Looking for a family doctor?

Arthur and Anna Wolak opened King Edward Medical Centre on Sept. 16. (photo from KEMC)

The King Edward Medical Centre, a full-service family practice in Vancouver offering comprehensive primary care, officially opened its doors on Sept. 16.

Located in King Edward Mall (at Oak Street), the centre was launched by physician Dr. Anna Wolak and her husband Arthur Wolak, PhD. It is open to individuals and families throughout the Greater Vancouver area.

Longstanding and active participants in the community, the Wolaks believe this is an opportune time to help those lacking a doctor.

“Given there are so many people without family doctors – and there will be more soon, as there is a slate of family doctors who will be retiring within the next few months – people will be looking for a family physician,” said Arthur Wolak, executive director of the medical centre.

Anna Wolak is a family physician and clinical assistant professor of family medicine at the University of British Columbia. Fluent in English and Filipino, her practice focuses on all ages.

She studied medicine at the University of the Philippines in Manila, the University of Texas MD Anderson Cancer Centre in Houston and the University of Adelaide in Australia. In 2007, upon completing her training in family medicine at the Royal Adelaide Hospital and the Modbury Public Hospital, also in Australia, she moved to Canada.

Before practising in Vancouver in 2009, Wolak had a large family practice in Osoyoos, and was an emergency room doctor at the South Okanagan General Hospital in Oliver.

She also has been active in medical education, having served on the planning committees of major medical conferences and programs. She spent many years as an active parent class representative at both the Jewish Community Centre of Greater Vancouver preschool and in various grades at Vancouver Talmud Torah.

In 2014, RBC selected her as one of the top 25 immigrants to the country for demonstrating “strong leadership within the medical community.”

“Despite my extensive medical background, I needed the support of an experienced businessperson to pursue this endeavour, as medical training doesn’t include business training,” she told the Independent. “My husband has the skills that I lack. Together, we decided that we could establish a medical centre in the heart of the local community that would fill a great need, as Vancouver is desperate for primary care physicians.”

An entrepreneur and writer who holds several university degrees, including a master’s in business administration, a doctorate in management and a master’s in Jewish studies, Arthur Wolak is the author of numerous articles and books on a wide range of issues, the most recent being The Development of Managerial Culture (Palgrave Macmillan) and Religion and Contemporary Management (Anthem Press).

Born and raised in Vancouver, he is also the president of CMI Chat Media, a marketing company he co-founded with his brother, Richard Wolak.

For his part, Wolak is very excited to serve as the executive director of King Edward Medical Centre, managing the many administrative aspects of the growing office. He had the idea for several years and, with their three children now all in school at Vancouver Talmud Torah, he convinced his wife that this was the time to create a place that would benefit the community.

“My father, Dr. Edward Wolak, was a physician and I was brought up with an understanding of the importance of helping people. It was a natural fit for me, even though my academic and professional background, though very broad, was not medical. Anna has the medical skills. I bring other skills to the centre,” he said.

His mother, Elizabeth Wolak, was renowned as both a music teacher and choral conductor, having established and led Jewish choirs in Vancouver for nearly 50 years. She was awarded the B.C. Community Achievement Award and the Queen Elizabeth II Diamond Jubilee Medal for her Jewish choral work in Canada.

Both his parents were Holocaust survivors from Poland.

Over the years, Arthur Wolak has been active in various Jewish organizations. He was treasurer of the Western Association of Holocaust Survivors – Families and Friends, on the advisory board of Vancouver’s Melton School of Adult Jewish Learning (an initiative of the Hebrew University) and on the planning committee of the Vancouver Jewish Film Festival. He is presently a member of the board of governors of Gratz College, the oldest independent and pluralistic college for Jewish studies in North America, situated in suburban Philadelphia.

King Edward Medical Centre is currently accepting new patients. The website is kemedical.ca.

Sam Margolis has written for the Globe and Mail, the National Post, UPI and MSNBC.

Ever consider a ghostwriter?

Judi Majewski can help you express what you’d like to say in writing. (photo by Pat Johnson)

Want to write your thoughts down but you’re not so good with words? Need to write a difficult letter? Want to record some memories? If you need a ghostwriter to help you express what you need to say – no matter what it is – a volunteer is ready and willing.

Judi Majewski has been offering the free service at the Isaac Waldman Jewish Public Library since the summer. She hopes readers of the Independent might know someone who can use her help.

“I thought, I know people struggle with this, so I would love to help people,” said the former public school teacher. Writing comes easy for her, she said, something she knows is not the case for everyone.

People for whom English is not a first language might benefit from her help, Majewski said, but she’s excited to help anyone.

“I think anybody, really, who wants to tell a story, who wants to record a memory, record their family history, write a eulogy. And anybody who struggles with putting things down on paper – I think there are a lot of people like that,” she said.

Publishing has never been a desire for her, she said, she just enjoys writing as a way of communicating feelings and thoughts.

“I have written the occasional difficult letter,” she said. “Sometimes your emotions are so involved and sometimes I think people can use help.”

She knows her challenge is to capture the voice of the person for whom she is writing.

“I want it to be in their voice. I think that’s going to be the interesting challenge for me, to see if I can do that, to see if it speaks for them,” she said. “That’s very important.”

Her husband told her she could make a business out of it, but she doesn’t want to go into business. She’s just happy to help, she said.

He offered some other advice, too.

“My husband says I express myself much better in the written word,” she said laughing. “Sometimes we think maybe we should just write to each other.”

To contact Majewski, visit her at the Waldman Library, in the Jewish Community Centre of Greater Vancouver, until Dec. 11, where she will be every other Wednesday, at 1:30 p.m., or email her directly at judimajewski@gmail.com.

Wonderful night of honours

Jewish Seniors Alliance’s first silent auction, which offered a selection of close to 30 items, from gift certificates from local businesses to paintings and prints. (photo by Susan Curtis)

How do you say thank you to individuals who strive to better the lives of people in the community? Jewish Seniors Alliance’s answer is an appreciation dinner, part of its annual general meeting, which comprises a tribute to three conscientious community personalities. As well, at this year’s AGM on Sept. 19, thanks were given to outgoing JSA president Ken Levitt and new co-presidents Gyda Chud and Larry Shapiro were welcomed.

