Three Bernard LLP lawyers have been recognized in the 2025 edition of The Best Lawyers in Canada as leaders in the field of Maritime Law. They are: Peter Swanson (recognized since 2006) and Tom Hawkins (recognized since 2008). In addition, David Jarrett has been recognized as a Best Lawyer in Maritime Law for the first time in 2025.… more »
On May 17, 2024 Access Pro Bono held its annual Volunteer Appreciation Breakfast. The purpose of that breakfast was to acknowledge the work of Access Pro Bono’s volunteers and to thank them for the hours that they contributed to Access Pro Bono’s efforts providing free legal advice to British Columbians in 2023 and 2024. The Partners of Bernard LLP are… more »
The partners of Bernard LLP are pleased to announce that Julie Gaydar has recently joined the Firm. Julie will be working as an Associate in the business law group focusing on corporate and commercial, construction and maritime law. Julie was called to the British Columbia Bar in 2018 after articling in the Vancouver office of a regional law firm and… more »
The partners of Bernard LLP are pleased to announce that Brogan G. Pastro has recently joined the Firm. Brogan obtained his BA (Law with French Law) from New College at the University of Oxford in the United Kingdom. He then attended at the University of British Columbia (Peter A. Allard School of Law) where he obtained an LLM in Common… more »
Bernard LLP partners Catherine Hofmann and Jason Hicks at the 2023 Business Opportunities Conference organized by the Association of British Columbia Marine Industries in Vancouver. Proud to continue our support of the local marine industry sector. … more »
Bernard LLP partner Jason Hicks recently attended the Canadian Bar Association’s Construction and Infrastructure Law Conference in Vancouver. Speakers and participants from coast to coast to coast covered topics ranging from technology trends in construction to collaborative contracting models and the latest developments in case law and statutes. This was the CBA’s first in-person national construction and infrastructure conference since… more »
Bernard LLP is proud to support British Columbia’s maritime industries by renewing its sponsorship of the ABCMI Business Opportunities Conference. This year’s event is happening on October 17-18, 2023, at the Vancouver Convention Centre. Look for our booth in the exhibition area.… more »
The partners are excited to have Wana Wafa join us as our newest litigator, having been called to the BC bar on September 26, 2023. Wana brings a wealth of practical experience as she was a paralegal with Bernard LLP while she was attending law school through the pandemic and afterwards during her LLM program at UBC. In addition to… more »
The partners of Bernard LLP are delighted to announce that Alexandra King has recently joined the Firm. Alexandra will practice as a member of our corporate and commercial team, focusing her efforts on corporate finance, private mergers and acquisitions, corporate restructuring and governance and a variety of commercial and maritime contracts. She will also provide assistance to clients on their… more »
Bernard LLP is very proud to announce that David K. Jones has been appointed a Judge of the Supreme Court of British Columbia. His appointment was announced by the Honourable Arif Virani, Minister of Justice and Attorney General of Canada. Mr. Justice Jones was a founding member of Bernard LLP, becoming a partner shortly after the creation of the firm… more »
David S. Jarrett was recently appointed as the Chair for the Canadian Bar Association (National), Maritime Law Section for the 2023 – 2024 term. As Chair, David’s duties include overseeing section activities and presiding over its meetings. David was previously the Vice-Chair for the 2022 – 2023 term. The Maritime Law Section deals with law and practice of provincial, national… more »
On April 15, 2023, Tom Beasley chaired the Indigenous Maritime Archaeology Conference (IMAC), at the Joe Mathias Centre on the Squamish First Nation in North Vancouver. This was the first Conference in North America devoted solely to indigenous maritime archaeology topics. The Conference featured 12 speakers on maritime archaeology in the Pacific Northwest and Ontario, environmental change over time and… more »
Peter Swanson was recently re-elected to the Board of Directors of the Chamber of Shipping of BC. The Chamber is a not for profit society that has been the public voice of the marine industry on Canada’s West Coast since 1923. The Chamber highlights the importance and impact of shipping, and works to ensure that policies are being followed… more »
Tom Hawkins has been reappointed and Peter Swanson has been newly appointed as adjunct professors of law at the Peter A. Allard School of Law at the University of British Columbia. Tom and Peter are co-teaching the Maritime Law course to 2nd and 3rd year law students. This is the first time the Maritime Law course has been… more »
Bernard LLP is named by The Globe and Mail’s Report on Business Magazine in its second annual list of “Canada’s Best Law Firms” in the field of transportation law. This achievement distinguishes Bernard LLP as one of 15 firms recognized nationally, and the only transportation law boutique firm to be recognized in Vancouver. The selection of Bernard LLP was based… more »
On November 16, Tom Beasley was onboarded in Ottawa as a Fellow of the Royal Canadian Geographic Society. This appointment is in recognition of Tom’s leadership in maritime archaeology, artificial reefs, maritime heritage, shipwreck discovery and preservation, scuba diving safety, marine conservation, and maritime museums in BC over the last 40 years. https://rcgs.org/about/fellows/… more »
The partners of Bernard LLP are delighted to announce the recent addition of a new lawyer to the Firm. Buck Hughes has joined our litigation team to focus on maritime, employment and personal injury law, while also providing assistance to our business law group. Buck was called to the BC Bar in 2016. Buck brings high quality skills and experience… more »
Following the May 2021 AGM of the Vancouver Maritime Museum Society (VMM), Tom Beasley was elected President of the VMM Board. Tom replaced Peter Bernard who had been the VMM President for 8 years. Tom led a change in the diversity of the VMM Board members adding 3 indigenous women under 35, all who are involved in maritime activities… more »
