Amended pursuant to Rule 16-1(19)(b)(i) of the Supreme Court Civil Rules

Original Petition filed 20/Nov/2017

FORM 66 (RULE 16-1 (2))

FORM 3 (RULE 10(3))

NO.: S1710781
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF the Land Title Inquiry Act, R.S.B.C. 1996, c. 251,
the Land Title Act, R.S.B.C. 1996, c. 250
AND
CERTAIN PROPERTf LEGALLY DESCRIBED AS
"Portion of Lot A adjoining Lot 14
and Portion of Lot B adjoining Lots 5, 9, 10, 11, 12 and A,
Block 24, District Lot 200A, Plan 197, Group 1,
New Westminster District"

BETWEEN:

CITY OF VANCOUVER
PETITIONER
AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA,

WILLIAM DUPONT,
JOLYNE (BABE) FLATER HARVERSON and DAVID FLATER

RESPONDENTS

AMENDED PETITION TO THE COURT

ON NOTICE TO:

HER MAJESTY THE QUEEN IN RIGHT OF THE WILLIAM DUPONT

PROVINCE OF BRITISH COLUMBIA 906 Cantrell Avenue
c/o The Attorney General . Nashville, TN
Legal Services Branch - Civil Litigation. USA 37215-1024
3rd'Fioor, 1001 Douglas Street
P.O. Box 9280, Station Provincial Government
Victoria, BC V8W 9J7

JOLYNE (BABE) FLATER HARVERSON DAVID FLATER

#1 - 46485 Airport Rd 760 Capt Ahab's Terrace
CMHiwack, BC. V2P 7Y1 Gabriola Island, BC VOR 1X5

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This proceeding is brought for the relief set out in Part 1 below, by

[X] the person named as petitioner in the style of proceedings above

[ ] ...............[name(s)]................. (the petitioner(s) )

If you intend to respond to this petition, you or your lawyer must

(a) file a response to petition in Form 67 in the above-named registry of this court

within the time for response to petition described below, and

(b) serve on the petitioners)

(i) 2 copies of. the filed response to petition, and

(ii) 2 copies of each filed affidavit on which you intend to rely at the
hearing.

Orders, including orders granting the relief claimed, may be made against you, without any

further notice to you, if you fail to file the response to petition within the time for
response.

Time for response to petition

A response to petition must be filed and served on the petitioner,

(a) if you reside anywhere within Canada, within 21 days after the date on which a
copy of the filed petition was served on you,

(b) if you reside in the United States of America, within 35 days after the date on
which a copy of the filed petition was served on you,

(c) if you reside elsewhere, within 49 days after the date on which a copy of the
filed petition was served on you, or

(d) if the time for response has been set by order of the court, within that time.

(.1) The address of the registry is:

800 Smithe Street

Vancouver, BC V6Z 2E1

(2) |The ADDRESS FOR SERVICE of the petitioner is:

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City of Vancouver
c/o Legal Services
453 West 12th Avenue .
Vancouver, BC V5Y 1V4
Telephone: 604-873-7512

Attention: lain K. Dixon

Fax number address for service of the petitioner: 604-873-7445

Email address for service of the petitioner is: iain.dixon@vancouver.ca with a copy to
miho.iizuka-mitchell@vancouver.ca

(3) The name and office address of the petitioner's lawyer is: as above.

Claim of the Petitioner

Part 1: ORDER SOUGHT

Judicial .investigation of title to certain properties legally described as "Portion of Lot

A adjoining Lot 14 and Portion of Lot B adjoining 5, 9,10,11,12 and A, Block 24,

District Lot 200A, Plan 197, Group 1, New Westminster District" (together the "Lands");

a Declaration that the City of Vancouver is the legal and beneficial owner in fee simple

in possession of the Lands, subject to the conditions, exceptions and reservations

enumerated or referred to in section 23(2) (a) to (j) of the Land Title Act, R.S.B.C.

1996, c.250, but free from all other rights, interests, claims and demands;

a Declaration that it has been proven to the satisfaction of the Court on investigation

that the title of the City of Vancouver is a good safe holding and marketable title

pursuant to section 34 of the Land Title Act, R.S.B.C. 1996, c.250; and

a Direction that notice of this application and of the order or decision of the Court be

published in the Gazette, and if the Court sees fit in any other newspaper, in the form

and in for the period the Court thinks expedient.

