Transportation and Maritime Law
Has represented transportation clients (including shipping lines, bulk cargo and container terminals, railways, trucking companies, automobile manufacturers, P&I Clubs, fixed premium and hull and machinery underwriters, primary and excess automobile insurers, and insurance brokers) in a wide variety of matters involving cargo claims, vessel arrests, cargo arrests, collisions/allisions, derailments, spills, charterparty disputes, the transportation of dangerous goods, the purchase and sale of vessels, vessel financings, terminal services agreements, warehouse lease and liability issues, as well as product liability and manufacturer warranty issues. Recent selected cases include:
- Counsel to Hanjin Shipping Co. Ltd. in all Canadian Federal Court and British Columbia Supreme Court proceedings arising out of 2016 foreign insolvency.
- Counsel to the foreign shipowner of the M/V Simushir in drifting/salvage incident on coast of British Columbia, and subsequent arrest of vessel by the Canada Ship-Source Oil Pollution Fund.
- Counsel to the two largest container terminals in Port Metro Vancouver in judicial review proceedings arising from the 2014 Joint Action Plan imposed to end a commercial trucking strike.
- Counsel to a bulk terminal in commercial arbitration proceedings arising from a contractual dispute concerning the shipment of cargo from Vancouver to Asia.
- Counsel to a bulk vessel time-charterer in British Columbia Supreme Court, Court of Appeal, and Supreme Court of Canada leave proceedings in a case concerning the interception of freight and the foreign insolvency of Korea Line Corporation, the second-largest dry bulk shipping line in South Korea.
- Counsel to a member of the Jordanian royal family in both Federal Court and British Columbia Supreme Court proceedings to enforce a US$28.8-million foreign judgment, in a matter involving the arrest of 144-foot tri-deck luxury yacht and subsequent insolvency of a local shipyard.
- Counsel to ship owners in five actions seeking combined damages of C$33 million arising out of a collapsed stow of containerized uranium cargo during a voyage from Vancouver, Canada to Zhangjiang, China.
- Counsel to ship owners in successful trial and appeal proceedings holding that a contractual limitation of liability was $50,000, in a C$1.5-million action for damage to cargo, following a derailment.
- Counsel to a mortgagee bank in the successful arrest and judicial sale of a container vessel, as part of the US$77-million “Eastwind Bankruptcy” proceedings in the United States.
- Counsel to a private mortgagee in the arrest of a passenger ferry and the successful dismissal of an application to extend the time limit for filing a statement of defence, resulting in default judgment for approximately C$800,000.
Has represented and advised clients (including forestry companies, oil and gas companies, mining companies, commercial and residential property owners, and property insurers), on a wide range of environmental law matters in the litigation, regulatory and transactional contexts. These include: cost-recovery proceedings, pollution-related matters (air, water, and soil), spill response incidents (both land and marine), environmental prosecutions (involving both land and marine-based offences), the environmental assessment process (federal and provincial), other regulatory compliance issues, and the allocation of environmental risks and liabilities in a wide range of commercial agreements. Recent selected cases include:
- Counsel to a forestry company in a successful action for breach of contract arising out of the sale of a British Columbia Forest Licence, and the allocation of responsibility for environmental liabilities.
- Counsel to a forestry company in the successful dismissal of an administrative proceeding commenced by the Ministry of Forests under the Forest Range and Practices Act, arising from the deactivation of a logging road.
- Counsel to various parties in litigation and arbitration proceedings involving contaminated sites (both residential and commercial).
- Counsel to major project proponents on both the provincial and federal environmental assessment processes.
- Counsel to clients in criminal and quasi-criminal matters involving environmental offences.
Oil and Gas Law
Has represented oil and gas clients in both surface rights and regulatory matters concerning the construction, operation, and maintenance of pipelines, wells, and processing facilities. Recent selected cases include:
- Counsel to various oil and gas clients in proceedings before the British Columbia Supreme Court and the British Columbia Surface Rights Board, in matters regarding access to private lands.
- Counsel to an oil and gas client in a British Columbia Supreme Court proceeding regarding the confidentiality of well data.
- Counsel to an oil and gas client in proceedings before the British Columbia Oil and Gas Commission and Oil and Gas Appeal Tribunal.