Bernard LLP was successful in defending Catherwood Towing in the Supreme Court of British Columbia in a dispute over an indemnity provision. This litigation arose from the grounding of two barges while under tow by Catherwood Towing. The supplier of the barges claimed damages in an amount exceeding $800,000. Bernard LLP defended Catherwood Towing against this claim by arguing to… more »
The partners of Bernard LLP are delighted to announce the recent addition of two new lawyers to the Firm. Jaden Lau has joined our solicitor’s practice and will work closely with our senior solicitors to provide high quality and timely advice to our business law clients, including those working within the local marine sector. Nicholas Wilson has joined our litigation… more »
United Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067: This case dealt with a claim for unpaid freight and fees owing to the plaintiff, a yacht transporter, for transporting the defendant yacht the Knight Ship from Florida to British Columbia. Following arrival in British Columbia the yacht was arrested for the unpaid amounts. David Jarrett and Harry … more »
We are pleased to announce that Lorna Pawluk, who has practiced in association with Bernard LLP since 2006, was appointed on February 4, 2021 by the provincial government to the Board of Directors of WorkSafeBC. Lorna will be an extremely valuable addition to the Board bringing her extensive experience dealing with occupational health and safety and workplace safety matters… more »
David S. Jarrett was recently appointed as the Legislative Committee Chair for the Executive Committee of the Marine Insurance Association of British Columbia (“MIABC”) for the 2021 – 2022 term. As Legislative Liaison, David’s duties include keeping the MIABC’s Executive Committee updated on any legislative changes or court decisions that may affect its membership. This is David’s second time as … more »
Bernard LLP has again been recognized by Chambers & Partners as a Band 1 (leading) firm in the field of Transportation: Shipping in Nationwide – Canada. Four of Bernard LLP’s maritime lawyers are also individually ranked: Gary Wharton (Band 2); Peter Swanson (Band 1); Tom Hawkins (Band 2) and David Jones (Band 3). No other firm has a greater concentration… more »
Four of Bernard LLP lawyers have again be recognized by Best Lawyers as leaders in the field of Maritime Law. They are: Gary Wharton (recognized since 2008); Peter Swanson (recognized since 2006); Tom Hawkins (recognized since 2008); David Jones (recognized since 2015). Additionally Lorna Pawluk, Q.C. is again recognized as a leader in Workers’ Compensation Law, having been so recognized… more »
Bernard LLP is committed to the safety of its staff and to the wellbeing of the community we serve. Our COVID-19 response plan and systems are designed to allow us to provide continuing and essential services to clients as uninterrupted as possible. Please continue to contact the lawyers in the firm as you normally would. As governments are now moving… more »
Continuing the trend, Bernard LLP and a number of its lawyers have been ranked as leaders in the field of transport law (defined by Doyles Guide as including admiralty, aviation, shipping, road and rail transport). Bernard LLP has been ranked as one of two “First Tier” firms and the only “First Tier” transport law firm in British Columbia. All… more »
The ongoing development of COVID-19 has required Bernard LLP to regularly review our day to day operational practices. Starting March 17, and based on advice from the federal, provincial and local governments, a number of our staff will be working remotely, although our office will remain open. Importantly, Partners and Associate lawyers will continue to work either in office or… more »
Bernard LLP maritime lawyers, Gary Wharton, Peter Swanson, Tom Hawkins and David Jones are again recognized as a top-tier (Band 1) admiralty law team in Canada. According to the guide the team is known as a “significant player in the market” and “a pre-eminent Vancouver maritime practice group, lauded for its effective transactional and litigation advice to domestic … more »
Bernard LLP is again recognized for its work in both Maritime law and Workers Compensation law. Gary Wharton, Peter Swanson, Tom Hawkins and David K. Jones have be recognized by their peers for their work in the maritime law field, being included in the 14th Edition of The Best Lawyers™ in Canada. Lorna Pawluk, Q.C. has… more »
The Partners of the firm are delighted to announce that Jason Hicks has joined the partnership at Bernard LLP, effective January 1, 2019. Jason brings a wealth of knowledge and experience to the firm having practiced corporate and commercial law in both a private practice setting and as in-house counsel for large public and private enterprises. Jason is a member… more »
Peter Swanson and David Jones of Bernard LLP along with Mark Rowan of Hira Rowan were completely successful in defending the M/V Marathassa in relation to a variety of charges arising out of the discharge of fuel oil from the ship into English Bay in the Port of Vancouver in early April 2015. While some of the charges were stayed… more »
CMAC was established in 1959 and “… has been committed to building a team of elite arbitrators with strong work ethics and substantial relevant experience.” In accordance with that philosophy Bernard LLP partner, Peter Swanson, was appointed as arbitrator with CMAC. The appointment is effective from September 1, 2018 and extends through to April 30, 2020, subject to renewal. … more »
The Federal Court recently issued an important decision regarding whether the Ship-Source Oil Pollution Fund (“SOPF”) can recover for pollution clean-up costs from a company (or its’ principal shareholder) that was not the actual owner of a barge, but that remained, through inadvertence, the registered owner: see The Administrator of the Ship-Source Oil Pollution Fund v. Dr. Jim Halvorson Medical … more »
On December 5, 2018, the BC Law Institute (BCLI), www.bcli.org issued a report on reform of BCLI’s Employment Standards Reform Project. The 320 page Report contained 71 recommendations for changes to the Employment Standards Act (ESA). The Project has been underway since the fall of 2014 with support from labour and business organizations, the Law Foundation of BC,… more »
The Partners of Bernard LLP are pleased to announce that Elyn Underhill has joined the firm as associate counsel. Elyn has over 25 years of experience practicing in the field of maritime law, including marine insurance, ship construction contracts, charter parties, and marina leases as well as related litigation. The Partners have worked opposite Elyn over the years and are… more »