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Part 2: FACTUAL BASIS

General Background

1. The Petitioner City of Vancouver (the "City") is a munidpaUty and corporation

incorporated pursuant to the Vancouver Charter, S.B.C. 1953, c.55, and has its business office

at 453 West 12th Avenue, Vancouver, British Columbia, V5Y 1V4.

2. 2015 Main Property Inc. is the registered owner of the lands described below.

Henriquez Partners Architects on behalf of their client Westbank Projects Corp. have applied

to the City, inter alia, to restore the building which is located on those lands. The civic

address for the development site is 2015 Main Street, Vancouver, BC, and the lots comprising

it are legally described as follows:

004-908-686 Lot 6 Block 24 District Lot 200A Plan 1 97

004-908-724 Lot 7 Block .24 District Lot 200A Plan 1 97
004-908-660 Lot 8 Block 24 District Lot 200A Plan 1 97
004-909-160 Lot 9 Block 24 District Lot 200A Plan 197
004-909-208 Lot 10 Block 24 District Lot 200A Plan 197
004-909-232 Lot 11 Block 24 District Lot 200A Plan 197
(together the "Property").

3. The Lands are. portions of a T-shaped laneway running north-south between the 100

block of East 4 Avenue and East 5th Avenue and east-west between Quebec Street and the

Property (the "Laneway"). An aerial photograph of the site taken in 2015 is attached hereto

as Schedule "A". This photograph appears as Exhibit "A" to the Affidavit of Jim.Blair #1 sworn

in these proceedings.

4. The Laneway is adjacent to a number of separate legal lots with a variety of owners. •

5. In the context of the redevelopment of the Property, an anomaly concerning the

records of the Land Title Office and the ownership of the lots comprising the Laneway came to

light. In order to ensure appropriate ongoing access to the Property the City must ensure that

it has title to the Laneway.

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The Anomaly

6. On November 16, 1908, City Council adopted a by-law declaring the piece of land

corresponding to the Laneway (identified in the Absolute Fees Register as Lots A and B of

Block 37, District Lot 200A) to be a public lane.

7. This presents a problem since it has now been discovered that according to the records

of the Land Title Office the City does not have title to all of the Laneway.

8. A search of the records at the Land Title Office reveals that the Laneway is comprised

of 19 separate parcels.

9. The Laneway parcels are shown in the Absolute and Indefeasible Fees Registers to be

owned by the City and three individuals:

City of Vancouver:

(1) Portion of Lot A adjacent to Lot 1 ;

(2) Portion of Lot A adjacent to Lot 2;

(3) Portion of Lot A adjacent to Lot 3;

(4) Portion of Lot A adjacent to Lot 4;

(5) Portion of Lot A adjacent to Lot 5;

(6) Portion of Lot B adjacent to Lot 6;

(7) Portion of Lot B adjacent to Lot 7;

(8) Portion of Lot B adjacent to Lot 8;

(9) Portion of Lot A adjacent to Lot 12;

(10) Portion of Lot A adjacent to Lot 13;

(11) Portion of Lot A adjacent to Lot 15; and

(12) Portion of Lot A adjacent to Lot 16

all of Block 24, District Lot 200A, Plan 197

Charles Thomas Dupont ("Dupont"):

(1) Portion of Lot B adjacent to Lot 9;

(2) Portion of Lot B adjacent to Lot 10;

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(3) Portion of Lot B adjacent to Lot 11; and

(4) Portion of Lot B adjacent to Lot 12

all of Block 24, District Lot 200A, Plan 197 (the "Dupont Lands")

lsraeLWQQd_PoweH("Powein

(1) Portion of Lot B adjacent to Lot 5; and

(2) Portion of Lot B adjacent to Lot A

of Block 24, District Lot 200A, Plan 197 (the "Powell Lands")

Annie Flater ("Flater")

(1) Portion of Lot A adjacent to Lot 14 of Block 24, District Lot 200A, Plan 197

(the "Flater Lands").

10. The anomaly arises from historical circumstances surrounding the City's practice of

gradual acquisition of title to streets and laneways over time.