Levitt’s leadership was praised by Shapiro, who noted the outgoing president’s “ever-present love of life, which inspires everyone and brings out the best in each person whom he meets.”

Chud read a poem, “Captain Ken,” written by JSA honourary life member Binny Goldman. It noted: “You listened with your ear and understood with your heart. Your experience, knowledge and judgment always saw us through successfully – you are a leader, a man above most men.”

Anne Kang, MLA for Burnaby-Deer Lake, spoke about the ongoing efforts of the B.C. government on seniors’ issues, including improved long-term care assistance and training of care workers, and the overseeing of buildings and streets, to ensure that they are accessible and safer for seniors.

Emcee Jack Altman began the honouree ceremony with a tribute to Tzvia Estrin, who was nominated by Yaffa House.

Estrin’s son Avie, who is the current president of Yaffa House, recounted the efforts of his mother and late father Aaron, who worked for 10 years to establish Yaffa House. It opened in 2001 as Western Canada’s first home dedicated to housing community members with mental illness in the context of a Jewish living environment, including kosher food. He said his mother continues full-throttle, being at Yaffa House every day, usually at 6:30 a.m. And he emphasized that “nobody could have achieved what Tzvia has attained and continues to do for the most vulnerable segment of our own community.”

Yaffa House presently oversees four homes across the city, including a newly opened women’s facility. Its mandate is to provide permanent non-transitional housing and has in-house support. It takes people off the streets and tries to keep them off the streets.

Tzvia Estrin thanked everyone and read the poem “Don’t Turn Your Back,” which emphasizes the importance of taking the time to compassionately listen to others’ needs and to help them as lovingly as one is able.

Cindy Charkow, a director of Yaffa House, noted the outstanding, much-needed service that the facility provides and stressed that, “without Tzvia, there wouldn’t be a Yaffa House.”

The second honouree, Jack Wizenberg, was recognized for his work with Tikva Housing Society, which helps lower-income Jewish people find affordable housing. He said, “Seeing Jewish individuals and families who are alone, struggling and having to rely on social insurance and the food bank to survive, touches my heart.”

Wizenberg served on the Tikva board for six years, bringing to the position his 41 years’ experience in property management, as well as a lifelong involvement in a range of Jewish organizations and causes in Calgary, Edmonton and Vancouver.

He said he felt “extremely moved” when reading a Jewish Federation of Greater Vancouver housing needs study indicating that, in 2015, 16% of the Jewish population in Greater Vancouver were living below the poverty line “and, in all likelihood, those numbers have increased over the last four years.” He emphasized that things beyond their control prevented these people from working and, in a blink of an eye, they found themselves in need and relying on social assistance to survive.

Wizenberg began his service at Tikva helping with maintenance and tenant issues at Dany Guincher House. Since the first 11-suite apartment building in Marpole was purchased in 2008, he said, Tikva has made available 18 units of mixed single and family housing in the Diamond Residences in Richmond and another 32 family townhouses will be available in the Ben and Esther Dayson Residences in Vancouver’s Fraserview area. Last year, 100 individuals were helped by the Esther Dayson Subsidy Program, which provided those in need with adequate funds to allow them to continue living in their current accommodations.

Tikva president Shelley Karrel said Wizenberg seemed to have a passion for property management and often joined the property management and/or fire-safety group when doing walkthroughs to evaluate building conditions and the need for repairs. His positions have included treasurer, building committee head and acquisitions committee head.

“He was always seeking to ensure the best for Tikva, the buildings and its tenants,” said Karrel. “He is a person who respects others, is very organized and is a great team player. We are blessed to have Jack as a board member and friend.”

Evening honouree , whose tenor singing voice has brought joy to countless individuals and organizations throughout the Jewish and general communities for more than six decades, was introduced by JSA president emeritus Serge Haber.

“We’re honouring people who love community,” said Haber. “Maurice has helped seniors so very much by enthusiastically and nobly giving his special talents, his outstanding voice to the community, and particularly to seniors. Your father, George Moses, a celebrated rabbi/cantor in Bangalore, India, would have been most proud of you. Without question, you are most deserving of this honour.”

Moses spoke of the pleasure he receives by entertaining, and especially in doing so for senior citizens, emphasizing that “our precious seniors should not be ignored and they should be entertained and respected for their countless contributions to life in the community. The only way that I can thank seniors for all they have done is through my singing. It gives me great satisfaction to see their smiling faces, their faces lighting up when I see them react to a song familiar to them.”

Moses shared some of his many religious/concert participations for seniors, including singing for 17 years at Shabbat services at Louis Brier Home and Hospital. He has sung with the Jewish Community Centre Choir, the Shiron Singers, with Elizabeth Wolak and Muriel Morris, and the Rinat Ensemble, all of which performed for seniors. He also has produced a Vision TV show, Let’s Sing Again, which featured a popular tunes sing-along aiming to revive seniors’ nostalgic memories.

He has sung and danced for the past 10 years with the seniors’ concert group Showtime, which is produced by Beryl Israel, as well as with the Vancouver Jewish Men’s Choir (VJMC), the Kol Simcha Choir (composed of members from all synagogues), at Temple Sholom services with Cantor Emeritus Arthur Guttman, at Beth Hamidrash, at Beth Tikvah Synagogue and at Chabad Richmond with Cantor Steve Levin. He is an active participant with the Choir of the Performing Arts Lodge (PAL), which stages a variety of special shows for community seniors.

Moses said his enduring love for seniors was developed by his interactions with the late Beth Israel Cantor Murray Nixon, who constantly stressed the importance of treating older people with respect.

“I am so pleased,” said Moses, “that this evening is taking place at Beth Israel, truly ‘my home away from home,’ where I served in the synagogue’s choir for 66 years under seven different cantors and six different rabbis – and with Pucky Pelman, my mentor for 45 years.”

Moses expressed appreciation to his “guest of honour,” his daughter Melissa, “who has been by my side through three bouts of cancer, making me drink lots of water, eat healthy foods, and go on long walks at the Southlands.”