The Partners of Bernard LLP are delighted to welcome Jason Hicks as the newest member of our legal team. Jason brings a wealth of legal and business experience to the firm having practiced as in-house counsel for over a decade with significant contributors to the Vancouver market, including the Vancouver International Airport Authority and most recently Pacific NorthWest LNG. “Jason… more »
Best Lawyers Canada has recently released the results of their upcoming 2018 peer review assessments. Bernard LLP lawyers have again been highly rated, including David Jones being recognized as 2018 Vancouver Maritime Law “Lawyer of the Year”. Gary Wharton, Peter Swanson and Tom Hawkins have also been recognized by Best Lawyers Canada for their work in the field… more »
Who’s Who Legal has identified Gary Wharton, Peter Swanson, and David Jones for inclusion in its 2016 publication as leaders in the field of shipping and maritime law. Bernard LLP has the highest number of Who’s Who ranked maritime lawyers on Canada’s west coast and the second highest number in all of Canada. Gary Wharton is identified as… more »
Bernard LLP associate counsel, Lorna Pawluk, was appointed the honorary title of Queen’s counsel, or QC, today by the Attorney General and Minister of Justice Suzanne Anton. Recipients of the honour of the QC designation, according to the Attorney General: “… have enriched the justice system with their contributions to the practice of law. They have demonstrated professional… more »
The partners are pleased to welcome Mark Gill to the firm as our newest associate. Mark was called to the Bar of British Columbia in May 2016, after completing his articles at a regional firm in downtown Vancouver. Mark will practice with our Business Law Group will advise companies on general corporate matters including incorporation, reorganization, corporate governance and major… more »
In a 2-1 majority decision, the BC Court of Appeal upheld the trial judgment in a case in which Tom Hawkins and Megan Nicholls successfully defended a significant bodily injury claim on the Plaintiff’s lack of credibility. The majority of the Court of Appeal in Zajaczkowski v. Grauer, 2016 BCCA 48 confirmed the findings of the trial judge that… more »
We are pleased to advise that Tom Hawkins has been appointed acting President of the Pacific Regional Advisory Council on Oil Spill Response. The Regional Advisory Council provides advice to the Minister of Transport in respect to oil spill prevention and response issues on the Pacific coast of Canada.… more »
Peter Swanson sat as a judge in the recent Judge John R. Brown Admiralty Moot Court Competition held in San Francisco on March 3-5, 2016. The Competition has law students from a number of prominent U.S. law schools present a mock legal issue as if they were before the U.S. Supreme Court. This years problem addressed the question whether punitive… more »
Bernard LLP lawyers, Peter Swanson and Michael Soltynski, won gold and silver team trophies, respectively, at the recent Mel Patterson-Delich-Emard Memorial Pool Tournament held in San Francisco on March 4 following the traditional Phil Berns Memorial West Coast Pacific Admiralty Bar Post-Holiday event. Peter Swanson and his team mate, Dino Rosso, won the tournament, defeating Michael Soltynski and Tim… more »
The Partners of Bernard LLP are delighted to announce that David Jarrett has been elevated from an Associate to Partner of the firm, effective January 1, 2016. David has been with the firm since 2010 and practices with our Admiralty and Maritime, Insurance and Litigation groups. David has provided exceptional service to the firm’s maritime and other clients and… more »
Joanna Dawson has been elected VP, Western of Women’s International Shipping and Trading Association (WISTA) Canada. WISTA is a worldwide networking organization for women at the management level in the maritime industry. WISTA facilitates the exchange of contacts, information, and experiences among its members; promotes and facilitates the education of its members; and provides liaison with related organizations worldwide. WISTA… more »
Bernard LLP lawyers Peter Swanson and Megan Nicholls were successful in obtaining judgment in the Federal Court on behalf of a Canadian bunker supplier in the context of the OW Bunker bankruptcy: Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108. Justice Russell of the Federal Court delivered a lengthy and detailed set of Reasons rejecting arguments that … more »
Bernard LLP Lawyer, Tom Beasley, has been appointed as the Public Representative on the Registration Committee for the College of Optometrists of British Columbia. His appointment was made at the September 21, 2015 meeting of the Board of the College. As Public Representative, Tom will be part of the process that assures the public and other stakeholders that… more »
We are pleased to announce that effective September 14, 2015 Michael Soltynski has joined the firm as an associate. Michael brings a broad range of legal and insurance experience to the firm, having been called to the Bar in South Africa and having previously worked as a legal claims handler at an International Group P&I Club and as an insurance… more »
After much reflection, James has decided to leave the practice of law to pursue a new vocation in church leadership. James will be part of a team serving the people of Trinity Central, a Christian church in downtown Vancouver. He can be reached by email at james@trinitycentral.org. We wish James and his family all the best.… more »
Gary Wharton and David Jarrett were featured in the June 2015 issue of BarTalk, the Canadian Bar Association, British Columbia Branch’s magazine, following their recent presentations to the CBA’s Maritime Law section meeting. Gary provided a case comment on Ehler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship), 2015 FC 324 and David led a discussion… more »
Partner Peter Swanson recently moderated a panel discussion at the XIX International Congress of Maritime Arbitrators (ICMA) held in Hong Kong from May 11-15, 2015. The session was entitled “Contemporary Shipping Problems” and included discussions on the recent issues in the Mediterranean regarding irregular migration by sea to Europe, the possibility of banning ransom payments to pirates, and the… more »