11. At the time of the deposit of the original subdivision plan, Plan 197, lanes were not

always automatically dedicated to the City when Blocks were subdivided. Rather, some lane

parcels were entered in the Absolute Fees Register in the name of the developer whose block

was subdivided.

12, Over time since the 1880's, the City has acquired title to many of those lane parcels.

However, to this day, some lane parcels remain registered in the Absolute Fees Register under

the name of a previous owner of an adjacent lot (as in the case of the Dupont, Powell and

Flater Lands).

13. The Dupont Lands are registered as indefeasible title under Certificate of Title Number

10/202/972A.

14. The Powell Lands are registered as mdefeasible titles under Certificate of Title Number

10/186/957A.

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15. The Flater Lands are registered as indefeasible title under Certificate of Title Number

25/3/13728C.

History of the Dupont, Flater and Powell Lands

16. By Crown Grant dated September 8, 1871 the original District Lot 200Awas conveyed

to Henry Edmonds. The grant was registered in the Absolute Fees Register on September 8,

1871.

17. The records of the Land Title Office show the Laneway as being owned by the City,

Dupont, Powell and Flater. The adjacent Lots 5, 9 to 14 in Block 24, District Lot 200A, Plan

197 ("Block 24"), have been owned by various individuals, including Dupont, Powell and

Flater, over the years.

18. With respect to the Dupont, Powell and Flater Lands, Henry Edmonds transferred to

Powell the interest in Block 24 on February 18, 1886.

19. On February 25, 1886, the interest in Lots 9, 10, 11, 12 and 14 and portions of Lots A

and B adjacent to these Lots in Block 24 were transferred to Dupont.

20. The interest in Lot 5, the portion of Lot B adjacent to Lot 5, and the portion of Lot B

adjacent to Lot A in Block 24 remained with Powell.

21. Conveyances of Lots 5,9, 10, 11 and 12 in Block 24 after 1886 did not include portions

of Lots A and B. Therefore, the Dupont and Powell Lands remain registered as being owned by

Charles Dupont and Israel Powell, respectively.

22. With respect to the Rater Lands, after the February 18, 1886 transfer of the interest in

Block 24 from Henry Edmonds to Powell, Lot 14 and portion of Lot A adjacent to Lot 14 were

transferred as follows:

(1) February 26, 1 886 to Walter Edward Graveley;

(2) May 11, 1886 to Gordon E. Corbould;

(3) November 29, 1889 to Eliza Rorrad;

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(4) April 24, 1902 to Arthur Sykes; and

(5) May 11, 1904 to Annie Flater.

23. Conveyances of Lot 14 in Block 24 after 1904 did not include the portion of Lot A.

Therefore, the Flater Lands remain registered as being owned by Annie Flater.

D. City's historical use of the Lands

24. A sewer system already existed in the Laneway by 1962. City records indicate that the

City performed maintenance to an existing sewer in 1962.

25. A 150 mm cast Iron fire line service is located in the Laneway. City records indicate

that the fire line service was installed in 1961.

26. Gas infrastructures existed in the Laneway as early as 1957.

27. In addition to the underground utilities, there are above-ground utilities located in the

Laneway including telecommunication and gas infrastructures.

28. The Laneway is paved at this time and maintained by the City of Vancouver as a lane.

29. The City has not levied property tax with respect to the Laneway.

E. Heirs of Charles Dupont

30. It appears that Dupont died in 1923, leaving one child: a son also named Charles

("Charles Dupont Jr."). Dupont's will indicated that all of his property was ultimately left to

his son.

31. Dupont's will was presented for probate in 1928 and an inventory of his property filed

in the Court Registry did not include any property in or around Block 37 of District Lot 200A,

Plan 197.

32. Dupont's son, Charles Dupont Jr., was married, had five children, and died in Montreal

in 1997. The City has located contact information for the Respondent William Dupont,

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currently residing in Nashville, Tennessee, who may be one of Charles Dupont Jr's five

children.

33. The obituary of Charles Dupont Jr.'s wife indicates that she had six grandchildren and

two great grandchildren at the time of her death in 2011.

F. Heirs of Israel Powell

34. It appears that Powell died in 1915, leaving nine children: Gertrude, George, Amelia,

Ernest, Bertram, Corysande, Robert, Herbert, and Violet.

