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, and terminal services agreements, and warehouse lease and liability issues. Recent selected matters include:
- Counsel to Kirby Corporation in all Canadian Federal Court and British Columbia Supreme Court civil proceedings and British Columbia Provincial Court regulatory prosecution arising from grounding of the M/T Nathan E. Stewart in October 2016.
- Counsel to Bel Excavating and Shoring Limited Partnership in British Columbia Provincial Court regulatory prosecution arising from $200 million expansion of Fairview Terminals in 2015.
- Counsel to Parkland Fuels in negotiation of tug services agreement for Burnaby Refinery.
- Counsel to Hanjin Shipping Co. Ltd. in all Canadian Federal Court and British Columbia Supreme Court proceedings arising out of 2016-2017 US$10.5 billion foreign insolvency.
- Counsel to City of Vancouver in Federal Court proceedings arising out of 2015 M/V Marathassa oil spill in Burrard Inlet.
- 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 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 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 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 ship owners 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 ship owners in successful Federal Court trial and appeal proceedings holding that the Hauge Visby Rules do not compulsorily apply to 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 berth expansion component of $280 million terminal upgrade in Prince Rupert, BC.
- Counsel to Filld on commencement and operation of 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 construction of multi-billion dollar Site "C" hydro project.
- Counsel to Petronas and Pacific Northwest LNG on environmental matters concerning multi-billion LNG project located near Prince Rupert BC.
- Counsel to Apache Corporation on environmental matters concerning proposed KM LNG Terminal in Kitimat, BC.
- Counsel to Cattermole Timber 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 Weyerhaeuser 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.
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 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 private 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.