Creek takes centre stage in trial
Contributed - 11:12 am - Columnists

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Partner Clay Williams recently teamed with FH&P associate Wendy Cheung to co-chair a very interesting trial in Kamloops.

The case involved a creek from 1911 and how it may or may not have moved over time. Also, Williams and Cheung describe how a random anniversary plane ride in the 1990s was an important part of the trial.

They discuss with associate Tanvir Gill on the 50th episode of the FH&P Lawyers Law Talk podcast.

Email your legal questions to [email protected].

Real estate changes in effect
Contributed - Jan 03, 2023 - Columnists

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Real estate in the Okanagan affects just about everyone in some way or another.

Now that the calendar has flipped there have been some major changes to the landscape of how real estate can be purchased or sold. In the most recent episode of the Law Talk Podcast, lawyers Tanvir Gill and Clarissa Lester discussed the foreign buyer ban, which is now in effect.

Another massive change is the implementation of the Home Buyer Rescission Period Regulation, which sets out further details regarding the cooling-off period. But how do these changes in B.C. help the housing shortage and the supply issues? Gill and Lester investigate.

Cancer research support inspires
Contributed - Dec 20, 2022 - Columnists

Photo: BC Cancer Foundation
BC Cancer Agency Sindi Ahluwalia Hawkins Centre for the Southern Interior

By Jill White

I was born and raised in Vernon. I’ve grown my family and business in Kelowna. My parents, grandparents and great grandparents lived in the Okanagan beginning in the late 1800s. My roots run deep here, as they say.

And I’ve seen what this community can do when it thinks big.

We have a wine industry worth billions thanks to our local entrepreneurs. The Coquihalla came to fruition through years of lobbying, connecting us to the Pacific Gateway like never before. Prospera Place revitalized our entertainment industry and now brings some of the biggest acts to Kelowna.

Jill White

All these initiatives, led by Okanagan residents, have made the valley the vibrant place it is today. These projects grew our communities, created jobs and improved our quality of life.

I recently joined the BC Cancer Foundation as a cabinet member for their Beyond Belief fundraising campaign. The goal is historic: raising $500 million to advance cancer research and enhance access to care across the province, including here in the Interior.

We’ve seen the recent headlines on the capacity pressures our provincial health system is facing. Looking at cancer, we have nearly 6,000 new cases diagnosed in the Interior each year, and this number is only expected to grow.

Yes, this is a difficult, complex issue. But if our community steps up to meet this challenge, we can build a better future for ourselves, right now.

Growing up, I remember seeing loved ones make the long, difficult journey to Vancouver for cancer treatment. That we now have access to world-class care right here at home is incredible, and we have the opportunity to take it even further.

I’ve had the privilege of speaking with Dr. Ross Halperin, who leads the dedicated team of researchers, clinicians, nurses and allied health workers at BC Cancer in Kelowna. The strides made in cancer treatments over the past decade are astounding. In fact, it’s anticipated if this pace of innovation continues many cancers will be considered manageable diseases within the next 10 years.

Donor support helps fund the critical research needed to improve treatment options, bring the latest technology to BC Cancer’s centres and attract top talent to the Okanagan.

One example is Dr. Juanita Crook. She was named chairperson of brachytherapy at BC Cancer-Kelowna in 2020—a position funded by donors. Dr. Crook is an internationally recognized pioneer in precision radiotherapy and together with her team has advanced a type treatment called of high-dose-rate bracyhtherapy. This treatment has cured hundreds of men in our region of prostate cancer.

Looking to the future, the foundation is fundraising for a new world-class systemic therapy suite that will significantly increase Kelowna’s treatment and research capacity. Supporting the BC Cancer Foundation in enhancing care and research in the Okanagan doesn’t just benefit us now, but for generations to come.

We can all play a part—by donating, by volunteering or simply by spreading the message that we can, as a community, make a difference in our cancer care system.

We’ve made the seemingly impossible possible in the Okanagan before. By focusing that same determination and spirit of community, we can do the same for our family members, our friends and our neighbours who may need the cancer care system, right here at home.

Jill White is the president of Kelowna-based MAKR Play Group

Experts talk foreign buyer ban
Contributed - Dec 13, 2022 - Columnists

One of the biggest topics of discussion around FH&P Lawyers lately is the upcoming foreign buyer ban on residential and commercial properties.