35. Four of Powell's children, Gertrude, Bertram, Corysande and Violet, had children

themselves:

(1) Gertrude had one daughter, who died in 2001 , leaving no known children of

her own.

(2) Bertram had one daughter who died in 1919 at the age .of 12.

(3) Corysande had two children: Catherine and Basil.

i. Catherine had a step-daughter who died in 2003, with no known children;

ii. Basil had no known children.

(4) Violet had one child, who died in 1966, with no known children.

36. It would appear that Powell has no living heirs.

G. Heirs of Annie Flater

37. It appears that Flater died in 1957. She had two children: Charles and Stanley Flater.

38. Charles Flater, who died in 1964, had five children: Charlotte, Louise, Charles (Chuck)

Flater Jr., Hope and the Respondent Jolyne (Babe) Flater Haverson ("Jolyne Flater").

(1) Charlotte died in 2011;

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(2) Louise died in 2003;

(3) Chuck died in 2003;

(4) Hope died in January of 2017; and

(5) the Respondent Jolyne Flatpr lives in Chilliwack.

39. Stanley Flater, who predeceased his mother, had three children: the Respondent David

Flater, Marlene and Don:

(1) the Respondent David Flater lives on Gabriola Island;

(2) Marlene died in 201 1; and

(3) Don died prior to his sister Marlene (year unknown).

40. Flater's living heirs are the Respondents Jolyne Flater and David Flater, and a number of

great-grandchildren.

Part 3: LEGAL BASIS

41. There are no title deeds or certificates of title regarding the Laneway that is the

subject matter of this Petition other than the State of Title Certificates, excerpts of which

attached as Exhibits "C", "D" and "E" to the Affidavit of Jim Blair, the entries in the Absolute

and Indefeasible Fees Registers showing the City, Dupont and Powell as owners of the parcels

comprising the Laneway.

42. There are no charges, liens, judgments or certificates of pending litigation registered

in the Land Title Office against the Laneway.

43. To the best of the knowledge and belief of the City's representative, the City is the

owner of the Laneway since the Laneway has been used as a public lane for many years and he

is not aware of any objection being made at any time by any party regarding such public use.

44. The City's representative is not aware of any claim being presented adverse to or

inconsistent with the City's claim to ownership of the Laneway.

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45. Nobody other than the City and its licensees is in possession of the Laneway under any

claim, right or title at this time, and it is presently being used as a public lane.

Part 4: AAATERIAL TO BE RELIED ON

The Petitioner seeks relief pursuant to:

1. the Land Title Act, R.S.B.C. 1996, c.250, s.34;

2. the Land Title Inquiry Act, R.S.B.C. 1996, c.251;

3. the Transportation Act, S.B.C. 2004, c. 44, s. 42;

4. the EscheatAct, R.S.B.C. 1996, c.120;

5. the Vancouver Charter, S.B.C. 1953, c. 55, s. 289;

6. Rule 16-1 of the Supreme Court Civil Rules; and

7. the inherent jurisdiction of this honourable Court.

At the hearing of this Petition will be read the following Affidavits:

1. Affidavit of Linda Eversole made October 2, 2017;

2. Affidavit of Jim Blair made October 4, 2017;

3. Affidavit of Alessandro Di Nozzi made October 10, 2017; and

4. Affidavit of Heidi Granger made November 10, 2017^

5. Affidavit of Kim Giuridch made November 6, 2018; and

6. Schedule B to this Petition.

The Petitioner estimates that the application will take 60 minutes.

Dated: 07/Nov/2018
Qminal Petition dated: .17/Nov/2017 lain K. Dixon
Counsel for the Petitioner

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To be completed by the court only:

Order made

[ ] in the terms requested in paragraphs. of Part 1 of this petition

[ ] with the following variations and additional terms:

Date:
Signature of [ ] Judge [ ] Master

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8.5X11
100 block E 5th A

Sep 22, 2017 11:09

•° Scale 1: 839
 SCHEDULE"B"
NO. S1710781
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF the Land Title Inquiry Act, R.S.B.C. 1996, c. 251,
the Land Title Act, R.S.B.C. 1996, c, 250 .
AND
CERTAIN PROPERTY LEGALLY DESCRIBED AS
"Portion of Lot A adjoining Lot 14
and Portion of Lot B adjoining Lots 5, 9, 10, 11, 12 and A,
Block 24, District Lot 200A. Plan 197, Group .1,
New Westminster District"

BEBVEEN: .