David S. Jarrett was elected as the Honorary Solicitor for the Boating BC Association (“Boating BC”). Boating BC has been the voice of recreational boating in BC since 1957, working with all levels of government and other stakeholders to grow and enhance the boating experience. Boating BC is a non-profit organization governed by a volunteer board of directors from a… more »
We are pleased to announce that Tom Hawkins was recently appointed to the Pacific Regional Advisory Council on Oil Spill Response by the Minister of Transport. Regional Advisory Councils, established under the Canada Shipping Act, 2001, are advisory bodies that identify and make recommendations on policy issues affecting oil spill preparedness and response. One of the principle mandates is… more »
We are pleased to announce that Bernard LLP lawyer Peter Swanson has been elected a director of the Chamber of Shipping of British Columbia. Peter had previously been appointed a Director in 2013 temporarily filling a Board vacancy, and has served as chair of the Owner’s Committee since that time. The Chamber of Shipping is a not-for-profit industry association… more »
Who’s Who Legal Canada has selected Gary Wharton (shipping & maritime), Peter Swanson (shipping & maritime), Tom Hawkins (shipping & maritime) and Nevin Fishman (product liability defence) for inclusion in its 2014 publication. These selections are based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only experienced lawyers who have met independent international research… more »
Bernard LLP partner, Gary Wharton, was successful as counsel in the Federal Court of Appeal in upholding a lower court decision clarifying important limits on the right of sistership arrest under Canadian law. The Federal Court of Appeal, in a unanimous decision written by Mr. Justice Nadon, in the case of WESTSHORE TERMINALS LIMITED & OTHERS v. THE SHIP … more »
The Court of Appeal for British Columbia in the case of British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, 2014 BCCA 353 upheld the lower Court’s determination that a Worksafe BC order against BC Hydro should be quashed. Peter Swanson was counsel for BC Hydro at both levels of Court. The case turned on the… more »
We are pleased to announce that five Bernard LLP lawyers are listed for 2015 in Best Lawyers International. Four of our lawyers, Gary Wharton, Peter Swanson, Tom Hawkins and David Jones, are listed for their maritime practices, while Nevin Fishman is listed for his medical negligence practice. A schedule of the lawyers, their practice areas and… more »
Peter Swanson was re-elected and David S. Jarrett was elected for the first time to the Board of Directors of the International Sailors’ Society Canada (the “ISSC”). The ISSC is a registered charity that contributes to Canadian seafarer organizations and centres that provide support to merchant seafarers. Peter G. Bernard, Q.C. (retired) stepped down from his board position with the… more »
We are pleased to announce that effective August 14, 2014 Russell Robertson has joined the firm as an associate. Russell brings a unique blend of practice skills to the firm, having clerked at the Federal Court in Ottawa and having practiced as a commercial litigator in Vancouver since December 2010. Russell will continue to build his commercial litigation and insurance… more »
David S. Jarrett recently applied to the British Columbia Provincial Court to have 18 alleged contraventions of the Fisheries Act, R.S.C., 1985, C. F-14 relating to an unlawful deposit of a deleterious substance (wood preservative leeching from a marine structure) in water frequented by fish judicially stayed. The stay granted by the Court ended the prosecution of all charges… more »
We are pleased to announce that Amelja Zoehner was qualified as a lawyer on June 23, 2014 and is now practicing as the newest member of our litigation practice. Amelja brings a unique set of skills to the practice of law and we look forward to her having a long and successful practice with Bernard LLP.… more »
Peter Swanson along with Bonnie Gee (The Chamber of Shipping of BC) and Andrew Mayer (Prince Rupert Port Authority) competed last weekend (June 21-22) in the Sailors’ Society Three Peak Challenge. The Challenge had 39 teams from around the world climbing three of the tallest mountains in the United Kingdom, all within a 24-hour period.… more »
Effective June 16, 2014, Paul Mooney is returning to his home town of Ottawa to continue his litigation practice. Paul is joining the Ottawa law firm of Bertschi Orth LLP. We wish Paul continued success at his new firm. Paul can be reached at 1410 Blair Place, Suite 400, K1J 9B9 Ottawa, Ontario, Canada (Tel: 613.749.4700; Fax: 613.749.4703).… more »
David S. Jarrett was recently appointed as the Legislative Liaison for the Executive Committee of the Marine Insurance Association of British Columbia (“MIABC”) for the 2014 – 2015 term. As Legislative Liaison, David’s duties include keeping the MIABC’s Executive Committee updated on any legislative changes or court decisions that may affect its membership. The MIABC is a non-profit organization whose… more »
In the case of Zajaczkowski v. Grauer et al, recently decided on April 25, 2014, the Plaintiff sought damages of between $1.2 million and $4.4 million arising from a motor vehicle accident. Tom Hawkins and Megan Nicholls defended the claim on behalf of the Defendant driver in this short fuse trial. After hearing evidence over two weeks of trial and… more »
We are pleased to announce that Megan Nicholls joined the firm effective January 6, 2014 as an associate. Megan recently moved to Vancouver after having clerked with at the Ontario Superior Court of Justice and having practice commercial litigation and insurance defence with a well known Hamilton firm. Megan is qualified to practice in both Ontario and B.C. and brings… more »
We are proud to announce that 4 of the firm’s lawyers have been named in the Canada 2013 edition of Who’s Who Legal. Nominees are selected by Who’s Who Legal based upon comprehensive, independent survey work with both general counsel and lawyers in private practice worldwide. According to their requirements only lawyers “…. who have met independent international research criteria… more »
Partner, Peter Swanson, is honoured to have been elected a member of the Institute of Chartered Shipbrokers (“ICS”) at their recent Controlling Council meetings held in Vancouver. Mr. Swanson is one of only two Canadians ever elected under the special provision of Bye Law 50 which provides: 50. Dispensation from examination or dissertation may be granted by the Controlling … more »
