November 17, 2015
November 17, 2015
Career Posting – Senior Conveyancer
David Watts Notary Corporation is a BC Notary firm that specializes in residential real estate conveyancing. We are conveniently located in downtown Vancouver, across from Waterfront Station at the corner of Granville and Hastings. We have been in practice since May of 2006 and have voted by readers of the Georgia Straight as “Winner” in their “Best of Vancouver” in the category of “Best Lawyer / Notary when Buying /Selling Real Estate” for the past 7 years. We work with a variety of local and international clients and their properties through the province. One of the key things that makes our firm different, as well as a great place to work is our commitment to technology in making our jobs as efficient as possible and keeping focus on work / life balance for all staff.
Reporting to the President, the Senior Conveyancer’s key duties and responsibilities are:
- Purchase, sale, refinance files; start to finish
- Quote clients when they inquire
- Provide information about our process
- Respond to inquiries for file updates
- Open files, do them, register & pay out, reporting to clients and lenders
- Maintain BF system for discharges, holdbacks, STC’s
- 3-5 years working as a Conveyancer doing purchase, mortgage and sale files
- Consideration for LAA, other Conveyancing Courses
- Pro Suite
- BC Online & LTSA
- Outlook, Word, Acrobat
- Experience with:
- Strata properties
- Private and bank mortgages
- Leasehold properties
- New project conveyances
- Understand basic legal concepts;
- Joint tenancy v. tenants in common
- What is title insurance?
- Explain to a client how they qualify for First Time Home Buyer Exemption to PTT
- Seeks a busy work environment with a stimulating pace where there is a need to accomplish tasks in a timely fashion.
- Seeks recognition for their attention to detail; their ability to accept and follow guidelines; and produce dependable work.
- Is motivated by work that has a balance of “social” and “technical” activities – some selling and persuading along with some analytical / quantitative components. They are also engaged by the opportunity to help establish performance expectations.
- Tends to seek a role which allows for individual initiative within a team environment, at times providing guidance to others while also completing personal tasks.
- Is motivated by opportunities to be involved in decision-making processes and coordinate the efforts of others.
- Seeks recognition for effective input leading to improvement and for accomplishing specific objectives.
There is an attractive compensation package based on salary and bonus based on achieving growth targets.
If you are interested in this position please:
- Email resume and cover letter to firstname.lastname@example.org
- Complete a Pro.file People survey which is an on-line personality assessment which takes approximately 25 minutes to complete http://www.profileperformancesystem.com/survey.html?SL=46236
While we thank you in advance for your interest and application, please be advised that we will only respond to candidates selected for further consideration.
November 6, 2012
Its finally here: www.davidnotary.com 3.0!
Thank you Dave, Sara, Paul, Breanna and the Go-Graphics Team for your skills, creativity, patience and great CMS – Content Management System.
I really like the site. Its easy to navigate the pages; and much better for being found via iphones; etc. I would definately recommend your company to anyone who needs a website.
October 13, 2011
Section 9 of the Representation Agreement Act for information
(1) In a representation agreement made under this section, an adult may, subject to subsections (2) and (3), authorize his or her representative to
a) Do anything that the representative considers necessary in relation to the personal care or health care of the adult, or
b) Do one or more things, including any of the following:
i. Decide where the adult is to live and with whom, including whether the adult should live in a care facility;
ii. Decide whether the adult should work and, if so, the type of work, the employer, and any related matters;
iii. Decide whether the adult should participate in any educational, social, vocational or other activity;
iv. decide whether the adult should have contact or associate with another person;
v. decide whether the adult should apply for any licence, permit, approval or other authorization required by law for the performance of an activity;
vi. make day-to-day decisions on behalf of the adult, including decisions about the diet or dress of the adult;
vii. give or refuse consent to health care for the adult, including giving or refusing consent, in the circumstances specified in the agreement, to specified kinds of health care, even though the adult refuses to give consent at the time the health care is provided;
viii. despite any objection of the adult, physically restrain, move and manage the adult and authorize another person to do these things, if necessary to provide personal care or health care to the adult.
(2) Unless expressly provided for in a representation agreement made under this section, a representative must not
a) Give or refuse consent on the adult`s behalf to any type of health care prescribed under section 34(2)(f) of the Health Care (Consent) and Care Facility (Admission) Act,
b) Make arrangements for the temporary care and education of the adult`s minor children, or any other persons who are cared for or supported by the adult, or
c) Interfere with the adult`s religious practices.
(3) In a representation agreement made under this section, if a representative is provided the power to give or refuse consent to health care for the adult, the representative may give or refuse consent to health care necessary to preserve life.