He gave “a most sincere thank you” to a number of people: Arnold Selwyn, his “35-year wonderful partner in song”; Morris, a pianist with whom he has performed for 55 years; Miriam Breitman, with the Rinat Ensemble and now the PAL chorus, and PAL co-founder Bill Harvey; Binny Goldman, for her help at Louis Brier services; Stan Shear, VJMC musical director; Cantor Yaacov Orzech with the Kol Simcha Choir; and Jonathan Berkowitz of BI’s Purim Shpiel.”

He ended by singing “Let’s Sing Again” and, with Selwyn, Adon Olam.

A video on JSA’s outreach and peer support activities, produced by Cory Bretz of Heirloom Films, was screened, followed by the JSA’s first silent auction, which offered a selection of close to 30 items, from gift certificates from local businesses to paintings and prints.

The event was co-chaired by Tammi Belfer and Larry Shapiro, with committee members Tamara Frankel, Helene Rosen, Marshall and Marilyn Berger, and JSA staff Elizabeth Azeroual and Rita Propp. Catering was provided by Nava Creative Cuisine; the photographer was Susan Curtis.

 

Bob Markin is a longtime Jewish Seniors Alliance supporter.

Weapon training begins

During the Yom Kippur War, the author had to learn how to fire an Uzi and other weapons. (photo by Victor Neuman)

In this eight-part series, the author recounts his life in Israel around the time of the 1973 Yom Kippur War. The events and people described are real but, for reasons of privacy, the names are fictitious.

Part 4: Training Day

We were two or three days into the war and the news was chilling. Egypt had overrun the defences along the Suez Canal and was pouring into the Sinai. Syria had breached the outposts in the Golan and was within striking distance of Tiberias. We were in shock to think that, a scant six years after the pummeling of the Six Day War, these countries were able to go to war again.

I think the nation was in disbelief as well. Soldiers, in large numbers, had been sent home to observe Yom Kippur with their families. The government had effectively demobilized much of the Israel Defence Forces prior to the attack. The trust in Moshe Dayan and Golda Meir would never be the same.

At first, the response of the average Israeli was cocky. Tamar thought the attack was stupid. “We beat them in six days … now it will be five.” Then, as the news came in, the optimism vanished. Kibbutzniks came around to ask me if I was tuned in to the BBC. They didn’t trust the government to give them the truth of what was going on. It was wartime after all and, at such times, every involved government lies through its teeth. There was not much to listen to, though. Everything was so sudden that the international news services hadn’t caught up with what was going on.

Then Gidon came by. The next day, I was to receive weapons training along with three other volunteers who had just enough Hebrew to say “Halt! Who goes there? Who are you? Stop or I’ll shoot.” The basic wartime jabber.

I don’t recall ever being asked if I wanted to join the fight. As a candidate for kibbutz membership, it was a given that I would step up and do anything required to help. And so it was. This was now my home and these people were my family. Not doing everything I could was never a question in my mind. But, truth be told, to me the fighting seemed far away and unreal and I had no real sense of personal danger. More oblivious than brave might be the way to put it.

Next day, the four of us and Gidon met in a field behind the kibbutz. Gidon had set up a target that consisted of a plywood board on two metal rods that were banged into the ground. There was a rise behind the target to stop the bullets from straying. On a table to the side, he had weapons. There was an Uzi, a bipod sniper rifle and three Second World War relics. Gidon apologized for the older guns, saying they were there just to give us the hang of things and he expected we would have better weapons soon. But, first, he addressed us with a sombre face.

“As you know, our kibbutz is located on Wadi Ara. This valley connects the West Bank territories to the coast of Israel. The military tells me that, if Jordan enters the war and opens a third front, there is a good chance they will come right down Wadi Ara and we are the first Israeli settlement past the West Bank. If that happens, I am told, we have to hold out for six days without help from the army. They are fully occupied in the Golan and the Sinai and will not be able to help us until they have solved their problems over there. Are we understanding?”

“We are,” we all said, a little unenthusiastically. I was thinking, “Worst pep talk ever, Gidon!”

Then came the practice shooting and I learned stuff that no graduate in English literature needed to know.

When sniping with a rifle, lie flat with elbows well anchored. The right leg should be extended back in a line with your rifle and your body to absorb the shock of the recoil. Your left leg is splayed out to the left for stability. Don’t breathe, take aim and squeeze the trigger. Our accuracy was rough, then better. But my main recollection is the kick of those rifles. We were basically lying in fine dirt and, when the round went off, the force pushed our whole body two or three inches backwards. The movement after every shot caused a small cloud of dust to rise up around us and we had to wait a moment before we could see well enough to shoot again.

An Uzi has 32 rounds in its clip. The sliding switch by your thumb has three positions: safety, single shot and automatic. Gidon told us to forget about the first two positions. In battle, you had to be quick. You had to be in automatic mode and learn to shoot from the hip without aiming. The dumbest thing you could do was to hold the trigger down. Doing that would empty your clip in three seconds and the recoil would twist your arm and body up and to the right. Gidon taught us that we had to squeeze off short bursts of around three rounds, see where they hit and adjust accordingly.

Our shooting with the Uzi was fairly awful. Shooting from the hip is really tricky. There were puffs of dust halfway up the hill behind the target, in the dirt just metres in front of us, way off to the left and right of where we were trying to aim. I thought the safest place to be on that range was standing in front of the target.

I had a little better luck than the rest. High with the first burst. Low with the second. Then I adjusted again and hit the target with a burst that knocked the whole thing over.

That evening, Gidon marched us into one of the bomb shelters and gave us all our assigned Uzis. Then he showed us how to disassemble them. We had to disassemble and reassemble our Uzis over and over again until we could do it in a matter of seconds. We were feeling pretty good about ourselves until suddenly Gidon turned off the lights and we had to do the whole thing in pitch dark. A bomb shelter, of course, has no windows. So, when the lights are out, you might as well be spelunking in the world’s deepest cave. We eventually learned to do it using only our sense of touch.

Training ended and so did my date nights in the banana fields with Tamar. She was needed elsewhere and I was approved for carrying a weapon, so I was on my own for going out to the fields at night and dealing with the irrigation. A scary business. Alone in the dark, banana trees making the fields look like a jungle, shadows everywhere and the possibility of infiltrators from the West Bank. I felt like I never breathed until I was in the Willis, job done and heading back to the kibbutz. Back at the kibbutz, I signed in to prove I was still alive. Sometimes I even looked at my own signature to make sure.