We are pleased to announce that Bernard LLP lawyers Paul D. Mooney and David S. Jarrett have been appointed as the Vice-Chair and the Treasurer, respectively, of the Canadian Bar Association’s Maritime Law Section (BC Branch) for two year terms. Mr. Mooney was previously the Secretary of the Subsection. Both Mr. Mooney and Mr. Jarrett practice in the field of… more »
Bernard LLP lawyers W. Gary Wharton and David S. Jarrett were successful in having the appeal from the trial judgement found at Grieg Shipping A/S v. Dubai Fortune (Ship), 2012 FC 110 (CanLII) dismissed. The litigation arose following a collision between the tug Tiger Shark 2 and the Plaintiff’s vessel following the Tiger Shark 2’s departure from assisting the… more »
Bernard & Partners, a general partnership of law corporations, is pleased to announce that effective May 1, 2013 the firm will transition from a general partnership to a limited liability partnership with the new name Bernard LLP. The transition from a general partnership to a limited liability partnership is done in accordance with the Partnership Act of British Columbia.… more »
We are pleased to announce that Bernard LLP lawyer Peter Swanson has been appointed a director of the Chamber of Shipping of British Columbia. The Chamber of Shipping is a not-for-profit industry association that was incorporated in 1923 with the objectives of representing the interests of international ship owners through their local agency. Today the Chamber of Shipping continues… more »
Joan Rush has retired from the practice of law March 31, 2013. Joan was invaluable to our firm, assisting our client insurance underwriters, P&I clubs and brokers in regard to OSFI, FICOM and various other Canadian regulatory and compliance matters. Moreover, Joan continues to make an exceptional contribution to the community in her volunteer endeavours for charitable organizations in healthcare,… more »
On March 13, 2013, the Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities, announced the appointment of Mr. Peter Bernard, Q.C. to the board of the Pacific Pilotage Authority and to the position of Vice Chair for a term of three years. Minister Lebel is quoted as saying the following: “I am delighted that Mr. Bernard has accepted… more »
The Partners of the firm are very pleased to announce that Catherine Hofmann has joined the partnership at Bernard LLP, effective January 1, 2013. Catherine has been with the firm since 2009 and practices with our Business Law, Admiralty and Maritime and Environmental groups. Catherine has provided exceptional service to the firm’s commercial clients and we are delighted she… more »
Mark, his wife, and his new daughter have decided to move to Courtenay on Vancouver Island. Mark will be commencing practice with the firm Bush & Company in Courtenay in the very near future. We wish Mark all the best in his new practice.… more »
Bernard LLP lawyers W. Gary Wharton , Neo J. Tuytel and Paul D. Mooney have successfully appealed a judgment for the loss of inventory, estimated at more than $16,000,000, when a warehouse in New Westminster was destroyed by fire. The appeal decision is available at Kruger Products Limited v. First Choice Logistics Inc., 2013 BCCA 3 (CanLII). A primary… more »
On November 26, 2009 Transport Canada issued a Notice of Violation to a cruise ship for violations under the Canada Shipping Act, 2001 regarding the alleged discharge of a pollutant, failing to make entries in the oil record book, and obstructing inspectors. The administrative penalties assessed for the alleged violations exceeded $45,000. David K. Jones of Bernard LLP represented the… more »
Tom Hawkins recently completed a 17 day sail across the Tasman Sea as crew aboard the well known 46’ boat “Mahina Tiare III”. The 1,500 mile passage across one of the more challenging Seas in the world from Brisbane to Auckland NZ included winds to 46 knots and was reportedly sailing at its best.… more »
Retired lawyer Peter G. Bernard, Q.C. received the Maritime Museum of B.C. SS Beaver Medal for Maritime Excellence along with fellow recipients, Robert G. Allan, a noted Naval Architect and Dennis Washington, owner of the Washington Marine Group at an award Ceremony held at the Royal Vancouver Yacht Club on November 20, 2012. The SS Beaver Medal recognizes Mr.… more »
We are pleased to announce that James Vander Woude joined the firm on September 17, 2012 as an associate. James recently returned to Vancouver after having studied law at the University of New Brunswick, and then articling and practising law in Saint John, New Brunswick. James will be working with senior counsel in our litigation, insurance and personal injury… more »
Retired lawyer Peter G. Bernard, Q.C. will receive the Maritime Museum of B.C. SS Beaver Medal for Maritime Excellence. The SS Beaver Medal for Maritime Excellence recognizes Mr. Bernard’s outstanding contributions to the British Columbia oceans sector in the field of maritime law. This is a new award being instituted by the Maritime Museum of BC to acknowledge… more »
Bernard LLP is proud to be a Gold Sponsor of the Canadian Life and Health Insurance Association (CLHIA) 2012 Legal Section Annual Meeting entitled: “Insurance Law: The Modern Era“. The Annual Meeting is being held from September 19 – 21, 2012 at the Hotel Sofitel in Montreal, Quebec.… more »
Joan Rush, Associate Counsel with Bernard LLP, was awarded a Law Foundation grant in April 2012 to study the issue of access to dental care for BC adults with developmental disabilities. Joan, and two UBC Law students working under her direction, will research the scope of Government’s obligation to ensure timely access to necessary dental treatment for this vulnerable… more »
As of June 15, 2012 Peter Bernard, Q.C. has retired from the practice of law. Nonetheless, Peter will continue to sit as a member of the Transportation Appeal Tribunal of Canada and is available to serve as an arbitrator or mediator. We wish Peter all the best in his retirement.… more »
Peter Swanson was chair of the Host Committee of the recently held 18th International Congress of Maritime Arbitrators in Vancouver from May 13-18, 2012. The very successful Congress was attended by lawyers, arbitrators and other industry professionals from around the world. The next Congress will be held in Shanghai in 2015.… more »