CFTY OF VANCOUVER

PETITIONER

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA,

WILLIAM DUPONT,
JOLYNE (BABE) FLATER HARVERSON and DAVID FLATER

RESPONDENTS

PARTICULARS PURSUANT TO S. 4 LAND TITLE INQ.UIRYACT.

R,S.B.C^1996,c. 250

1. The title deeds or certificates of title regarding the Lanewav (as defined in the

Petition) that is the subject matter of this Petition are attached to the Affidavit of vJim Blair
#1 swornin these proceedings as Exhibits "C", "D" and "E",

2. There are no recorded instruments affecting the Laneway.

3. There are no charges, liens, iudgments or certificates of pending litigation registered

in the Land Title Office against the Laneway and the certificate of the registrar of titles as to

any charges, liens, iudgments or certificates of pending litisation which have been registered

m the land title office against the land is attached as Exhibits "B", "C" and "D" to Affidavit ,

#\ of Kim Giuridch

4. The facts necessary to make out the title claimed by the City of Vancouver to the

Lanewav are set out in the Petition and supported by the affidavit evidence filed in support.

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 5. The affidavit by the person whose title is to be investisated is Affidavit #1 of Jim Blair
sworn in these proceedings and the affidavit of counsel is Affidavit #\ of Heidi Granger sworn

in these proceedings.

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 This is the 1st Affidavit
of Linda Eversole in this case
and was made on 2. /<3C-T/2017

•9f^f,S.r-yt!{
NO.:
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF the Land Title Inquiry Act, R.S.B.C. 1996, c. 251,
the Land Title Act, R.S.B.C. 1996, c. 250
AND
CERTAIN PROPERTY LEGALLY DESCRIBED AS
"Portion of Lot A adjoining Lot 14
and Portion of Lot B adjoining Lots 5, 9, 10, 11, 12 and A,
Block 24, District Lot 200A, Plan 197, Group 1,
New Westminster District"

BETWEEN:

' CITi/ OF VANCOUVER

PETITIONER

AND:

HER MAJESTf THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA,

WILLIAM DUPONT,
JOLYNE (BABE) FLATER HARVERSON and DAVID FLATER

RESPONDENT

AFFIDAVIT

1, Linda J. Eversole, Historical Researcher and Genealogist, of 602 - 548 DaHas Road,

Victoria, British Columbia, AFFIRM THAT:

1. I have been a Researcher since 1987 and perform historical and genealogical research

for investigative purposes. My clients include private law firms, the Royal B.C. Museum, B.C.

Heritage Trust, the Ministry of Agriculture, Fisheries and Food, the Public Trustee of B.C. and

other governmental organizations. I have personal knowledge of the matters and facts

referred to in this affidavit.

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 2. I was retained by the City of Vancouver Law Department to investigate the identity of

the heirs of three individuals who owned property that is the subject matter of these
proceedings: Charles Thomas Dupont, Israel Wood Powell, and Annie Flater.

3. I had previously spent approximately five hours in 2004 and 2005 conducting research
to determine the identity of any heirs of Mr. Dupont. This included research at the B.C.

Archives, the Victoria City Archives, review of various cemetery and newspaper records, and

inquiries of the Royal Trust. Recently 1 have conducted further research regarding these

issues.

4. In relation to each of Mr. Dupont, Mr. Powell, and Ms. Flater I was able to determine

the following information.

Charles Dupont

5. Based on my research, it appears that Charles Dupont died in 1923. He had been

married twice: first to Margaret Dupont who died in 1903 and then to Mary Louise Dupont who
died in Ontario in 1926. My research indicates that Charles Dupont had one child: a son by
the name of Charles Dupont Jr. ("Charles Jr.") who was born in British Columbia in 1908.

6. I have determined through my research that Charles Dupont had a will, which

indicated that all of his real property was given to the Royal Trust Company to administer
with the income to be for the benefit of his second wife Mary Louise Dupont and then upon

her death the property was to be provided absolutely to his son, Charles Jr. Now produced

and shown to me and marked as Exhibit "A" to this my Affidavit is a true copy of the will of
Charles Dupont made March 12, 1923 together with two codicils.

