calbick v. Warne, 2009 In order to succeed, the claimant
Marine
BCSC 1222 at para. 64); must establish that she lived with
Marine Bills of Sale and Mortgages
Marine Protestations d. the donor knew and the respondent in a marriage-like
appreciated what she was relationship for a continuous period
Some BC Notaries provide these services. doing (Vout v. Hay, [1995] of 2 years.
Marriage Licences 2 S.C.R. 876 at para. 29, The couple participated in what
Mediation 125 D.L.R. (4th) 431); or is known as a swinging lifestyle, but
Real Estate Disclosure Statements
e. undue delay in prosecuting the Judge expressly stated that since
Over 390 BC Notaries to Serve You! the claim, acquiescence it was a consensual arrangement, he
For the BC Notary office nearest you, or confirmation by the did not factor their lifestyle into his
deceased (Longmuir at finding that they were not in fact in
please call 1-800-663-0343 a marriage-like relationship.
para. 76).
or visit www.notaries.bc.ca.
BC Notaries Association Volume 28 Number 1 Spring 2019
18 TABLE OF CONTENTSSpecifically, the Judge found this is no longer so: Austin at (1986) 3 B.C.L.R. 264 (C.A.) at
that the claimant did not live with paras. 55–56 para. 16. People may live together
the respondent on anything like a [195] The intentions of the continuously and interdependently
continuous basis and there were parties, particularly whether they and yet fail to establish that they
regular, perhaps annual intervals when saw the relationship as being developed the kind of psychological
the parties separated and saw other “of a lengthy indeterminate and emotional union associated
people. duration,” will be important with marriage: Takacs at para. 55.
No one factor governs whether to the determination of whether The marriage-like commitment
a relationship is marriage-like. Every the relationship was marriage- must be combined with sufficient
case must be evaluated individually like. However, evidence of their evidence of 2 years of continuous
considering all factors supporting or intentions must be tested against cohabitation. The Family Law Act
negating spousal status: Austin v. objective evidence of their has no application to more transitory
Goerz, 2007 BCCA 586, at para. 58. lifestyle and interactions, which connections. There is, of course, a
will provide direct guidance on substantial unpredictability in the
In Dey v. Blackett, 2018 BCSC the nature of the relationship: progress of nascent relationships
244, at paras. 192–196, the Court Weber, at paras. 23–24. In other and this is why the legislature fixed a
provided the following overview of words, “subjective or conscious 2-year standard before imposing legal
the principles to be borne in mind intentions may be overtaken matrimonial obligations on common
in determining a marriage-like by conduct such that whilst a law couples without children: Parke v.
relationship. person living with another might Veale, 2015 BCSC 2554, at para. 79.
[192] The determination not say he or she was living in
Connor Estate, 2017 BCSC 978,
of whether a relationship a marriage-like relationship, the
could be a bit of a game-changer for
was marriage-like requires a reality is that the relationship has
common law WESA spouses, in that
“holistic approach” in which become such”: Takacs v. Gallo
the Court finding that the parties were
all of the relevant factors are (1998) 48 B.C.L.R. (3d) 265
spouses could be an “expansion” of
considered and weighed, but (C.A.) leave to appeal to SCC
the concept of common law spouse.
none of them are treated as being ref’d, [1998] S.C.C.A. No. 238,
at para. 53. The applicant in the case, Joseph
determinative of the question:
Chambers (“Chambers”), sought a
Austin v. Goerz, 2007 BCCA 586
declaration that he was the “spouse”
at paras. 58–62.
of the deceased Patricia Connors
[193] While a “checklist” (“Connors”), within the meaning of
approach to this question is not section 2 WESA. The Court found that
appropriate, it can still be helpful Chambers and Connors were common
during the analysis to consider law spouses despite the following
the presence or absence of facts.
commonly-accepted “indicators
• T
hey maintained two entirely
of the sorts of behaviour that
separate residences and did not
society, at a given point in time,
live under the same roof.
associates with the marital
relationship”: Weber v. Leclerc, • E
ach undertook their own separate
2015 BCCA 492 at para. 25. domestic tasks such as meal
A frequently-cited authority has preparation, shopping, tending
identified these indicators as to clothing, and household
including “shared shelter, sexual maintenance.
[196] In weighing the various
and personal behaviour, services, factors, it is also an error to give • No mingling of finances occurred.
social activities, economic undue emphasis to the future
support and children, as well • S
exual relations between them
plans of a couple, in contrast in their respective households
as the societal perception of to the current realities of their
the couple”: M. v. H., [1999] were significantly reduced in the
respective situations: Takacs at last 2 years.
