indexation. |Wednesday, January 28, 1981 “more letters: Continued from Page 4 contributions paid into pensions funds by private companies has nothing to do with the size of . pensions nor does it tell us anything about their We do however. know that Mr. Chretien stated that ‘‘any legislation requiring full indexing of private pension plans might threaten the solvency of such firms.’’ The president states ‘‘the teachers’ position is that all retired citizens should be protected from inflation.’’ This is a fine statement, however teachers are not threatening strikes, etc. to gain benefits for all citizens only for themselves. In view that they are already protected from in- flation up to 8 per cent yearly in their own scheme and are 100 per cent protected in their Canada and Old Age pensions their stated position sounds _ rather cynical to me. Special effort _ Inthe Year Of The Child the Save The Children Fund set up a massive project to stamp out polio from the whole world. In this Year Of The Handicapped the Sidney group of SCF is making a special effort to further this cause. We are already off to a fine start through the thought- fulness of students of Craigdarroch council at the University of Victoria who wrote: ‘Just before Christmas the students Craigdarroch . residence at the University. of Victoria decided to save their loose change to donate to what they consider a worthwhile cause. J.J. Armstrong 108-3943 Quadra In a landmark decision, the B.C. Court of Appeal has upheld a group of Sidney and Brentwood lawyers’ bid. to block the appointment of a third notary public on the peninsula. The Court of Appeal Jan. 20 dismissed Douglas Victor Drew’s appeal of a Feb., 1980 B.C. Supreme Court decision which rejected his enrolment as a notary public in Sidney because ‘‘need’’ for a third notary in the area had not been established. The decision is a serious setback for the Society of Notaries Public of B.C., which had won an earlier court battle with 44 Vernon lawyers over the appointment of 29-year-old Barbara White. “This is a landmark decision. It does: clamp the lid down .(on notaries),’’» said Jim Robertson, Sidney lawyer for the local group. Applications will no longer be simply a reassignment of a notary seal he said. Drew’s lawyer, ‘Chris Considine, agreed. He. said the appeal court decision would make it extremely _ difficult for anyone to become a member of the Society of Notaries Public. Considine added notaries ~ will continue to. press. for change in legislation, to amend the provincial Notaries Public Act to remove the word ‘‘need’’ in routine replacement of seals. Immediately following the appeal THE REVIEW the attorney-general’s ministry for the change. Under the Notaries Public Act, notaries are permitted to perform some legal work, such as wills and real estate transactions. Competition for those services led to conflict between notaries and lawyers. “Lawyers contend . under the Barristers and Solicitors Act they are notaries and so there is no need to issue additional notary seals. The Notaries Public Act requires those wishing to become notaries to satisfy the B.C. Supreme Court they are ‘‘fit?? and passed the qualifications. Drew did both, but failed to satisfy the final requirement — ‘‘that there - is need of a notary public in the place where the applicant desires to practice.” ot The word ‘‘need’’ in the act had never been exactly defined, but for 25 years — since a 1955 agreement between the notaries society and the law society — notaries interpreted ‘it to mean a need exists when a seal retirement of a notary. Considine argued lawyers had to be excluded from the determination of the need for notaries. If the need for a notary could be satisfied by a notary who was also a lawyer, then that would mean the end of non- laywer notaries publicin B.C. The lawyers argued there is no distinction between a notary public who was also a barrister and solicitor and-a notary public who was not. They added that as far-as. the nature of the work performed, the Notaries Act didn’t’ make the aistitetion either. In their unanimous judgment, Justices John. Taggart, Douglas Lambert* and | James Macdonald noted: ‘‘We are required to decide that question raised by the statute. That question is whether the public needs a non-lawyer notary public in Sidney ... The onus: was on. the applicant’ (Drew) to lead that evidence and, in this case, . . . he has not led evidence that would satisfy a court that such a need existed.”’ Page 5. satisfied them there was a need for another non-lawyer notary in Sidney: eff he could show he can provide a quality of service that cannot be provided by a lawyer notary. °Or if he could perform a service - at a time when no lawyer notary may be expected to be available. ®Or if he could perform a service for a ‘significant body of clients’’ who will not: be satisfied with the services of a lawyer notary. eOr if he could perform a service at a lower fee than can be reasonably expected to be charged by a lawyer notary. eOr for any other reason,. the particular applicant in a particular place can perform a notarial service distinct from the service performed by the particular lawyer notaries in the area where he proposed to practice, for example, by taking over the practice of a non-lawyer notary who dies or wishes to retire. ~ Robertson said in an interview Saturday the appeal court decision means .- additional . notary. ap-— pointments in Sidney ‘‘are now out of the question’’, but applications elsewhere . will. be judged on in- dividual merits. _ He emphasized: notaries currently practicing in Sidney and around the -_province are ‘‘safe’’, but anyone now applying for a notary seal will have to show public need in the particular ~\ tennis courts in Troauois ae “Hugh Curtis,“ MLA: oe " . We are very happy to donate $77 to the Save the Children’s Fund. Sincerely,; Tina Doggart, ‘Women’s President, Craigdarroch Council.’’ - Our most grateful thanks to these fine young people who are concerned for sick and needy children. Their donation will be sent to help handicapped children through: the Save The Children Fund polio Project. area before receiving supreme. court court: decision, Society of Notaries - - Public representatives appealed to The court said Drew might have approval: becomes vacant through death or cA Time for fimess. is time on Your Side.. Prices E recive | pressatallye y a —. district reptescuitative. . WE es ) al SU Ne 10937 Madrona Drive, rannciracron Bg JAN. 28/ FEB. 1 | Sidney WE RESERVE THE fo GHT TO LIMIT: The unmistakeable ‘charm : Grant — a _ of particularly good taste ‘ QUANTITIES _.in ladies clothing : and © ie accessories. od for tennis. “peta EMPEROR courts GRAPES | ~~ MEXICAN. ‘Sidney has received ae pe oe $15,683 grant fore ‘construction of * oy ‘Sidney aad James Bay Square “656- 3522 384" 4932. - Park, Finance: Minister, * .> Saanich:and: the’ Islands “> announced. Monday. : ~The :courts: have: been, ~ & * planned. in: conjunction “Q. b- “with: thers in North: : ‘Saanch : to. ease. a... ¢ shortage. in _the «area, Curtis said. The.doubles:' : -/size courts have an. 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