October 13, 2011
Section 7 of the Representation Agreement Act
(1) In a representation Agreement made under this section, an Adult may authorize his or her Representative to help the Adult make decisions on behalf of the Adult, about any or all of the following:
(a) the Adult’s personal care, .and
(b) routine management of the Adult’s financial affairs, including, subject to the regulations,
(i) payment of bills
(ii) receipt and deposit of pension and other income,
(iii) purchases of food, accommodation and other services necessary for personal care, and
(iv) the making of investments;
(c) major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act, but not including the kinds of health care prescribed under section 34 (2) (f) of that Act;
(d) obtaining legal services for the Adult and instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on the Adult’s behalf.
(2) An Adult may authorize a Representative under subsection (1) (a) to accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the Adult’s admission to a care facility, but only if the facility is
(a) a family care home,
(b) a group home for the mentally handicapped, or
(c) a mental health boarding home.
(2.1) A Representative may not be authorized under this section
(a) to help make, or to make on the Adult’s behalf, a decision to refuse health care necessary to preserve life, or
(b) despite the objection of the Adult, to physically restrain, move or manage the Adult, or authorize another person to do these things.
Section 2 of the Representation Agreement Regulation, B.C. Reg. 199/2001, is repealed and the following substituted:
2. (1) For the purposes of section 7(1)(b) of the Act, the following activities constitute “routine management of the Adult’s financial affairs”:
(a) Paying the adult’s bills
(b) Receiving the adult’s pension, income and other money;
(c) Depositing the adult’s pension, income and other money in the adult’s accounts;
(d) Opening accounts in the adult’s name at financial institutions;
(e) Withdrawing money from, transferring money between or closing the adult’s accounts;
(f) Receiving and confirming statements of account, passbooks or notices from a financial institution for the purpose of reconciling the adult’s accounts;
(g) Signing, endorsing, stopping payment on, negotiating, cashing or otherwise deal with the cheques, bank drafts and other negotiable instruments on the adult’s behalf;
(h) Renewing or refinancing, on the adult’s behalf, with the same or another lender, a loan, including a mortgage, if
(i) the principal does not exceed the amount outstanding on the loan at the time of the renewal or refinancing, and
(ii) in the case of a mortgage, no new registration is made in the land title office respecting the renewal or refinancing;
(i) Making payment on the adult’s behalf on a loan, including a mortgage, that
(i) Exists at the time the representation agreement comes into effect, or
(ii) Is a renewal or refinancing under paragraph (h) of a loan referred to in that paragraph;
(j) Taking steps under the Land Tax Deferral Act for deferral of property taxes on the adult’s home;
(k) Taking steps to obtain benefits or entitlements for the adult, including financial benefits or entitlements
(l) Purchasing, renewing and cancelling household, motor vehicle or other insurance on the adult’s behalf, other than purchasing a new life insurance policy on the adult’s life;
(m) Purchasing goods and services for the adult that are consistent with the adult’s means and lifestyle
(n) Obtaining accommodation for the adult other than by the purchase of real property
(o) Selling any of the adult’s personal and household effects, including a motor vehicle
(p) Establishing an RRSP for the adult
(q) Making contributions to the adults RRSP and RPP;
(r) Converting the adult’s RRSP to a RRIF or annuity and creating a beneficiary designation in respect of the RRSP or annuity that is consistent with the beneficiary designation made by the adult in respect of the RRSP
(s) Making, in the manner provided in the Trustee Act, any investments that a trustee is authorized to make under that Act;
(t) Disposing of the adult’s investments;
(u) Exercising any voting rights, share options or other rights or options relating to share held by the adult;
(v) Making donations on the adult’s behalf to registered charities, but only if
(i) this is consistent with the adult’s financial means at the time of the donation and with the adult’s past practices, and
(ii) the total amount donated in any year does not exceed 3% of the adult’s taxable income for that year;
(w) In relation to income tax,
(i) completing and submitting the adult’s returns,
(ii) dealing, on the adult’s behalf, with assessments, reassessments, additional assessments and all related matters, and
(iii) subject to the Income Tax Act and the Income Tax Act (Canada), signing on the adult’s behalf, all documents, including consents, concerning anything referred to in subparagraphs (i) and (ii)
(x) Safekeeping the adult’s documents and property;
(y) Leasing a safety deposit box for the adult, entering the adult’s safety deposit box, removing its contents and surrendering the box;
(z) Redirecting the adult’s mail:
(aa) Doing anything that is
(i) Consequential or incidental to performing an activity described in paragraphs (a) to (aa) and
(ii) Necessary or advisable to protect the interests and enforce the rights of the adult in relation to any matter arising out of the performance of that activity.