Associate Tanvir Gill welcomes Clarissa Lester, who is also an associate at FH&P, to discuss. Both Gill and Lester practise in real estate, but Lester offers the perspective on the ban from the immigration side of things, as she practises in that area as well.

The foreign buyer ban will come into effect on Jan. 1, 2023, and the government has given itself only two years to decide whether or not this will help the economy and Canadians. Gill and Lester offer their opinions in this episode of the Law Talk podcast.

Send you questions for [email protected].

Know your holiday party liability
Contributed - Nov 29, 2022 - Columnists

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The holiday season is here, and businesses are bringing back their annual holiday parties. For most employers wanting to celebrate with their employees, this party is the first one they have held since 2019.

As in years past, when employers organize their parties, a question that often comes up is about their liability if a legal matter arises, especially if alcohol is present.

Lawyers Clay Williams and Tanvir Gill discuss the three categories of liability employers should be aware of as they prepare to host their staff on-site at their place of business or another location. For example, if an employee leaves the holiday party and causes a crash in which other people are injured, is the employer liable?

As always, send your questions for any business law topics for Clay and Tanvir to [email protected].

Business land deadline looms
Contributed - Nov 15, 2022 - Columnists

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If you have a company or business that owns land, there is a massive deadline coming up at the end of the month and you can’t miss it.

The Landowner Transparency Registry (LOTR) was originally due in 2021, but it was extended because of the pandemic. The LOTR is a governmental registry of information of individuals who have a direct or indirect interest in land. It is an obligation of corporations to disclose who runs and owns the land that has been purchased.

Lawyers Clay Williams and Tanvir Gill discuss what is required when submitting the LOTR as well as Williams’ keen winter fashion sense.

Send your legal questions to Williams and Gill at [email protected].

Consumers should know rights
Contributed - Nov 01, 2022 - Columnists

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Did you know? Consumers have rights to reconsider and cancel their purchase, all covered by a specific act in B.C.

In B.C. there is a Business Practices and Consumer Protection Act, and chances are as a consumer you have no idea this exists and how much it could help you.

Whether you own a business or are making a purchase at a store, the Consumer Protection Act can come into play.  However, in Tanvir Gill’s story she needed a different kind of protection when her phone rang. She tells a hilarious story about a recent Christmas purchase.

This act even discusses the process of debt collectors and how heavily regulated they are and the practice of debt collection is in B.C.

Send your legal questions to [email protected].

Make business partnership work
Contributed - Oct 18, 2022 - Columnists

FH&P business lawyers Clay Williams and Tanvir Gill explore several ways people run their businesses within the Okanagan through the Law Talk podcast. One of the oldest and most common structures to run a business is through a partnership, which is typically unincorporated.

The hosts dissect the pros and cons of running a partnership, and offer their knowledge and experience.

Send your legal questions to Williams and Gill at [email protected].

Learn to say no to your past
Contributed - Oct 12, 2022 - Columnists

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By Tara Pilling

The ability to feel is often seen as a burden combined with a blessing.

It is not only one of the essential mediums that you use to navigate life and the world; it is the point where your greatest joys begin and your deepest sorrows take root.

Heartache and happiness exist on different ends of the same spectrum of feeling. How you react to what you feel is often your greatest source of dissatisfaction and stress.

More so, your past and present manifest themselves through your ability to feel. Your conditioning is not just something that is intellectual; it is also experienced through the sensations you feel in your body.

How you feel often morphs from something that is meant to inform you into something that dominates the way you think and act. Healing and personal growth are grounded in establishing a new relationship with what you feel.

The default for many is that they let their feelings make decisions for them.

This does not always yield the best results, because what you feel often dramatizes the narrative in your mind and leads you to make big decisions based on impermanent emotions.

When you let your strongest emotions take centre stage, it becomes easy to feed your own tension, like when you react to your anger with more anger, which simply makes the tension you feel bigger and bigger.

We often react to strong emotions by forgetting that the ever-present law of change ensures that what we feel in this moment will not last forever. A storm may be powerful, but no storm is endless.

Giving space to what you feel is always valuable because it is an essential part of healing and letting go, but if you let it take control then it will be too easy to fall into past patterns. Being with it is better than becoming it.

There is a subtle space you can become more familiar with. The space where reclaiming your power is truly possible. The space where you can feel a fire burning within you without giving it more fuel.