Tom Hawkins recently chaired the very successful Canadian Maritime Law Association legal education seminar on May 12, 2012, which was held in conjunction with the Association’s annual general meeting. The topics covered ranged from shipping in the Arctic, to green house gas emissions, to general maritime law developments.… more »
Tom Beasley, Associate Counsel with Bernard LLP, is co-counsel for the Learning Disabilities Association of Canada, which is an intervenor in the appeal to the Supreme Court of Canada of Moore v BC (Ministry of Education), 2010 BCHRT 478. The Appeal, which is to be heard on March 22, 2012, concerns whether the School District of North… more »
On November 26, 2009 Transport Canada issued a Notice of Violation to a cruise ship for violations under the Canada Shipping Act, 2001 regarding the alleged discharge of a pollutant, failing to make entries in the oil record book, and obstructing inspectors. The administrative penalties assessed for the alleged violations exceeded $45,000. David K. Jones of Bernard LLP represented the… more »
Bernard LLP lawyer W. Gary Wharton successfully represented a vessel owner in a recent case before the Transportation Appeal Tribunal of Canada (TATC). Under the Canada Shipping Act 2001, the owner of a pleasure vessel can charter its vessel on a bareboat basis without compromising the vessel’s status as a pleasure vessel. If the vessel is not a pleasure… more »
Bernard LLP is proud to be the first Gold Sponsor of the upcoming International Congress of Maritime Arbitrators (ICMA 2012) scheduled for May 13-18, 2012 in Vancouver, B.C. ICMA 2012 will provide arbitrators, national maritime associations, marine insurers, ship owners, charterers, cargo interests and the legal community from around the world with the opportunity to exchange views and… more »
We are pleased to announce that Tom Beasley joined the firm on January 1, 2012 as associate counsel. Tom brings a unique set of skills, and his considerable experience, to Bernard LLP expanding and enhancing our employment, human rights and litigation practices. Tom can be reached at 604-661-0617 or by e-mail at beasley@bernardllp.ca.… more »
Gary Wharton was elected Commodore of the West Vancouver Yacht Club effective November 30, 2011, having previously served as Vice Commodore and Honorary Solicitor.… more »
Four lawyers at Bernard LLP were recognized in the latest Canadian Shipping & Maritime report from Who’s Who Legal. “Bernard LLP increases its presence to four lawyers in this edition. Founding partner Peter Bernard QC is one of the most highly nominated lawyers in our research, and was described as “one of the finest lawyers on the West Coast”.… more »
Bernard LLP lawyer Peter Swanson, along with David Hill of Compass Marine Vancouver, presented to the Canadian Wheat Board on the bills of lading and related carriage of goods issues. Mr. Swanson practices extensively in the field of maritime & admiralty, health law, litigation, and occupational health and safety, and appears regularly before courts and other tribunals. He has… more »
Peter Bernard, Q.C. was appointed today as a member of the Transportation Appeal Tribunal of Canada, alongside Dr. Roy Montgomery of Tyne Valley, Prince Edward Island. The Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities was “pleased that Mr. Bernard and Dr. Montgomery have agreed to serve on the TATC‘s board,” and that “Mr. Bernard’s legal and… more »
Tom Beasley gave a presentation to the Archaeology Department at SFU on January 19, 2023 entitled the History, Evolution and Future of Underwater Archaeology in Canada. The SFU presentation was in part to start a discussion at SFU and beyond, on the creation of: a graduate program in maritime archaeology at SFU; and a Canadian Institute on Maritime Archaeology, virtual… more »
Bernard LLP is named by The Globe and Mail’s Report on Business Magazine in its second annual list of “Canada’s Best Law Firms” in the field of transportation law. This achievement distinguishes Bernard LLP as one of 15 firms recognized nationally, and the only transportation law boutique firm to be recognized in Vancouver. The selection of Bernard LLP was based… more »
Bernard LLP lawyer, Tom Beasley who is also the Chair of the BCLI Employment Standards Act Reform Project Committee, was interviewed on CBC Radio One on 13 October 2017. You can listen to the interview with Rick Cluff of The Early Edition below. (The segment starts at 2:11:32) … more »
Best Lawyers Canada has recently released the results of their upcoming 2018 peer review assessments. Bernard LLP lawyers have again been highly rated, including David Jones being recognized as 2018 Vancouver Maritime Law “Lawyer of the Year”. Gary Wharton, Peter Swanson and Tom Hawkins have also been recognized by Best Lawyers Canada for their work in the field… more »
Who’s Who Legal has identified Gary Wharton, Peter Swanson, and David Jones for inclusion in its 2016 publication as leaders in the field of shipping and maritime law. Bernard LLP has the highest number of Who’s Who ranked maritime lawyers on Canada’s west coast and the second highest number in all of Canada. Gary Wharton is identified as… more »
Bernard LLP is delighted to again be recognized by Chambers & Partners as a leading Canadian maritime law firm. The guide notes Bernard LLP is a “… [d]istinguished Vancouver firm widely recognised for the breadth and depth of its experience of commercial marine transactions and litigation … and that it “….[a]cts for a number of the International Group of P&I… more »
Bernard LLP is proud to announce that four lawyers (Gary Wharton, Peter Swanson, Tom Hawkins and David Jones) have been peer selected for inclusion in the 11th edition of The Best Lawyers in Canada (2017 ed.) in the field of Maritime Law. Gary, Peter, Tom and David have all been included in previous editions… more »
Peter Swanson was interviewed and quoted by the Canadian Broadcasting Corporation in their news item entitled “Challenges abound in retrieving NTCL barge adrift near Russia” posted on March 13, 2015. Peter was asked about salvage rights that might exist for safe retrieval of a barge by a salvor. The posting can be found at: http://www.cbc.ca/news/canada/north/challenges-abound-in-retrieving-ntcl-barge-adrift-near-russia-1.2993717. … more »
Bernard LLP is recognized as a “Band 1” law firm in relation to shipping in Canada by Chambers & Partners in their 2014 global guide to lawyers. The guide has the following to say: What the team is known for A prominent Vancouver-based firm with a strong focus on admiralty and maritime matters throughout the West Coast. Notable expertise in… more »