(2) For greater certainty, the activities that under subsection (1) constitute “routine management of the adult’s financial affairs” do not include any of the following:
(a) Using or renewing the adult’s credit card or line of credit or obtaining a credit card or line of credit for the adult;
(b) Subject to subsection (1) (h), instituting on the adult’s behalf new loan, including a mortgage;
(c) Purchasing or disposing of real property on the adult’s behalf;
(d) On the adult’s behalf, guaranteeing a loan, posting security or indemnifying a third party;
(e) Landing the adult’s personal property or, subject to subsection (1) (v), disposing of it by gift;
(f) On the adult’s behalf, revoking or amending a beneficiary designation or, subject to subsection (1) (r), creating a new beneficiary designation
(g) Acting, on the adult’s behalf, as director or officer of a company
Section 3 of the Representation Agreement Regulation, B.C. Reg. 199/2001, is repealed and the following substituted:
3. Financial Records of the representatives
(1) This section applies to a representative appointed under a representation agreement made under section 7 of the Act who has authority over an adult’s financial affairs.
(2) A representative must make a reasonable effort to determine the adult’s property and liabilities as of the date on which the representative first exercises authority on the adult’s behalf, and maintain a list of that property and those liabilities.
(3) a representative must keep the following records in relation to the period for which the representative is acting:
(a) a current list of the adult’s property and liabilities, including an estimate of their value if it is reasonable to do so;
(b) accounts and other records respecting the exercise of the representative’s authority under the representation agreement;
(c) all invoices, bank statements and other records necessary to create full accounts respecting the receipt or disbursement, on behalf of the adult, of capital or income.
2 the following section is added:
3.1 Care records of representatives
(1) This section applies to a representative who has authority over an adult’s personal care or health care, as applicable.
(2) Subject to subsection (3), a representative must keep the following records in relation to the period for which the representative is acting:
(a) except as set out in the representation agreement, a copy of any record made by the adult of the adult’s instructions, wishes, beliefs and values within the meaning of Section 16 of the Act;
(b) if, since the date the representation agreement was made, the adult’s residence changes or there is a material change in the needs of the adult with respect to personal care or health care, information respecting the nature of the change and the decision made by the representative in respect of it;
(c) if the representative made on behalf of the adult a decision respecting
(i) major health care within the meaning of the Health Care (consent) and Care Facility (Admission) Act, or
(ii) the admission of the adult to, or the adult’s continued residence in, a care facility within the meaning of the Health Care (consent) and Care Facility (Admission) Act, a description of the decision made and the date on which it was made;
(d) if the representative restricts a person from contacting or associating with the adult, information respecting the nature of the restriction and the decision made by the representative in respect of it;
(e) if the adult was physically restrained, moved or managed, under authority granted under the representation agreement and section 9 (1) (b) (viii) of the Act or another enactment, a description of who physically restrained, moved or managed the adult and why.
British Columbia Power of Attorney Act (Excerpts), 2011, Parts 2: Duties, Powers, Authority of Attorney (Sections 19, 20, 21, 29, & 30)
October 13, 2011
Power of Attorney Act, 2011, Parts 2
Duties of attorney
19 (1) An attorney must
(a) act honestly and in good faith,
(b) exercise the care, diligence and skill of a reasonably prudent person,
(c) act within the authority given in the enduring power of attorney and under any enactment, and
(d) keep prescribed records and produce the prescribed records for inspection and copying at the request of the adult.
(2) When managing and making decisions about the adult’s financial affairs, an attorney must act in the adult’s best interests, taking into account the adult’s current wishes, known beliefs and values, and any directions to the attorney set out in the enduring power of attorney.
(3) An attorney must do all of the following:
(a) to the extent reasonable, give priority when managing the adult’s financial affairs to meeting the personal care and health care needs of the adult;
(b) unless the enduring power of attorney states otherwise, invest the adult’s property only in accordance with the Trustee Act;
(c) to the extent reasonable, foster the independence of the adult and encourage the adult’s involvement in any decision-making that affects the adult;
(d) not dispose of property that the attorney knows is subject to a specific testamentary gift in the adult’s will, except if the disposition is necessary to comply with the attorney’s duties;
(e) to the extent reasonable, keep the adult’s personal effects at the disposal of the adult.
(4) An attorney must keep the adult’s property separate from his or her own property.
(5) Unless the enduring power of attorney states otherwise, subsection (4) does not apply to property that
(a) is jointly owned by the adult and the attorney as joint tenants or otherwise, or
(b) has been substituted for, or derived from, property described in paragraph (a).
20 (1) An attorney may make a gift or loan, or charitable gift, from the adult’s property if the enduring power of attorney permits the attorney to do so or if
(a) the adult will have sufficient property remaining to meet the personal care and health care needs of the adult and the adult’s dependants, and to satisfy the adult’s other legal obligations, if any,
(b) the adult, when capable, made gifts or loans, or charitable gifts, of that nature, and
(c) the total value of all gifts, loans and charitable gifts in a year is equal to or less than a prescribed value.
