Cases
Representative Work: Transportation
Maritime Law
Has represented transportation clients (including shipping lines, bulk cargo
container terminals, railways, trucking companies, automobile manufacturers, P&I Clubs, fixed premium
hull
machinery underwriters, primary
excess automobile insurers,
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
sale of vessels, vessel financings, terminal services agreements, warehouse lease
liability issues, as well as product liability
manufacturer warranty issues. Recent selected cases include: Counsel to Hanjin Shipping Co. Ltd. in all Canadian Federal Court
British Columbia Supreme Court proceedings arising out of 2016-2017 foreign insolvency.
Counsel to municipal government 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,
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,
Supreme Court of Canada leave proceedings in a case concerning the interception of freight
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
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
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
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
judicial sale of a container vessel, as part of the US$77-million Eastwind Bankruptcy proceedings in the United States.
Environmental Law
Has represented
advised clients (including forestry companies, oil
gas companies, mining companies, commercial
residential property owners,
property insurers), on a wide range of environmental law matters in the litigation, regulatory
transactional contexts. These include: cost-recovery proceedings, pollution-related matters (air, water,
soil), spill response incidents (both l
marine), environmental prosecutions (involving both l
marine-based offences), the environmental assessment process (federal
provincial), other regulatory compliance issues,
the allocation of environmental risks
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,
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
Practices Act, arising from the deactivation of a logging road.
Counsel to various parties in litigation
arbitration proceedings involving contaminated sites (both residential
commercial).
Counsel to major project proponents on both the provincial
federal environmental assessment processes.
Counsel to clients in criminal
quasi-criminal matters involving environmental offences.
Oil
Gas Law
Has represented oil
gas clients in both surface rights
regulatory matters concerning the construction, operation,
maintenance of pipelines, wells,
processing facilities. Recent selected cases include: Counsel to various oil
gas clients in proceedings before the British Columbia Supreme Court
the British Columbia Surface Rights Board, in matters regarding access to private l
s.
Counsel to an oil
gas client in a British Columbia Supreme Court proceeding regarding the confidentiality of well data.
Counsel to an oil
gas client in proceedings before the British Columbia Oil
Gas Commission
Oil
Gas Appeal Tribunal.