7. I have determined through my research that Charles 'Dupont's estate was presented for

probate in 1924 and an inventory of his property, including real estate, was filed in the

Victoria'Court Registry on October 15, 1928. It appears from that inventory that Charles

Dupont's estate did not include any real property in or around Block 43 of District Lot 200A,

Plan 197. Now produced and shown to me and marked as Exhibit "B" to this my Affidavit is a.

true copy of the probate records regarding the estate of Charles Dupont including the

inventory referred to above.

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 8. I contacted the Royal Trust to determine whether they had any records regarding the

whereabouts or the descendants, if any, of Charles Jr. They indicated that after a thorough

search they believed they did not. They indicated to me that they believed any such records
had been destroyed. Now produced and shown to me and marked as Exhibit "C" to this my

Affidavit is a true copy of a letter I received from the Royal Trust dated January 27, 2005
regarding the above.

9. My research suggests to me that Charles Jr. married Jean White Peters ("Jean") in

1936, and they had 5 children:

a. Alan Dudley Dupont (1938 -1938) '

b. Warren Andrew Dupont (1939 -1948)

c. Louise (spouse - Tys)

d. Harriet (spouse - Andrew)

e. William Dupont (spouse - Susan)

10. Charles Jr. died in Montreal in 1997, and Jean died in 2011. Two of their children,

Alan and Warren, predeceased them. I was unable to find the current/married last names of

their daughters Louise and Harriet. William Dupont may be Dr. William Dupont.who currently

resides in Nashville, Tennessee, but was born, educated and, until quite recently, lived in

Montreal. Jean's obituary in 2011 indicates that she had six grandchildren and two great-

grandchildren at the time of her death. Now produced and shown to me and marked as

Exhibit "D" to this my Affidavit is a copy of the digital printout of Jean's obituary.

Israel Powell

11. Based on my research, it appears that Israel Powell died in 1915, leaving his wife,

Jane, and nine children: Gertrude, George, Amelia, Ernest, Bertram, Corysande, Robert,

Herbert, and Violet.

12. Four of Powell's children, Gertrude, Bertram, Corysande and Violet, had children

themselves:

a. Gertrude had one daughter, who died in 2001, leaving no known children of her

own.

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 b. Bertram had one daughter who died in 1919 at the age of 12.

c. Corysande had two children: Catherine and Basil.

i. Catherine had a step-daughter who died in 2003, with no known

children;

n. Basil had no known children.

d. Violet had one child, who died in 1966, with no known children.

13. It would appear that Israel Powell has no living heirs.

Annie Flater

14. Based on my research, it appears Annie Flater (nee Potruff) has two grandchildren and

numerous great-grandchildren surviving. She had two sons, Charles Perdval Flater and

Stanley Franklin Flater, who are both now deceased.

15. Charles Perdval Flater had five children: Charlotte, Louise, Charles (Chuck), Hope,

and Jolyne.

a. Charlotte Fidelia (Fifi) Flater died in 2011 and had two children;

b. Louise Lori Marie Flater died in 2003 and had eight children;

c. Charles (Chuck) Perdval Flater Jr. died in 2003 and had six children;

d. Hope Flater Rust (Wotherspoon) died in January of 2017 and had four children;

e. Jolyne (Babe) Flater Harverson is alive, her last known address being in

Chilliwack, and has two children.

Now produced and shown to me and marked as Exhibit "E" to this my Affidavit is a copy of

the digital printout of Charles Perdval Ftater's obituary which was published in The Edmonton
Journal on January 3, 2004.

16. Stanley Franklin Flater had three children: David, Marlene and Don.

a. David Flater is alive and lives on Gabriola Island;

b. Marlene Flater died in 2011 and had no known children; and

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 c. Don Flater predeceased his sister Marlene, and had no known children.

AFFIRMED BEFOR

at Victoria, BC 0n

LINDA EVERSOLE J
A Commissiojher/^6r joking
Affidavits fo|- B^Ttis^i Columbia

ROBERT C. ELLINGTON
NOTARY PUBLIC
103-1006 FORT STREET
VICTORIA BC V8V 3K4

{00802Z63V1}
This is Exhibit "A" referre4/to in
Affidavit #\ of Linda J. E/er^[e,

affirmed before me c^T ,2017.