When I returned to our flat at 2 a.m., Tamar would be fast asleep. In another world, my girlfriend would leap out of bed and throw her arms around me, overjoyed at my safe return. Tamar would half-waken and say, “Shalom, shalom sweetie,” then go back to sleep. And I understood. It wasn’t that she didn’t care about me. This was Israel. The Yom Kippur War was not their first rodeo.

(Next Time: Night Guard Duty)

(Previously: “Learning the lay of the land”; “When Afula road went quiet”; “Tending the banana fields in war”)

Victor Neuman was born in the former Soviet Union, where his family sought refuge after fleeing Poland during the Second World War. The family immigrated to Canada in 1948 and Neuman grew up in the Greater Vancouver area. He attended the University of British Columbia and obtained a BA and MA with majors in English literature and creative writing. Between 1968 and 1974, he made two trips to Israel, one of which landed him on a kibbutz at the time of the 1973 Yom Kippur war. Upon his return to Canada, he studied Survey Technology at BCIT and went on to a career of designing highways for the Province of British Columbia. When he retired, he reconnected with his roots in creative writing and began writing scripts for Vancouver Jewish Folk Choir concerts and articles for the Jewish Independent. Neuman and his wife, Tammy, live in southeast Vancouver and enjoy the company of friends, their extensive extended family and their four sons.

Help out Israeli teens

Want to make a difference in the lives of Israeli teens? Consider joining Israel Connect, a program where local volunteers connect online, one-on-one, via Zoom (a video conferencing app), with Israeli high school students who want to improve their English conversation and reading skills. The program starts at the end of October and is sponsored by Chabad Richmond. It entails a half-hour per week commitment.

“We’re looking for volunteer retirees, seniors or adults with flexible schedules. No previous tutoring experience is necessary and the curriculum is provided,” said Shelley Civkin, local coordinator of the program.

“We’re looking for Jewish adults who are fluent English speakers, have basic computer skills and own a computer with a camera,” said Civkin. Volunteers can do this from home and technical support is available if needed. Time preferences of volunteers will be coordinated beforehand and sessions take place in the morning between 7 and 11 a.m. any day from Sunday to Thursday. Volunteers will be trained in how to download and use Zoom.

“It’s a very meaningful, practical way for community members to support Israel,” said Rabbi Yechiel Baitelman of Chabad Richmond. “You’ll be doing a mitzvah, while investing in Israel and its young people. Plus, good English skills will give them an advantage in accessing post-secondary education and getting better jobs.

“English proficiency is crucial to Israeli students, since it accounts for a third of their entrance exam marks for university,” he added. “Partnering with the Israeli Ministry of Education, the Israel Connect program targets teens from disadvantaged neighbourhoods in Israel. The tutoring sessions are vital to students’ upward mobility in terms of education and jobs, which is why this program is so vital.”

“Most volunteers really enjoy helping their Israeli students and make great connections with them. It often goes beyond simply tutoring the curriculum and turns into friendship and mentorship,” said Civkin. “This kind of one-on-one tutoring makes a significant difference in their lives, both educationally and personally. It’s hard to estimate the impact of this tutoring on Israeli youth, but we know it’s significant. And it’s incredibly satisfying to know that you’re doing something concrete to help Israeli students improve their lives. Several tutors have visited their students on trips to Israel, and keep in touch beyond just the school year. Building relationships is an integral and highly satisfying part of this program.”

For more information, contact Civkin at 604-789-5806 or civie1956@gmail.com.

 

Basics of writing a contract

The other day, I finished the contract for an interesting project. There are half-a-dozen people involved in the project. Each of them has something to put in and is getting something out, but there is no direct relationship between one thing in and one thing out. In other words, I couldn’t say, “Mrs. Schwartz pays $100 and Mrs. Goldfarb treats her sciatica.” We were working with a pool of things being exchanged. It was more like, “Mrs. Schwartz pays $50 and provides physiotherapy equipment. Mr. Rosenblum takes $20 and provides a physiotherapy space. Mrs. Goldfarb treats Mrs. Schwartz, takes $30, and tells her other clients that she has space and equipment for physiotherapy.”

In Genesis, Chapter 9, we have the Covenant between G-d and Noah and with all of his descendants, being humankind; it also includes obligations between people. It is not set out as an item-by-item exchange, such as you pay your fare and the bus takes you along its route. It is a pool of obligations, promises and considerations among several parties, being G-d, Noah and each of the people who will descend from him.

This concept of a collection of promises was the structure I needed to put that project to paper the other day. It reinforced a basic technique in writing contracts that makes it possible to write a contract on a napkin.

A binding agreement is made by answering the questions, “Who’s doing what, and when are they doing it?”

The Torah distinguishes between the agreement (brit) and the token – or evidence – of the agreement (ot-habrit).

The agreement itself is the exchange of obligations: humankind will multiply and replenish the earth, will not murder (directly or indirectly) and will not eat meat that is still alive; G-d will provide to humankind the right and ability to hunt and eat meat, will establish the foundation of a justice system and will not flood the earth again.

The token of the agreement is the rainbow. This serves as a reminder both to G-d (verses 14 and 15) and to humankind and all creatures of the earth who can see it.

Today, we make this distinction by using a signed, written contract. The signed, written contract is evidence of the agreement between the parties. This brings us back to the napkin.

You’ll notice that, in my description of the arrangement between Mrs. Schwartz, Mrs. Goldfarb and Mr. Rosenblum, I state what each person does and expects to receive. Nothing happens without someone doing it. The only critical statement missing is the “when.” There are also a few details that would be quite helpful, such as where the money is being exchanged, what equipment is involved, the location of the therapy space, and the length of the therapy session.

In the questions “Who’s doing what, and when are they doing it?” the “what” also includes the “how” and the “where.” In this example, we could say:

“On the 15th day of Kislev, 5780, Mrs. Schwartz will put $50 in the old pickle jar behind the desk at Mr. Rosenblum’s office, which is at 12345 Oak St. She will also deliver, at the same time, an electric stimulation machine and the gel and pads needed for it. She won’t pick it up until the end of Chanukah.

“Mr. Rosenblum will take $20 of the $50 now in the pickle jar and let Mrs. Goldfarb use the therapy cubicle in his office for physiotherapy until the end of Chanukah.

