Find Lawyers in Canada for Maritime Law
Practice Area Overview
We handle maritime law matters that include a Canadian aspect for a worldwide client base. Our clients include marine insurers, domestic and foreign ship owners, charterers, shippers, cargo importers, tug and tow operations, forwarders and salvors, as well as banks and legal counsel in other jurisdictions.
Our litigation work frequently involves commercial and marine casualty disputes (including collisions and personal injuries), marine insurance coverage disputes, marine insurance subrogation, ship arrest, recoveries for cargo damage or loss, and yacht construction disputes. We emphasize a results-oriented approach that focuses on desired client outcomes. Our team is experienced at all levels of court both in British Columbia and in the Canadian Federal Court system.
Our commercial work comprises drafting commercial contracts, marine mortgages, insurance policies, financings, and other transportation industry documents including bills of lading, ship sale agreements, shipbuilding and repair contracts, and contracts of affreightment.
Members of the Maritime Practice Group have participated at the executive level or spoken at several leading Canadian and international maritime conferences and seminars, and are actively involved in the Canadian Maritime Law Association, the Canadian Bar Association National Maritime Law Section, the Canadian Board of Marine Underwriters and Marine Insurance Association seminars, the Chamber of Shipping of British Columbia, the Transportation Lawyers Association, and the Canadian Transportation Lawyers Association.
Notable representative matters include the following:
- Wells Fargo Equipment Finance Company and Others v. The Owners and All Others Interested in the Barge “MLT-3? and Others, 2012 FC 738. The first and only decision on Section 43(2) of the Marine Liability Act,which held that the Hague-Visby Rules do not apply to contracts of carriage within Canada unless there is a written contract.
- North King Lodge Ltd. v. Gowlland Towing Ltd., 2005 BCCA 557. Court of Appeal decision that restates the limited duty of care that an owner or occupier of maritime property owes to a trespassing vessel.
- J.A. Johnston Company Ltd. v. The Ship Tindefiell, (1973) 2 F.C. 1003. The first decision outside the United States to hold that a shipping container was not a “package” within the Hague Rules.
- Norsk Pacific Steamship Co. Ltd. v. Canadian National Railway Company (Jervis Crown), [1992] 1 S.C.R. 1201. Broadened the ambit of recovery for pure economic loss.
- Bayside Towing Ltd. v. Canadian Pacific Railway Co., [2001] 2 F.C. 258. The first decision in Canada on the new limitation of liability regime.
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Shelley Chapelski is the leader of a team of experienced shipping lawyers within the transport team in Canada. Her practice encompasses both transactional and litigation aspects of maritime law, including maritime contracts, torts, liability claims, creditor's remedies and marine insurance matters. She has been recognized by her clients and colleagues as one of the leading maritime lawyers in Canada. Shelley drafts and advises on a wide array charter parties, contracts of carriage, moorage co...
Mr. Fernandes practices transportation law (aviation, marine, trucking, rail, freight forwarding, logistics and warehousing). He also conducts mediations and arbitrations, holding certificates from the University of Windsor for its ADR Workshop and for its Advanced ADR Workshop and from Pepperdine University. Mr. Fernandes has appeared before the courts of Ontario, British Columbia, Alberta, Nova Scotia, the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada....
Jean-Marie Fontaine is a partner in the Montreal office of Borden Ladner Gervais LLP who specializes in the field of Maritime law as well as non-marine insurance regulation and compliance. Jean-Marie acts for high-profile clients in both contentious and non-contentious transportation matters. Jean-Marie’s practice encompasses cargo claims, collisions, spills, disputes relating to shipbuilding and charterparties and the arrest of ships and cargos. He also has expertise in the drafting of...
Jean Grégoire serves clients involved in the marine sector. He is frequently retained by shipowners, operators, charterers, port authorities, terminal operators, stevedores and P&I Clubs. He regularly advises shippers and consignees in the mining and oil and gas industries on marine-related matters. He advises and represents his clients not only in marine and admiralty matters but also in other fields including penal law, environmental law, administrative and regulatory law and com...
Gordon represents international and domestic interests involved in the transportation and related insurance industries in litigation, regulatory and contractual matters. Gordon advises and represents shippers, carriers, intermediaries (freight forwarders, freight brokers and customs brokers) and their insurers on matters pertaining to risk assessment and management, regulatory compliance and commercial and casualty disputes arising from the international, cross-border and domestic carriage of...
Jason Kostyniuk is a Partner and the leader of the firm’s Maritime Practice Group. He is also a member of the firm’s Environmental and Insurance Practice Groups. Jason’s practice focuses on maritime and transportation matters, as well as commercial and insurance litigation. It includes ship arrest and enforcement of maritime claims, charterparty and commercial contract disputes, marine pollution, general insurance matters, marine insurance and P&I matters, vessel collisi...
John G. O’Connor has extensive experience in maritime and commercial law. He has handled all types of marine insurance claims including P&I liability, environmental liability and general average, as well as ship financing, maritime accidents and salvage matters. He has been especially active in the energy sector and involved in the international carriage and sale of oil, gas and other bulk commodities. He also has extensive experience in marine, errors and omissions and protection a...
Michael Silva joined Whitelaw Twining in June 2003 and became a Partner at the Firm in 2009. He practices in the area of general litigation, with a focus on transportation matters. Mike is one of two partners in charge of our Firm’s Marine & Transportation, Road Maintenance and Subrogation practice groups. Michael has appeared on behalf of clients in British Columbia Provincial and Supreme Courts, the British Columbia Court of Appeal, in Federal Court, and in a variety of administra...
Andrew Stainer is a Vancouver-based lawyer with a litigation practice emphasizing commercial, maritime, transportation and insurance disputes. He has extensive experience with matters involving casualty and emergency response (including dealing with the Transportation Safety Board and other regulatory agencies), oil spills and other pollution, maritime collisions and claims, cargo claims, bodily injury, and property loss. He represents a diverse array of clients, including underwriters, ship ...
Kim has been a partner since 2007. Kim’s practice includes a specialty in transportation law focusing primarily in marine and trucking including freight forwarding and logistics, cargo issues, casualty cases, transportation-related personal injury matters and loss transfer litigation. Kim is a Past President of the Canadian Transport Lawyers Association (2012). She is presently the Vice President (Central Region) for the Women's International Shipping & Trade Association. Kim is lis...
Kim Wigmore's practice involves a broad range of insurance litigation with a focus on casualty, professional liability, and transportation-related insurance issues. He appears frequently in the Supreme Court of British Columbia, the Federal Court of Canada, and the British Columbia Court of Appeal. Kim also has extensive experience in mediations. Kim's particular areas of experience include: acting for defendants in all types of transportation-related accidents. including bodily injury and wr...
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