3BEFW. EWGTON
NOT^_Y PUBLIC
W.rJM6F9^TSTREET
P/ICT^I^V8V3K4~

A Commissioner for taking affidavits in

the Province of British Columbia
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10

I. CSAREE;-; tUOLUS DUFOHI, Testator of a Will executea

by ms.st Victoria, British Oolumbie, on the twelfth, d-ay

of March in'the year oi" our lord One thousend. nilne hunared

and twenty-three d.o ly this my Oodlcil REVOKE, .AIiTER AND

CHAK5E so much of ray soia'V.'ill.ss relsteB to -fche annuity

•bo'my .I rather Arthur Dudley Duponto Owing to severe

losses which I have su.ffered.-. end in -view of the feet the t

I am making other pro vis lohjE. here'by. revoke the direction

to my Trustees to psy the- s^S. annuity. In ell other res-

'- . ' ,

.pects I confirm my s&id. Y;ill»-:

f- ^L^ty^-.
Dated, at Yiotoris. British. Columbia, thia »fawfc day of
y; %%';'

Hovember, in the yeer of ''.ou^&Srd. one thoussnfl. niue hima.rea

''•'•.^••- .f

end -twenty-tfareeo

y^

Wl ^ 42^^t>'

SIGNED, PUBLiaiSD AKD SECU.ajiD :liy the Baid. Charles Ihomss

Bupont, lestator, es &nd for,; s-oodlcH to Iiis last will and.

—.-t>S,w. 3

testament, in the presenoe-;:C3@C-'us both present st the ssme

time vtao at his reques-t, ..i;n<|hi;s sight sna presence sncL in.
;-•.'<;-»»:• :~r. • '
.?'V^/-.-^{^* ^ .^ •

the presence- of each o-t;he:|g|||g|Ke ss.ffie t'iae, have^here-fflErttO

«•
^-"y :•.-

f^f |Sfe .witnesses.

^fe
subscribed our names as ,!
;^' ^htSh-
^•33'
.!%i3§
'%| "l;'--i'ni;' ;)• '• • 7^^;'.

if. •ry.r.'i' •-:•••

3^.'.b^..^M^ ^. W fCU^^nn^^/v^
"'7) 4 ' -

^.^ftU-. f <?A^<K i^^i '^^W:

^^/^^^^.^u,^,.^.-
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:^:l;?r f.;r '.-•:;".; afndavlta

r^v^^ f^^ ^^
.^r^^n^^-y^ ->TV»

(At ^/
./^U^—/-y
Gcwr.h.- ' 1 '-•••••>•'• '"k;;-T ''fc;£vlla
 0. ..V'.-

Sated Hovemlier 1, A.D.1923,

COUIUI^ •j.'O li.riT YiILL /;UD

1
VES<3in2:37 OP •»H:.RJ<E:3 •i'HOi.j.a
uuroiiT.
This is Exhibit "B" referred to in
Affidavit #\ of Linda J//Ey^-sol{

affirmed before rru ,2017.

SERT^.yfeLLINGTON
NOTW PUBLIC
3'06 WT STREET
fORlA^C V8V 3K4

A Commissioner for taking affidavits in

the Province of British Columbia
N3
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..14
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 24

^SS^S^i^SS^iS^W^
4^^<^'r.;.'^'^^c-^iL-^-^^\^J^'^^^^.A^^
This is Exhibit "C" r^
Affidavit m of Un?

affirmed befon/me ^ It^-lll <^c-^' ,2017.

^RO$ERT C. StUNGTON
OTARVPUBLIC
103 k tOQ^ORT STREET
Vlj5TO^IADCVQV3K4

A Commis^kfner for taking affidavits in

the Province of British Columbia
 25
RBC [ I:USL
Investments

Royal Trust Corporation of Canada

Trust Advisory Group
707 Fort Street, Suite 502
Victoria, BCV8W3Q3
January 27, 2005 —"..-.

