Shipping and Transportation Law
Counsel to shipping and transportation clients in a wide variety of matters involving cargo damage claims, vessel arrests, cargo arrests, vessel collisions/allisions, derailments, spills, charterparty disputes, the transportation of dangerous goods, the purchase and sale of vessels, vessel financings, terminal services agreements, and warehouse lease and liability issues. Recent matters include:
- Counsel to Kirby Corporation in all ongoing Canadian Federal Court and British Columbia Supreme Court civil proceedings and British Columbia Provincial Court regulatory proceedings arising from the grounding of the M/T Nathan E. Stewart in October 2016.
- Counsel to ongoing Bel Excavating and Shoring Limited Partnership in British Columbia Provincial Court regulatory proceedings arising from the $200 million expansion of Fairview Terminals in 2015.
- Counsel to Parkland Fuels in the negotiation of a tug services agreement for its Burnaby Refinery.
- Counsel to Hanjin Shipping Co. Ltd. in all Canadian Federal Court and British Columbia Supreme Court proceedings arising out of its US$10.5 billion foreign insolvency in 2016.
- Counsel to the City of Vancouver in Federal Court proceedings arising out of the 2015 M/V Marathassa oil spill in Burrard Inlet.
- Counsel to the shipowner of the M/V Simushir in Federal Court proceedings arising out of a 2014 drifting/salvage incident on the west coast of British Columbia, near Haida Gwaii.
- Counsel to the two largest container terminals in Port Metro Vancouver in Federal Court 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 export 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 Federal Court, Federal Court of Appeal, 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 a shipowner in Federal Court proceedings 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 a shipowner in successful Federal Court trial and appeal proceedings holding that the Hague Visby Rules do not compulsorily apply to sea waybills under Canadian law, and enforcing a C$50,000 contractual limitation of liability, 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 in Federal Court, as part of the US$77-million “Eastwind Bankruptcy” proceedings in the United States.
Counsel on a wide range of environmental law matters in the transactional, regulatory and litigation contexts. These include: the environmental assessment process (federal and provincial), major project approvals, cost-recovery proceedings, pollution-related matters (air, water, and soil), spill response matters, regulatory compliance and enforcement, and the allocation of environmental risks and liabilities in a wide range of commercial agreements. Recent selected matters include:
- Counsel to Ridley Terminals on environmental matters concerning its $280 million terminal upgrade in Prince Rupert, British Columbia.
- Counsel to Filld Inc. on the commencement and operation of its mobile fuel delivery service in Canada.
- Counsel to Translink on environmental matters concerning its $1.6 billion Surrey LRT Project.
- Counsel to B.C. Hydro on environmental matters concerning the construction of its multi-billion dollar Site "C" hydro project.
- Counsel to Petronas and Pacific Northwest LNG on environmental matters concerning a multi-billion dollar LNG project located near Prince Rupert British Columbia.
- Counsel to Apache Corporation on environmental matters concerning the multi-billion KM LNG Terminal in Kitimat, BC.
- Counsel to Cattermole Timber in a successful British Columbia Supreme Court 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 Weyerhaeuser Company in the successful dismissal of a regulatory proceeding commenced by the Ministry of Forests under the Forest Range and Practices Act, arising from the deactivation of a logging road.
Oil and Gas Law
Counsel to 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 expropriation proceedings before the British Columbia Supreme Court and administrative proceedings before the British Columbia Surface Rights Board and National Energy Board, in matters regarding access to lands.
- Counsel to an oil and gas client in a British Columbia Supreme Court proceeding regarding the confidentiality of well data.
- Counsel in regulatory proceedings before the British Columbia Oil and Gas Commission, the British Columbia Oil and Gas Appeal Tribunal, the British Columbia Utilities Commission, and the National Energy Board.