2 S.C.R. 3 at para. 59, citing para. 58.
Molodowich v. Penttinen (1980), • C
onnor’s hospital records
17 R.F.L. (2d) 376 at para. 16 A party to a relationship that lacks identified her marital status as
(Ont. Dist. Ct.). such characteristics is not entitled “single” and indicated Chambers
to pursue a family law action, as the as an alternative contact,
[194] While financial person is not a spouse. There is no identifying him as a “friend.”
dependence was at one time middle ground; either a person is a
considered an essential aspect spouse or is not: Gostlin v. Kergin • C
onnor identified herself as
of a marriage-like relationship, “single” on her tax returns and
Volume 28 Number 1 Spring 2019 The Scrivener | www.notaries.bc.ca/scrivener
TABLE OF CONTENTS 19Chambers identified himself as at para. 80) is Molodowich v. (c) Shopping,
“separated” after 2012. Penttinen (1980), 17 RFL (2d)
(d) Household maintenance,
376 (ONDC):
• C
hambers identified his wife
(e) Household maintenance,
as his “current spouse” in the [16] I propose to consolidate
spousal declaration for his the statements just quoted (4) SOCIAL
municipal pension plan application by considering the facts and (a) Did they participate together or
in September 2011, a designation circumstances of this case separately in neighbourhood and
that was never changed. with the guidance of a series community activities?
of questions listed under the
• I n August 2013, Chambers (b) What was the relationship and
seven descriptive components
declared for the purposes of his conduct of each of them towards
involved, to varying degrees
group benefits with Manulife members of their respective
and combinations, in the
Financial that he had no common families and how did such families
complex group of human inter-
law spouse and he did not declare behave towards the parties?
relationships broadly described
Connor as a beneficiary.
by the words “cohabitation” (5) SOCIETAL
• C
hambers’ children had no and “consortium”:
involvement in the life of Connor What was the attitude and conduct
and indeed the son was never of the community towards each of
even introduced to her. During much of his longtime them and as a couple?
• N
either Chambers nor Connor relationship with Connor, (6) SUPPORT (ECONOMIC)
displayed photographs of Chambers lived with his wife (a) What were the financial
each other in their respective and family and saw Connor arrangements between the
residences. parties regarding the provision
when he could. of or contribution towards the
Chambers’ application to be
declared Connor’s spouse was opposed necessaries of life (food, clothing,
by Connor’s five half-siblings that she (1) SHELTER shelter, recreation, etc.)?
did not know. (a) Did the parties live (b) What were the arrangements
During much of his longtime under the same roof? concerning the acquisition and
relationship with Connor, Chambers ownership of property?
(b) What were the sleeping
lived with his wife and family and saw arrangements? (c) Was there any special financial
Connor when he could. The Judge arrangement between them which
found they never lived together under (c) Did anyone else occupy or share
both agreed would be determinant
the same roof as a result of Connor the available accommodation?
of their overall relationship?
being a hoarder and there being no (2) SEXUAL AND PERSONAL BEHAVIOUR
(7) CHILDREN
room for Chambers to reside in her (a) Did the parties have sexual
residence. relations? If not, why not? What was the attitude and conduct
of the parties concerning children?
Connor had left Chambers her (b) Did they maintain an attitude
$410,000 RRSP and the Judge found of fidelity to each other? [23] Other authorities have
it likely that while she died intestate, emphasized that this is not a
she had prepared a Will that left (c) What were their feelings toward checklist and “these elements
Chambers a substantial bequest, but each other? may be present in varying degrees
the Will could not be found. In the (d) Did they communicate on and not are all necessary for the
result, the Judge declared that at the a personal level? relationship to be found conjugal”
time of Connor’s death, Chambers was (M. v. H. [1999] 2 SCR 3 at para.
(e) Did they eat their meals together?
her “spouse” within the meaning of 59; cited in Austin v. Goerz, 2007
section 2 WESA. (f) What, if anything, did they do BCCA 586 at para. 57; the Court
to assist each other with problems of Appeal equated “conjugal”
Molodowich v. Penttinen, as cited
or during illness? with “marriage-like” in the same
above, was invoked in Richardson
(g) Did they buy gifts for each other paragraph).
Estate (Re), 2014 BCSC 2162, a
recent WESA decision, as follows. on special occasions? In Weber v. Leclerc, 2015 BCCA
(3) SERVICES 492, leave to appeal to SCC refused,
[22] A leading authority with
[2016] S.C.C A No 19, the Court
respect to the meaning of What was the conduct and habit again reviewed the case law respecting
“marriage-like relationship” of the parties in relation to “marriage-like relationships,” noting:
(sometimes also referred to as
“cohabitation,” Campbell v. (a) Preparation of meals,
[23] The parties’ intentions—
Campbell, 2011 BCSC 1491 (b) Washing and mending clothes, particularly the expectation that
BC Notaries Association Volume 28 Number 1 Spring 2019
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