This spaciousness of mind becomes more available to you when you realize that your first reaction is just your past trying to recreate itself.

Left unchecked, your reactions will keep you in a loop where you are looking at your present life through the lens of your past emotional history.

If you keep giving your power to your first impulse, then you will keep reacting the same way you have reacted in your past. This way of living leaves little room for growth and for anything new to emerge.

The challenge all people face is building enough self-awareness so that we can actively and repeatedly say no to our past when it wants to take over.

Saying no to your past doesn’t mean suppressing it. It just means that you will let yourself feel whatever has come up but you will make the choice to allow your present self to remain as the dominant force.

The days of letting your old fears and anxieties make all the decisions for you are over. A new time has arisen where you are patiently creating room so that your present self can decide what actions will keep you on a path that is truly nourishing and liberating.

It is time to let the past rest and fully embrace the present.

Tara Pilling owns Kelowna’s Diamond Mind Consulting

This column was submitted as part of BWB Wednesdays

Get the pain out holistically
Tom Kernaghan - Oct 05, 2022 - Columnists

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You get so tired of it—the body pains, the emotional suffering, the unhealthy habits and the relationship issues—one or more of the struggles that keep you from being at ease with yourself and living a more fulfilling life. But just can’t seem to see your way clear. Something has to change, right? And all the so-called “fixes” just haven’t worked. John Schlapbach understands. He’s been there and has seen it many times. 

The owner of Visions Healing, John Schlapbach is an emotion code/body code practitioner, a Heart-Wall specialist, speaker and teacher. With more than 40 years of experience in holistic health practice—nutrition, reflexology, intuitive and energy medicine—Schlapbach has seen and treated the gamut of ailments and obstacles keeping us from achieving and maintaining health and wellness in the fullest sense. And he has the tools to help.  

His own story offers personal proof of our power to heal from within, with the proper guidance. Many years ago, he applied The Emotion Code by Dr. Bradley Nelson to his own life, addressing inner imbalances caused by past sports injuries and emotional trauma. And he learned a key component in this method: the belief that you can turn negative experiences into positive ones. 

Let’s talk about your story. What got you into holistic medicine in the first place?  

Back in 1969, I was in my twenties and living in Ontario. One day I went to the grocery store to do some shopping for myself and my roommates. Like a lot of bachelors’ fridges, ours was pretty sparse and in need of the essentials: bread, milk, eggs, ketchup, peanut butter, jam and, of course, beer.  

Strolling down the aisles, I did something I had never done before, and I don’t know why. Stopping by the peanut butter, I grabbed the jar and read the label: peanuts, salt … and sugar. I thought, Why would they put sugar in peanut butter? It was then that I began reading labels on groceries or anything else for that matter. How many of us read labels today, especially when purchasing food or nutritional items?

When I moved back to B.C. in the early 1970s, I ended up meeting some people who considered themselves vegetarians. Again, my interest was piqued. I became a vegetarian and launched myself into studying holistic health; first nutrition and different diets, then herbology, reflexology, Japanese massage and so on. I had an insatiable desire to learn as much as I could, initially for my own health but after a while to help others. I also learned applied kinesiology muscle testing from a chiropractor to determine spinal misalignments and testing for nutritional supplements from a master herbalist.

All this was pretty exciting for me, and I eventually went on to become a registered massage therapist, which I have been now for 25 years. So I have the holistic health background and a medical background, which equips me to bridge the gap and help people more fully. When I was introduced to the subtle energies of the body I realized there was yet a whole other area to explore: energy medicine. 

In 2007 you had a major shift. Describe how emotion code and body code work changed your life personally and professionally.

In 2007 I had a major shift in my approach to health. Besides studying and working on the physical aspects of health, I had also been learning about the mind and how it influences our health and well-being. One of my business associates had suggested a recently published book called The Emotion Code by Dr. Bradley Nelson because it mentioned magnets.

I knew of Dr. Nelson already because we had both been involved with a Japanese company that developed and marketed magnetic and other energy health products that we used and shared with many others. The guiding concept was “give the body what it needs, and it can heal itself naturally.” 

So I purchased the book and read all about the emotions and how they influence our health. I was blown away by what I read. Before I was even halfway through the book, I began using it on myself. I already knew about muscle testing and magnets, and I had been studying the mind. Now I had the chart of emotions. I just needed to ask the questions and do the releases on myself. I noticed that every time I released a trapped emotion for myself, I felt calmer, lighter and more relaxed. So I asked myself if I had trapped emotions from past traumas, events and experiences that I could release, and to my surprise I did.

