Elyn Underhill (Retired)
Elyn has been practising law since 1985 after completing her Masters of Laws at the University of London (LSE) in maritime law. She has practiced with two maritime law firms before joining Bernard LLP in 2018. She has more than 25 years’ experience as a litigator and solicitor in the maritime law field. Elyn has been involved in maritime and transportation litigation including marine insurance, carriage of goods, collision, charter parties, tug and tow, and personal injury matters. Elyn has appeared before the Supreme Court of British Columbia, the British Columbia Court of Appeal, the Federal Court and the Federal Court of Appeal.
Her maritime solicitor’s work includes reviewing and drafting charter parties, mortgages, ship construction contracts, marina leases, and other contracts. Elyn also has general corporate and commercial experience.
In 2008 Elyn became a mediator on the Mediate BC’s Civil Roster. She is a regular guest instructor for the mediation component of the Law Society’s Professional Legal Training Course for new lawyers.
In addition Elyn has been a facilitator and presenter at the Continuing Legal Education (Admiralty Law Workshop) and has provided the following education seminar presentations to the Marine Insurance Association of British Columbia: Insureds, Loss Payees, Mortgages and Assignees: Rights and Responsibilities under the Policy; Marine Insurance and Time Limitations; and A Review of Recent Cases.
Elyn is a past chair of the BC Air Law subsection of the Canadian Bar Association. Elyn is presently a director of the Jericho Tennis Club.
Representative Cases
- Maloney v. Dockside Marina Centre Ltd., 2013 BCCA 539 (CanLII) — 2013-12-10. Court of Appeal — British Columbia.
exclusion clause — unconscionable — boat — contingent — cooling system - I.C.S. Petroleum (Montreal) Ltd. v. Dauphins du St-Laurent, 2005 FC 251 (CanLII) — 2005-02-16. Federal Court — Canada (Federal).
fuel — ship — rem — shore tank — lubricating oil - Asian Exports International Ltd. v. Zim Isreal Navigation Co., 2004 FC 225 (CanLII) — 2004-02-11. Federal Court — Canada (Federal).
non-negotiable bill of lading — container — bed springs — hold harmless agreement — comity - Miller Dredging Ltd. v. Dorothy MacKenzie (The), 1994 CanLII 1312 (BC CA) — 1994-10-20. Court of Appeal — British Columbia.
overhead — equipment — dredge — cost - Miller Dredging Ltd. v. Dorothy MacKenzie (The), 1993 CanLII 540 (BC SC) — 1993-01-27. Supreme Court of British Columbia — British Columbia.
dredge — breastline — tow — skipper — river
Professional and Other Affiliations
- Called to the Bar of British Columbia 1985
- Law Society of British Columbia, member
- Canadian Bar Association, member
- Canadian Maritime Law Association member
- Women’s International Shipping & Trading Organization, member
- Mediate BC Civil Roster
- Royal Vancouver Yacht Club
- Arbutus Club
- Jericho Tennis Club
Other Interests
Tennis, rowing, drawing and painting, travelling, outdoor enthusiast and reading.
Areas of Practice
Education
- LLM (1989) Maritime Law awarded the mark of merit London School of Economics, University of London, England LL.B.
- LLB (1986) Osgoode Hall Law School Toronto, Ontario
- BA (1981) Ewing Memorial Scholarship, American Political Science Award, Trent University Peterborough, Ontario
- (1978) University of New Mexico, Deans Honour Roll, Full Athletic Scholarship Albuquerque, New Mexico