“Mrs. Goldfarb will take the remaining $30 from the pickle jar and will treat Mrs. Schwartz’s sciatica for an hour on the 19th of Kislev and an hour on the 21st of Kislev.

“Mr. Rosenblum and Mrs. Schwartz will let Mrs. Goldfarb use the equipment and space for her other clients until the end of Chanukah.”

In this example, we now know who is responsible for what, when they’re going to do it, and how they’re going to do it.

There are far more details that we could put in, but this would be enough to move forward on its own if Mrs. Schwartz, Mrs. Goldfarb and Mr. Rosenblum don’t get around to writing out something more complicated.

If they expanded from a napkin to a couple of pieces of paper, they could also add in the kinds of details that lawyers argue over: what happens when things go wrong?

The first part of dealing with things going wrong is having everyone promise that it won’t. These are called, in Legalese, the representations and warranties.

Mr. Rosenblum will promise that he has an appropriate space for the therapy, including whatever licences and permits are needed. He also might promise certain details about what is an appropriate space, such as size, privacy, therapy bed, etc.

Mrs. Goldfarb will promise that she has the training, skills, certification and the valid licence required to carry out her obligations. She will also promise to do the therapy in a professional manner to the standards expected by her profession.

Mr. Rosenblum and Mrs. Goldfarb will both promise that they have the appropriate insurance.

Mrs. Schwartz will promise that she has the equipment needed for her therapy and that it works properly.

Now that we know who is going to do what, when and how they’re going to do it, and that they’ve all promised that everything is above board, we can discuss what happens if something goes wrong. Here we get into things like limitations of liability and indemnities. We also might have dispute resolution tools built right into the agreement.

If something goes wrong, no one wants to pay for someone else’s mistakes.

If Mrs. Schwartz trips on the doorstep, Mrs. Goldfarb doesn’t want to be responsible for Mr. Rosenblum not having a smooth entrance to his office.

If Mrs. Goldfarb injures Mrs. Schwartz during treatment, just because it happened in his office, Mr. Rosenblum doesn’t think he should be responsible.

If the electrical equipment causes a fire, neither Mr. Rosenblum nor Mrs. Goldfarb wants to be responsible for the damage caused by Mrs. Schwartz’s faulty machine.

Each will indemnify the others for liability arising from his or her own actions or negligence. In other words, each person promises to pay for the others’ damages for anything that is his or her own fault, whether or not it was intentional.

Dispute resolution is often overlooked because, when people are excited to enter a project together, they tend to think fights aren’t going to happen. But thinking about how to deal with an argument not only makes it easier should an argument arise, it also reduces the likelihood of the argument getting serious.

There are many flavours of dispute resolution tools, but here’s an easy one: the people involved pick an outside person whom they all trust, perhaps their rabbi, and they write in the agreement that, if they can’t resolve an argument between themselves, they’ll ask Rabbi Fogel to help them resolve it.

Remember that a good contract is a clear, written statement of a shared vision.

Jeremy Costin is a business and estates lawyer practising in Vancouver. He sits on the board of directors and the governance committee of the Vancouver Holocaust Education Centre, is a founding director of the Jewish Lawyers Association of British Columbia and is a frequent guest instructor at the Law Society of British Columbia.

Confidentiality clause issues

Typically, an insurer will bring a “standard” form of release to a mediation to be signed. (photo from pxhere.com)

Most of my cases against insurance companies settle, often at mediation. Typically, the insurer will bring a “standard” form of release to the mediation for my client to sign. If not, when the insurance company’s lawyer sends me the cheque, it will be accompanied by a form of release that my client must sign in order to receive the settlement funds. In either case, the release will always contain something not usually discussed – a confidentiality clause.

A confidentiality clause seeks to prohibit the parties to a settlement from disclosing the settlement terms, and sometimes more. Confidentiality raises numerous problems.

It is routine for the confidentiality clause to permit the settlement amount to be disclosed to tax preparers, accountants and legal or financial advisors. Not so routine, although perhaps it should be, is a carve-out that allows a client to reveal facts from the underlying claim to industry regulators.

Clients often object to confidentiality because they are frustrated and angry about what has happened to them and, specifically, what the insurance company did. Insurance companies always want confidentiality, often because of the feared perception of guilt that accompanies a settlement. That secrecy itself may be adverse to public policy and protection of the public, as it can allow wrongful conduct to continue.

As lawyer Ronald L. Burge wrote in a 2012 paper for the American Bar Association: confidentiality clauses are “bad for clients, bad for lawyers and bad for justice.”

Confidentiality prevents the public from knowing about wrongful conduct. It can also prevent regulators and government agencies from performing their duty to enforce the law and protect the public. The role of the court is to evenly administer justice to all, so that all are protected by the law. When violations are hidden by confidentiality, the legal system itself is thwarted from fulfilling one of its fundamental purposes – to protect the public from wrongful conduct.

Equally important is the fact that the legal system is funded by the public. The use of government employees, monies and buildings entitles the public to openness in all aspects of the legal process, including settlements that are achieved through use of the legal system.

Society would be better off if all settlements were public knowledge. Wrongful conduct would be exposed not just for the economic justice of the client, but for the broader societal purpose of curbing such wrongful conduct. Lawmakers and the public could see where problems exist, both in products and service suppliers, and act appropriately. Fundamentally, the settlement of a lawsuit should be a public proceeding, just as a trial is a public proceeding.

The conduct of insurance companies is governed by laws and regulations. It is likely contrary to public policy to require confidentiality of facts that may disclose the violation of laws and regulations governing the insurer’s conduct.

Moreover, the legal system does not belong to any industry, certainly not the insurance industry. It belongs to the Canadian public. Courts function best in the daylight of an open, transparent administration of justice. Otherwise, people cannot observe and understand what is going on and how the courts protect everyone by their fair administration of justice. Secrecy protects repeat offenders and harms everyone else. Openness is consistent with basic principles of the rule of law.

Secrecy in settlements also prevents lawyers from properly serving their clients. A lawyer cannot place a fair and reasonable value on a case when the lawyer cannot compare it to other known cases. It is particularly harmful to inexperienced lawyers who may be most prone to undervaluing a case. The secrecy allows insurance companies, with their vast resources, to assess a claim’s fair value, while preventing many clients from doing the same.