Bernard LLP lawyer W. Gary Wharton is quoted in the article “Choppy Legal Water Ahead” published in the March 2, 2012 edition of The Lawyers Weekly, Canada’s leading weekly legal publication. He was interviewed by donalee Moulton and expresses his views on the responsibility of ship’s masters following the Costa Corcordia grounding off Giglio Island, Italy on January… more »
Bernard LLP partner David Jarrett recently presented to the Chamber of Shipping of British Columbia’s “Business of Shipping” conference in Vancouver. David’s presentation focused on maritime law principles and the implications of disruptions.… more »
Catherine Hofmann shared her insights on legal and policy issues surrounding Ship Recycling in British Columbia as a speaker on the panel on sustainability and compliance at the 25th Council of Marine Carrier Conference in Victoria, BC in May 2024. … more »
Peter Swanson recently spoke at a lunch seminar hosted by the Vancouver Maritime Arbitrators Association on the subject of Waybills vs. Bills of Lading, including the recent Federal Court case involving the Ship “BF LETICIA”. The presentation focused on the historical requirements and features of a bill of lading, as distinct from a waybill. Peter discussed the importance of that… more »
On April 15, 2023, Tom Beasley chaired the Indigenous Maritime Archaeology Conference (IMAC), at the Joe Mathias Centre on the Squamish First Nation in North Vancouver. This was the first Conference in North America devoted solely to indigenous maritime archaeology topics. The Conference featured 12 speakers on maritime archaeology in the Pacific Northwest and Ontario, environmental change over time and… more »
Tom Beasley gave a presentation to the Archaeology Department at SFU on January 19, 2023 entitled the History, Evolution and Future of Underwater Archaeology in Canada. The SFU presentation was in part to start a discussion at SFU and beyond, on the creation of: a graduate program in maritime archaeology at SFU; and a Canadian Institute on Maritime Archaeology, virtual… more »
Tom Hawkins recently participated on a panel at the Canadian Board of Marine Underwriters Fall Conference 2022. The panel discussion considered issues on the changing environment of P&I claims, in particular the concerns for brokers and underwriters in placing appropriate coverage related to the Wrecked, Abandoned or Hazardous Vessels Act, and the likelihood of increasing claims costs going forward. As… more »
On November 3, Tom Beasley presented a paper Administrative Delay: Blencoe 25 years later – Systemic Delays and Recommendations for Change, to the Continuing Legal Education Society of BC’s (CLE) Human Rights Conference. Tom was co-counsel for the BC Human Rights Commission at the Supreme Court of Canada in Blencoe, where the SCC narrowly allowed a human… more »
Peter Swanson recently spoke at the 2022 Insolvency Institute of Canada conference held in Kelowna, B.C. from September 8-11. Peter was on a four person panel entitled: “The Intertidal Zone of Insolvency – Where the CCAA meets Admiralty Law.” Peter was the sole maritime lawyer in a sea of insolvency professionals and provided some background regarding the arrest and… more »
Peter Swanson recently spoke at an on-line seminar hosted jointly by the China International Economic and Trade Arbitration Commission (CEITAC), the Vancouver Maritime Arbitrators Association (VMAA) and the CIETAC North America Arbitration Center entitled “The Enforcement of Arbitration Agreements and the Impact of Sanctions on International Arbitration.” Peter spoke on the question of enforcement of agreements to arbitration under Canadian… more »
Jason Hicks recently presented at the Nautical Institute’s Maritime Arctic conference, held in Victoria, British Columbia on May 12 – 13, 2022. Entitled “Of Russians, Rocks and Rescues: Some Legal and Public Policy Considerations on Canadian Arctic Maritime Transportation”, Jason’s presentation applied legal perspectives to several current topics and was well received by the conference attendees. … more »
Peter recently presented on the topics of “institutional versus ad hoc arbitration” and the “impact of arbitration clauses found in transport documents” at the 2021 China High-Level Dialogue on Maritime and Commercial Arbitration hosted by the China Maritime Arbitration Commission (“CMAC”) in Beijing on July 16, 2021. With Covid 19 restrictions travel was not a real option, so a number… more »
On November 19, 2018, David Jarrett was a speaker at a seminar organized by Boating BC’s Marina Sector at the Pacific Gateway Hotel in Richmond. The seminar was well attended by marina owners and operators from throughout British Columbia. David presented on marina risk management planning, the importance of moorage agreements and collections and enforcement, including vessel arrest. David also… more »
Peter Swanson was one of the key speakers at the recent Canadian Maritime Law Association west coast open meeting conducted in Vancouver in the context of the society’s annual general meeting. Peter’s presentation was an update on oil spill related legal issues and included a review of the following: powers of inspection and investigation and the important distinction between the… more »
On October 14, 2017, Tom Beasley was a panelist at a conference organized by the SFU Labour Studies Program at the Wosk Centre for Dialogue, in Vancouver. Tom responded to a keynote address by Michael Mitchell one of the Special Advisors to the Changing Workplaces Review commissioned by the Ontario government, and gave an update on the BC Law Institute’s … more »
Bernard LLP’s Peter Swanson gave presentations at the recent Maritime Arbitration Seminars held in Shanghai and Beijing, China on September 23 and 27 respectively. The seminars were co-hosted by the China Maritime Arbitration Commission and the Vancouver Maritime Arbitrators Association (VMAA). Peter was one of four speakers from the VMAA involved in the seminars, the others being Mr. Dennis… more »
Tom Beasley has been appointed as Chair of the Advisory Committee for the BC Law Institute’s study on the Employment Standards Act (ESA). BCLI conducts scholarly research and analysis for law reform on specific areas. The ESA Project is funded in part by the Law Foundation of BC. The BCLI research is conducted by BCLI staff who get… more »