Then I wondered if I could use this approach to help some of my clients. I heard that Dr. Nelson was teaching a course in Seattle, so a friend and I registered right away and off we went. At the seminar I witnessed many others who were getting amazing results on a vast array of chronic joint and muscle pains within hours, minutes or in some cases immediately. After that seminar I became a certified emotion code practitioner, then a body code practitioner, and finally an emotion code instructor for “Dr. Brad.”

What is one of the first questions you ask clients who come to you, to custom fit your treatment options to their individual challenges? 

Before I work with a client—the majority of which are remote or distance—the first question I ask is: What are the symptoms or issues you are wanting help with? It can be chronic physical pain; ongoing emotions like grief, anger, sadness; mental issues, such as anxiety or depression; or spiritual disconnection. 

In order to solve a problem you must first identify it. I use applied kinesiology and the emotion code/body code program to get to the source of their issues. Sometimes the answer is simple; other times it is more complex. It’s like being a detective and tracking down and deleting the source of the complaint. An example familiar to many: “I went through a difficult divorce and I’m still feeling resentment, still feeling stuck, and even my children are still suffering, and I don’t know what to do about it. I’ve tried counselling and many other things, and so far not much seems to be working.” 

You can guarantee they will have a Heart-Wall and other trapped emotions or thoughts that they are still holding on to. Sometimes one 30-minute session can change all of that for the better, and sometimes we need to peel away a few layers first to help them. Everyone is different and has their own story to deal with. Now that we know the issues or symptoms and have permission to connect to their subconscious mind, we are ready to ask: Is there anything blocking, stopping or preventing us from working on these issues? Is there anything you need to release first?

What are some of the biggest revelations clients have after they begin treatment with you? 

Some of the biggest revelations clients have after they begin a session with me are many. For example, sometimes they are surprised by what is coming up for them. It may not make sense to them initially. However, as we go along things seem to make more sense and they come to realize this is their story. 

Some clients are very aware, and they start to know some of the answers before the questions are even asked. Remember, we are asking questions and testing for yes or no answers and following the program. The answers are coming from their subconscious mind into their conscious awareness—aha moments. Occasionally they will ask, “How did you know that? I’ve never told that to anyone before.” 

Another common revelation is, “I thought I dealt with that already, but there it is, still in my energy field.” We may be working on a particular issue, but many times that issue has a connection to another issue. For example, today I was working with a client who was dealing with some Heart-Wall emotions of feeling abandonment and loneliness, and after I cleared some emotions the pain that was in her right hip disappeared. In energy medicine we say anything can cause anything. So many stories to share.

What amazes me about your work is how quickly it can be effective. How often do you have clients later experience a new layer of awareness that brings them back to you for follow-up or fresh treatment? 

The emotion code/body code can quite often get instant results for people. For example, chronic neck, shoulder, or knee pain for months or years? Gone. Feelings of depression or anxiety? Gone. It’s always very rewarding to hear these results from my clients. Other times the issues are more complex and may require releasing of some deeper layers or through a series of sessions. One never knows until we begin doing the work. After many years of working with so many people, I’ve learned one truth that applies to everyone: We are all different. We all have our own story.

What do the terms balance and well-being mean to you? 

For me balance means harmony among the mind, the body, our finances, the family and society—the 5 Pillars of Health developed by Isamu Masuda from Japan. The whole purpose for the emotion code/body code program is to identify and remove blocks and thereby restore balance and maintain harmony so that our mind and body can function at optimal levels as they were designed to do by the “celestial engineers.” 

Well-being is about having the tools and practices to continually adjust our lives and make course corrections, as we would to a rocket, so that we can release trapped emotions, restore balance and get to where we want to go.

Tell us something about yourself most wouldn’t know—a fun fact, interesting perspective or an engaging story.   

When I was in my teen years, I came to the realization that I could do anything I wanted to do as long as I set my mind to it and believed it was possible. I also decided that I wanted to have a lot of different experiences in my life. I loved to fly, so I became a pilot. I loved the arts, so I became a photographer. I loved helping others, so that became my biggest passion and still is today.

John Schlapbach owns Visions Healing

This column was submitted as part of BWB Wednesdays

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