Finally, confidentiality does not actually promote settlement. The vast majority of cases already are settled without trial.

Governments should specifically limit the use of confidentiality clauses in the settlement of lawsuits involving wrongful conduct by insurance companies. This should be done for the protection of the public, to improve the industry and to preserve the effectiveness and integrity of our legal system.

Jan A. Fishman is a lawyer practising in Vancouver. He mainly acts for individuals who have been wrongly denied insurance benefits. He has held numerous elected and appointed positions in the legal profession and currently sits on the editorial board of Civil Jury Instructions. He also volunteers in the Jewish community and is active in his synagogue.

Mortgage industry’s future

(photo by Nick Youngson / Alpha Stock Images)

The next decade is going to see an evolution in how Canadians obtain mortgages. These shifts will transform the experience for both the mortgage professional and, more importantly, the borrower. Here’s where things are now and what I foresee.

The mortgage industry

A borrower can go to three sources to get their mortgage: account managers at banks, mortgage specialists at banks and mortgage brokers. (I use “bank” as a catchall for financial institutions, including credit unions and trust companies. Financial planners are not included because they represent such a small slice of the pie and refer files to mortgage specialists.)

Employees, particularly account managers, are a bank’s frontline team for mortgages. These salaried employees get incentives if they hit sales targets, but they are, by definition, jacks-of-all-trades. They help with a client’s routine banking needs, open investment accounts, provide general advice and also write mortgages.

Because mortgages are complex, account managers are encouraged (and often required) to send their mortgage applications to a mortgage specialist. This is good policy, because it is best to have an expert eye review something as significant as an average family’s most significant investment and the average bank’s bread-and-butter. Also, because there have rightly been many – one expert told me there was a total of 168 – new rules since the 2008 financial crisis, it has become increasingly difficult to “dabble” in mortgages.

Given these developments, a consumer would be wise to trust the most important financial transaction in their life to a professional who has expertise in a single field, rather than a generalist who is doing mortgages off the side of their desk.

Of course, every bank employs a network of mortgage specialists, with each bank investing varying amounts of resources into training. Still, a mortgage specialist is just that: a bank employee who specializes in mortgages.

Most banks’ mortgage specialists are commission-based and can make a good living from their work. But remember: bank specialists work for the bank, not for you. (They also don’t require a licence or any accreditation to write up your mortgage application.)

Mortgage brokers are independent professionals whose unique responsibility is finding the ideal financial solution for each client, not whatever rate or product their bank is pushing on any given day.

A mortgage broker is a professional who has successfully completed an educational process, passed an exam and undergone comprehensive assessments, including biannual criminal background checks. Additionally, continuing education is required to ensure that mortgage brokers remain informed of the latest developments in this ever-changing industry. Mortgage professionals at the banks, however well-intentioned or however closely they follow the business pages, have no such requirements.

It is commonly said that a mortgage broker “shops around” for the best rate. This is partly true, but there’s more. Brokers know the rates and conditions of every lender. What we do with that information is tailor each client’s need with rate and product choices, allowing them, with their mortgage broker’s guidance, to make the most informed, appropriate decision for what best suits them.

For example, a broker might recommend a more flexible mortgage product with a slightly higher-than-base rate versus a lower rate with restrictions. This is crucial because, again, everyone’s case is unique. Circumstances change. Relocation is sometimes unavoidable.

Even better: for most mortgages, a mortgage broker’s service is provided at no cost to the borrower. Brokers earn their keep from the lender that finances the borrower’s mortgage.

Where is industry headed?

Account managers at banks will continue to write mortgage applications because this remains an efficient use of the bank’s resources. The banks have been building increasingly sophisticated mortgage application platforms for their mortgage specialists and account managers to use. These easy-to-use apps are straightforward and allow their employees to quickly and efficiently pull together all of the necessary information to verify credit data and employment, assess risk and review the property, all at the click of a few buttons.

The banks built these systems so that employees with less expertise (and lower salaries) can replicate or reduce the work of more highly trained professional staff. And, since mortgage specialists are largely commission-based, it seems to me that banks will increasingly depend on salaried individuals who read from their computer screen while dealing with mortgage-seekers.

The obvious issue with an account manager reading off a screen is that, at any point in time where real advice is required, the bank employee will not have the training or experience to provide it.

There is, of course, still currently a place for bank specialists. The best of them can and do give the best service possible to their clients.

My prediction is that the mortgage specialist role will be curtailed until only a few high producers remain. Banks will probably continue to make it easier for mortgage specialists to do their jobs, allowing them to take on more files and the best will grow and the worst will drop off.

Don’t misunderstand me. There is a place for technology, obviously, in the process. In fact, mortgage brokers, by necessity, are entrepreneurial

and resourceful, and have created economies of scale, processing documentation and applications more efficiently than ever. For instance, my team and I have automated the process of 70-plus internal steps per client throughout the mortgage process, streamlining everything for ourselves so that our clients can benefit from the most comprehensive and individualized experience we can offer. This involved a lot of time up-front, but it means that our clients receive the service they want, tailor-fit to their specific needs.

My prediction for mortgage brokers is that there will be a culling of the herd, just like with mortgage specialists. A broker, and any consultant in this day and age, needs to innovate and use the newest technologies to stay relevant in the eyes of borrowers. Not just that, the brokers themselves need to know each lender’s products and how to get files approved.

Superb knowledge, a fast and efficient process, and amazing customer service will become the bare minimum in the future, and the specialists and brokers who “dabble” or aren’t 100% committed to improving their craft will get left in the dust.

Eitan Pinsky is principal of Pinsky Mortgages, a Vancouver-based mortgage broker.