Legacy Heritage Consultants

1030 Terrace Avenue, Ste C
Victoria, B.C.
V8S 3V3

Attention: Linda J. Eversole

Dear Ms. Eversole,

RE: Charles Thomas Dupont

Further to your inquiry on the above mentioned individual, regretfally upon a search of our
records, we have found no relevant existing documents. Due to the age of the probate
documents, any files that may have been held by Royal Trust, no longer exist.

Should you have any questions or concerns, please do not hesitate to contact me.

Yours truly, r .

Loma Rumsby
Tmst Officer, Tmst Services
Telephone: 250-356-3873
Facsimile: 250-356-3929

LR/er
This is Exhibit "D" referred .
Affidavit #\ of Linda J. EVJE

affirmed before me oriy

A Commissioner for taking affidavits in

the Province of British Columbia
 26

MONTREAL
Obituaries Funeral Homes Photos & Memorials Grief & Support C^ Search

Jean White (Peters) Dupont

Obituary Guest Book

DUPONT, Jean White (nee Peters) 1910 - 2011 Passed 2 entries

away, at home on June 23, 2011. Beloved mother of Louise "Dear Louise, Harriet and
(Tys), Harriet (Andrew) and William (Susan). Loving family Our thoughts and
grandmother of Bart (Teresa), Erie (Helena), Annemarie, prayers..."

Tania, Thomas and Peter. Great grandmother of Maya and

Elin. A Funeral Service will be held at St. James the Apostle,
July 29, at 2 p.m. Following the service there will be a The Guest Book is expired.
reception in the church hall, to which all are cordially invited.
Restore the Guest Book

Published in Montreal Gazette from June 27 to July 2, 20-11

Print | View Guest Book |

Helpful Links
Additional Resources Find Advice & Support
»• Send Funeral Flowers '» Funeral Etiquette

>> Donate to Charity i" How to Write a Sympathy Note

» Memorial Verses > Advice on Coping with Loss

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This is Exhibit "E" referred
Affidavit #1 of Linda J. Ev<;

affirmed before me on /"'Z-

A Commissioner for taking affidavits in

the Province of British Columbia
 27

Obituaries Funeral Homes Photos & Memorials Grief & Support Q, Search

Charles FLATER
Notice records

FLATER, Charles Percival April 5th, 1932 - December 27th, 2003 On December 27, 2003 our ATER in AB
beloved father Charles passed into eternal life, to be re-united with our loving mother Marilyn;
his mother and father, his sister and brother-in-law. Dad's memory will be cherished by his 6 sords

children and their spouses, Craige (Greg), Lynda (Stewart), Tim (Deb), Karen, Jeanette and Records
Chucky (Sylvia). His wonderful grandchildren and step-grandchildren, Christopher (Alisha),
3eath Records
Shelby (Philip), Adam, Menz (Lesley), Alien (Shelley), Kenny, Scott, Tiffany, Michael and Alex,
and by his great-grandchildren,. 1 week old Connor, Joshua, and Madilyn. His dear sisters Fifi
Sponsored by .^{aTOgStPf
(Gordon), Hope (Tom), and Babe (Bob), and his close and dear friend Ron. Those wishing to
pay their respects may do so prior to the funeral- service which will be held at 3:00 p.m. TODAY,
Saturday January 3rd, 2004, at Connelly-McKinley Funeral Home (10011-114 Street) with Jo
Masterson officiating. A special word of gratitude to Erna and Leonora for your wonderful care.
Donations gratefully accepted to the Heart & Stroke Foundation of Alberta, 10985 -124 Street,
Edmonton, Alberta, T5M OH9. Connelly-McKinley Ltd., 10011-114 Street, (780) 422-2222, to
send condolences: www.connelly-mckinley.com

Published in The Edmonton Journal on Jan.3,2004

Print |

Helpful Links
Additional Resources Find Advice & Support
Send Funeral Flowers s- Funeral Etiquette

>• Donate to Charity "f- How to Write a Sympathy Note

i> Memorial. Verses f- Advice on Coping with Loss

Return to today's Obituaries for Edmonton Journal

POWERED BYLegacy.com SEARCH OBITUARIES HOWTO COMPANY QUESTIONS? CONTACT US TERMS ©2017 LEGAQ'.COM ALL RIGHTS RESERVED

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