(2) An attorney may receive a gift or loan under subsection (1) if the enduring power of attorney permits.
(3) Permissions under subsections (1) and (2)
(a) must be express, and
(b) may be in relation to a specific gift or loan, or charitable gift, or to gifts or loans, or charitable gifts, generally.
(4) An attorney may retain the services of a qualified person to assist the attorney in doing anything the adult has authorized the attorney to do.
Attorney must not make a will for adult
21 An attorney must not make or change a will for the adult for whom the attorney is acting, and any will or change that is made for an adult by his or her attorney has no force or effect.
When authority of attorney is suspended or ends
29 (1) The authority of an attorney is suspended in any circumstances set out in an enduring power of attorney, for as long as those circumstances continue.
(2) The authority of an attorney ends
(a) if the enduring power of attorney is terminated,
(b) if the provisions of the enduring power of attorney that give authority to the attorney are revoked,
(c) if the attorney resigns in accordance with section 25, or
(d) if the attorney
(i) is the adult’s spouse and their marriage or marriage-like relationship ends,
(ii) becomes incapable or dies,
(iii) is bankrupt,
(iv) is a corporation and the corporation dissolves, winds up or ceases to carry on business, or
(v) is convicted of a prescribed offence or an offence in which the adult was the victim.
(3) Subsection (2) (d) (i) does not apply if the enduring power of attorney states that the authority of the attorney continues regardless of whether the marriage or marriage-like relationship ends.
(4) A marriage ends for the purposes of this section when an agreement, judgment or order referred to in section 56 of the Family Relations Act is first made in respect of the marriage.
(5) A marriage-like relationship ends for the purposes of this section when the parties to the marriage-like relationship stop cohabiting with each other, with the intention of ending the relationship.
(6) If the authority of an attorney ends under subsection (2), any remaining attorneys may continue to act unless the enduring power of attorney states otherwise.
(7) Anything lawfully done by an attorney on behalf of the adult, including making an agreement, remains binding on the adult after the authority of the attorney ends.
When enduring power of attorney is suspended or terminates
30 (1) If an adult becomes incapable after making an enduring power of attorney, any authority given to an attorney under the enduring power of attorney continues.
(2) An adult may set out in an enduring power of attorney any circumstances in which the enduring power of attorney is suspended, and, if those circumstances exist, the enduring power of attorney is suspended for as long as those circumstances continue.
(3) An enduring power of attorney is suspended in accordance with the Adult Guardianship Act if the adult has a statutory property guardian under that Act.
(4) An enduring power of attorney terminates
(a) according to the terms of the enduring power of attorney,
(b) if the adult who made the enduring power of attorney dies,
(c) if the court terminates the enduring power of attorney under section 36 (5),
(d) if the enduring power of attorney is terminated under section 12 or 33 (5) of the Adult Guardianship Act, or
(e) if the enduring power of attorney is revoked.
April 13, 2011
Home Buyer’s Amount – Line 369
First Time Home Buyer’s Tax Credit
Did you purchase a home in Canada in 2010? Was it your first time, or at least first time since 2004 that you lived in a property that you owned? If you did, chances are you or your spouse can claim a $5,000 credit on your 2010 Canadian Personal Income taxes. To do so, follow the instructions for Line 369 – Home Buyer Amount.
The HBTC is calculated by multiplying the lowest personal income tax rate for the year (15% in 2009) by $5,000. For 2009 and 2010, the credit will be $750.
If you have already filed your 2010 Personal Income Taxes, you can still claim this credit. In fact, if you bought a home in 2009 as a First Time Home Buyer, and it closed after January 29, 2009; and you didn’t claim in on your 2009 taxes, you can still claim this amount for 2009. If you need to make an adjustment, you can fill out at T1 Adjustment and in the adjustment detail part (Section C), add:
Line Name of Line Previous amount +- Amount of Change Revised amount
369 Home Buyer Amount 0 + 5,000 5,000
You should probably also include some doucmetnation such as a copy of the Contract, Statement of Adjustments, Property Tax Notice for Advance Taxes, State of Title Certificate, or even a utility account invoice addressed to you. Canada Revenue Agency will likely also have noted that you have updated your address.
Make sure to indicate the year for which you are claiming this credit. If you need help with this, an accountant I often refer to is Svetlana Gaidelis, CGA of Gaidelis and Company (http://www.gaideliscga.ca/services.html).
For any questions about First Time Home Buyer issues of any kind; or if you know of someone who is in the process of buying or selling their first home; please contact me or pass along my information. We do over 400 property transfers a year, and many of them are for First Time Home Buyers.