הרפר : לעשות עסקים בישראל

תל אביב (Eurovan)

ראש ממשלת קנדה לשעבר מנסה לעשות עסקים בישראל – חלק ג’

מכל הלקוחות והפעילויות שאני מעורב בהן, אולי אין דבר טוב יותר מאשר שילוב כמה תחומי עניין שהיו לי. קודם כל הקרבה של הממשלה שלנו לישראל בזמן כהונתי, שנית העניין שלנו בטכנולוגיה וחדשנותהשקענו זמן רב בקידום תוכניות קנדיות ובנוסף, בתחום המסחר חלק מהמשימה שלי בתפקיד הייתה להרחיב את רשת המסחר של קנדה. כך מציין ראש ממשלת קנדה לשעבר, סטיבן הרפר, שביקר בישראל לאחרונה. הוא רואיין לעיתון “גלובס”. כשנכנסתי לתפקיד היו לקנדה רק חמישה הסכמי סחר, אחד מהם עם ישראל, וכשעזבתי את התפקיד כבר היו לנו חמישים ואחד הסכמים. אבל גם ההסכם עם ישראל היה מיושן וכלל רק מגוון צר של סחורות, ולכן עדכנו את ההסכם הזה.

אחד הדברים שהטרידו אותי במהלך הכהונה היה שזרם הסחר, השירותים וההשקעות בין קנדה וישראל עדיין קטן. זאת למרות המאפיינים של הכלכלה הישראלית ובפרט ההובלה הטכנולוגית שלה, ולמרות המאפיינים של הכלכלה הקנדית והעובדה ששתיהן מתקדמות ובשתיהן יש קהילה יהודית גדולה והסכמי סחר. לכן עדכנו את ההסכם למודרני יותר כדי לסייע לתקן את זה. אבל כמובן שגם חיפשנו הזדמנויות כדי להגדיל באמת את הסחר והפעילות העסקית בינינו ובמיוחד לנצל את ההתקדמות של ישראל בתחום הטכנולוגי.

אני רוצה לראות טכנולוגיה ישראלית מגיעה לקנדה ואני רוצה שקנדים ינצלו את הזדמנויות הרווח בתחום הזה. גם בישראל רוצים למצוא הזדמנויות לגדול ולהיכנס לשווקים חדשים בצפון אמריקה. דרך אגב אני חייב לציין שבזמן כהונתי עודדתי שיתוף פעולה צבאי מוגבר עם ישראל – מן הסתם מטעמים של מדיניות חוץ – אבל הדבר בנה הרבה מהגשרים הללו. שיתופי הפעולה היו יותר בצד המודיעיני, וכמובן צוותים שהחליפו ביניהם מידע ושיטות עבודה.

התוצאה הכי טובה שיכולה להיות לכל הדברים האלה היא מערכת שווקים גלובלית שבאמת משולבים זה בזה, והפריה הדדית ברחבי העולם. אם נשאיר בצד את הדמויות הספציפיות, את המדיניות ואת הממשלות, המציאות היא שזהו אזור שבו סביר שיקרה תהליך שברמה מסוימת תהיה התפצלות לשניים.

אנחנו מדברים על התחום הביטחוני, שהוא אינטרס של העולם הסיני והעולם האמריקאי, אבל אנחנו חברות חופשיות ודמוקרטיות ואנחנו יודעים עד כמה הציבור מודאג מעניינים של הפרת פרטיות ושימוש לרעה בדאטה. אפילו בהקשר של הטכנולוגיות המסחריות הקיימות – סין היא מדינת מעקב, וזה לא שהיא לא מציעה מוצרים מסחריים – אבל כל מהלך ההצטיידות של מגזר הטכנולוגיה שלה הוא לכיוון מעקב, במסגרת האינטרס של ביטחון המדינה.

לכן יש בעצם שני מודלים. אנחנו לומדים מהצבא ומהמודיעין ומהיכולות של ביטחון לאומי, ומבצעים התאמה למטרות תאגידיות מסחריות. אלה מטרות הגנתיות באופן טהור, יש להדגיש, אף פעם לא התקפיות, לחלוטין במסגרת החוק ובמסגרת מה שאנו מחשיבים הגנה נורמלית של הפרטיות. אלה שני מודלים שונים וקשה מאוד לשלב ביניהם. אנחנו רוצים לוודא שכל דבר שמפותח ייעשה במסגרת של חברה דמוקרטית וחופשית ובמסגרת של שימוש מסחרי. זה האינטרס של חברות דמוקרטיות וחופשיות כמו קנדה וכמו ישראל.

הרפר ושות’ היא חברה קטנה אך בעלת פעילות גלובלית. אנו עושים עסקים בעולם ואנו עושים עסקים גם בסין, אך אנו עושים זאת בזהירות. זה חשוב שיהיו קשרים כלכליים ומסחריים עם סין, זה טוב לעולם בטווח הארוך. אז אמנם מדובר על קשרים עסקיים, אך כאלה שנעשים למטרות שעולות בקנה אחד עם האינטרס הלאומי הרחב.

Focus on online hate

Kasari Govender, British Columbia’s human rights commissioner. (photo from Wosk Centre)

Hate in British Columbia, in Canada and globally is on the rise. In 2017, there were 255 police-reported hate crimes in British Columbia, an increase of 55% from just two years earlier. In 2018, Metro Vancouver had the highest rate of hate crimes reported to police in any of Canada’s three largest metropolitan areas, most based on the victim’s ethnicity or religion, with a smaller but significant number based on sexual orientation.

These alarming statistics, and others, provided a framework and urgency for an event Sept. 12 at Simon Fraser University’s Morris J. Wosk Centre for Dialogue in downtown Vancouver. The event, titled From Hate to Hope in a Digital Age, is envisioned as the inaugural annual Simces and Rabkin Family Dialogue on Human Rights.

Contextualizing the discussion, Shauna Sylvester, executive director of the Wosk Centre for Dialogue, cited the results of a report undertaken by her organization. These indicate that one in three Canadians believes Canadian-born citizens should have greater say in government than those born outside the country. One-quarter of Canadians say we have too many protections for minorities and one in four also believes we have too many protections for religious freedom.

Keynote speaker at the forum was Kasari Govender, in just her second week on the job as British Columbia’s human rights commissioner. She is the first to hold this role in the province since that office was closed in 2002.

“In my view, there is a strong connection between hateful speech and hateful violence, both on an individual and a systemic level,” she said, citing racist manifestoes sometimes posted online by perpetrators in advance of a mass killing. She said it is necessary to trace the path from speech to violence.

A common theme of recent mass murderers is anti-immigration sentiment, sometimes emphasizing the “purity of the nation, whether that nation is Canada, New Zealand, the U.S. or another,” she said, adding that many of the attacks around the world that have been linked to white nationalism correspond to discourse in mainstream political debates over immigration and public policy.

The worst antisemitic mass murder in United States history, the attack on Tree of Life synagogue in Pittsburgh in 2018, happened while U.S. President Donald Trump and others were promoting fears of the so-called “migrant caravan” coming from Central America. Part of that conversation, Govender said, “was somehow blaming the Jews for this migrant caravan, drawing a connection in the public discourse, and then there was the shooting.”

Boris Johnson, now prime minister of the United Kingdom, compared women who wear burqas to bank robbers, which led, Govender said, to an increase in acts of hate against Muslim women in the United Kingdom.

Online hate is a particular product of technologies that have emerged in recent decades, she said. “The anonymity, reach and immediacy afforded by the internet escalates the problem beyond what we’ve seen before,” she said. “The internet is a very effective tool for fomenting hate from belief to action, from hateful words to violent actions.”

While forcing social media platforms to police hate speech might be criticized as an infringement of free expression, she said, the opposite is true. Regulating platforms to shut down violent rhetoric actually improves access to freedom of expression for many, as people of colour, women and others are being silenced online by racism and misogyny, she said.

Participants at the Wosk Centre offered a wide range of perspectives.

Evan Balgord, executive director of the Canadian Anti-Hate Network, outlined the approach his agency takes in confronting online hatred.

“Legal [action] would be our last recourse against a hate group or a hate propagandist,” he noted, saying that their first response is to “try to hold somebody socially accountable.” That means, if the person is anonymous, exposing them. If the person is not anonymous, this might mean bringing their posts to the attention of their employers, family and friends.

“Those might provide checks on their behaviour,” he said, adding, “We’re not really trying to reform people here, we’re just trying to stop the spread of hate propaganda.”

For those who do not respond to social accountability, Balgord said, Canada’s laws are insufficient. Application of the Criminal Code’s section that deals with the wilful promotion of hate and distribution of hate propaganda is unwieldy.

“We did use to have a better recourse,” he said. “It was Section 13 of the Canadian Human Rights Act. It would allow a private individual to essentially file a complaint, which would be vetted by the Canadian Human Rights Commission and, if found credible, would go to the tribunal. They could order a cease-and-desist order against that individual and up to a $5,000 fine.” If, at that point, the individual failed to comply, they would be in contravention of a court order and could face jail.

“We really want to see something like Section 13 come back,” he said.

Several speakers agreed that social media platforms need to do more policing of hate speech. Some countries have laws that force social media companies to address hate material on their platforms within certain timeframes or face serious fines.

Social media platforms, Balgord said, may already be in contravention of Canada’s existing laws against discrimination in the provision of a commercial service, because women, people of colour, LGBTQ+ people and other members of targeted groups are exposed to abuse, harassment and death threats that could drive them off the platform.

Rabbi Dr. Laura Duhan-Kaplan, director of inter-religious studies at the Vancouver School of Theology, noted that government budgets are limited but that education can take place everywhere – and that everyone is an educator. Early childhood is crucial, she said.

“What children do together, the songs they sing, the books they read, all of that becomes the building blocks of the way they think,” she said. “All of us who interact with children have an opportunity to begin to teach values of respecting difference, helping others, nonviolence.… One week of summer camp with friends on a theme of diversity, peace, public service – these are experiences that stay with teens and we really, really bring them into young adulthood in a different way.”

A speaker from the audience, a counselor and educator, noted that inequality, including economic inequality and poverty, makes people susceptible to fear and that can become a foundation for hate.

Another speaker contended that there is, in effect, no such thing as race.

“I think it’s very problematic to use the term race as if it’s a reality,” he said. “There is such a thing as racism but not really race. If you look at the majority of anthropologists, geneticists and so on, they say that we have much, much more in common with each other [than differences].… Even using terms like black and white to refer to people reinforces racism. We never call people yellow anymore, because that’s racist. We need to come up with a new language that doesn’t emphasize unreal differences and that are respectful to everybody.”

Lorene Oikawa, president of the National Association of Japanese Canadians, contended that sharing one another’s stories is an effective means to education.

“People really don’t know the stories,” she said. “For sure, there are some people who do, but they don’t know the [extent of the] harm that was done and the intergenerational trauma.”

She applied lessons of the past to current events. “In 2019, Japanese-Americans, Japanese-Canadians are horrified by some of the hateful rhetoric we’re hearing [that] could be lifted from 1942,” she said. “If people knew their history, more people would be going, ‘Wait a minute. What we did back in 1942 was wrong. Why are we saying the same things about people from [other] countries, putting people in camps, separating families, separating children from their families?’ All that stuff happened to Japanese-Americans, Japanese-Canadians and it’s being repeated today.”

She added: “We feel it’s our duty that what happened to our community must never happen to another community again.”

Clint Curle, senior advisor to the president of the Canadian Museum for Human Rights, agreed that education is pivotal.

“Is there a lesson, an experience, we can give children especially that will make them resistant to hate speech and resistant to hateful violence?” asked Curle. He compared hatred to a communicable disease.

“If this was polio, what would we do? If this was polio, we would do what we did, which is vaccinate. The way vaccinations work is you get children and you give them just enough of something close to the disease [so] that they develop an internal resistance to it, so, when they encounter the disease, there is something within them that says, no. So, when they encounter hate, they’ll know.”

With more than 1.5 million visitors to the museum since it opened five years ago, Curle said what resonates, especially with young people, is exactly what Oikawa suggested.

“The thing that seems to work best is storytelling across social boundaries,” he said.

Zena Simces, a health and social service policy consultant and a former Pacific region chair of the now-defunct Canadian Jewish Congress, conceived of the annual event with her husband, Dr. Simon Rabkin.

“We felt that we wanted to enhance an understanding of human rights in our community and to create an opportunity for dialogue on human rights issues,” Simces said. “Our aim is to select current and relevant themes each year and to invite experts and community leaders and community members to advance and generate positive action.”

Rabkin, a cardiologist, professor of medicine at the University of British Columbia and president of the medical staff at Vancouver General Hospital, added: “The dialogue this evening … is seeking to enhance our understanding and knowledge of how this increase in hate and its consequences can be addressed from legal, social media and community perspectives.”