Bernard LLP lawyer Tom Beasley and Dr. David Worling, a Registered Psychologist and BC’s leading Asperger’s psychologist, are co-presenting a paper on May 8, 2015 at the Employment Law CLE on “Supporting Employees with an Autism Spectrum Disorder (ASD)”, which will review: clinical characteristics associated with ASD along with the unique set of employment characteristics that can impact workplace… more »
Bernard LLP lawyer Tom Beasley and Dr. Jennifer Newman, a workplace registered psychologist who has a weekly presentation on CBC Radio, will present a seminar on “Creating a Psychologically Healthy and Safe Workplace” on March 20, 2015 to a group of Chief Executive Officers at their annual retreat in Baja, Mexico.… more »
Bernard LLP’s Thomas S. Hawkins and David S. Jarrett gave a presentation to the Marine Insurance Association of British Columbia’s Market Committee on November 18, 2014. The presentation was entitled Cross-Border Pollution – Pacific Focus and dealt with ship-source pollution issues in both Canada and the United States as well as a comparison of the two jurisdictions’ compensation regimes.… more »
Bernard LLP partner Peter Swanson recently presented a talk to the BC Urological Society at their meeting in Vancouver on October 4, 2014. Peter’s talk was entitled “MSC Audits: The Physician’s Burden” and addressed a number of key issues in the audit process including what to do when the auditor calls, understanding the basic audit framework, recognizing the importance of… more »
At the annual meeting of the Canadian Transport Lawyers Association in Halifax, held September 24-27,2014, Bernard LLP partner Gary Wharton presented a paper on a panel dealing with Transportation Safety in the Age of Energy Security covering Canadian Developments in the Transportation of Oil by Sea. The presentation dealt with technical advances in the transportation of oil at sea, the… more »
As a member of the Chamber of Shipping of British Columbia’s “Business of Shipping” presentation team, Bernard LLP partner Peter Swanson was in action in Calgary on October 21 at the invitation of the Canadian Association of Petroleum Producers (CAPP). Peter along with Stephen Pyne, Christian Waldegrave, Paul Hexter, Daryl Raibl, Kevin Obermeyer and Stephen Brown provided eight hours… more »
Bernard LLP is proud to be a gold sponsor of the upcoming Legal Section Annual Meeting of the Canadian Life and Health Insurance Association, a non-profit association with member companies accounting for 99% of Canada’s life and health insurance business. The annual meeting is entitled “New Legal Frontiers” and will be held in Kananaskis, Alberta on October 2 –… more »
Peter Swanson participated as a speaker on the water law panel at the 2013 Environmental, Energy and Resources Law Summit entitled “Natural Resource and Energy Legal Developments North and South of 60.” The summit was held in Yellowknife, the capital of the Northwest Territories, during the summer solstice. Peter’s presentation focused on the regulation of ship-source pollution in Canada including… more »
Tom Hawkins has been asked to participate as speaker on a maritime panel to discuss cross-border issues between the United States and Canada at the 84th Annual meeting of the US Association of Transportation Law Professionals (ATLP) in Atlantic Beach, Florida. The conference takes place during the week of June 22, 2013. The ATLP is an American organization consisting… more »
Bernard LLP is pleased to be offering a seminar entitled “Bullying, Harassment and Mental Stress Claims: Are You Prepared?” in September. This 90-minute session will explain the new mental stress claims provisions of the Workers Compensation Act and the new regulations concerning workplace bullying and harassment. Attendees will learn: what has changed how to mitigate the impact of… more »
Bernard LLP lawyer Tom Beasley is a speaker at Insight’s upcoming Employee Terminations Conference, being held at the Four Seasons Hotel in Vancouver on June 18 and 19th, 2012. Tom will be speaking on termination issues related to fixed term contracts. He will also be talking on emerging issues related to dependent contractors and the determination whether someone is… more »
February 21st, 2012 will see the roll out of a revamped Business of Shipping course with a day of focus on aspects of Shipping Law (morning) and Chartering (afternoon). Bernard LLP lawyer Peter Swanson will present a a session on Bills of Lading and Letters of Indemnity. The afternoon session will address the structure of chartering in the bulk, tanker… more »
David Jones will co-present a session on Workplace Safety: Conflicting Obligations – The Push and Pull of Reporting at the upcoming 7th Annual Western Canada Labour Relations conference, held January 24-25, 2012. The session will be presented with Stephen Hunt of United Steelworkers District 3, and focus on WCB reporting, rights and responsibilities of employers and workers, due diligence, and… more »
Peter Swanson and David K. Jones will present a seminar on Advanced Marine Liability Coverage and Claims, through the Insurance Brokers Association of BC. The seminar will take place on February 14, 2012 and cover marine insurance coverage, bodily injury claims in a marine context, arrest of ships and maritime liens, as well as ship source pollution. For more… more »
Bernard LLP lawyer David K. Jones spoke as a panel member at a session entitled “Meeting Health and Safety Due Diligence Standards: Succeeding In Court and In Preventing Regulatory and Criminal Charges” at the annual conference of the Canadian Association of Counsel to Employers in Niagara Falls, Ontario. Mr. Jones practices in the area of civil and commercial litigation with… more »
On November 3, Tom Beasley presented a paper Administrative Delay: Blencoe 25 years later – Systemic Delays and Recommendations for Change, to the Continuing Legal Education Society of BC’s (CLE) Human Rights Conference. Tom was co-counsel for the BC Human Rights Commission at the Supreme Court of Canada in Blencoe, where the SCC narrowly allowed a human… more »
We are pleased to advise that Tom Hawkins has been published in the Journal of Transportation Law, Logistics and Policy in the 4th Quarter of 2013. Mr. Hawkins’ journal article is a topical one in both countries and is titled Cross-Border Oil Pollution – Pacific Focus. The Journal is published quarterly by the US Association of Transportation Law Professionals… more »
Bernard LLP lawyers Tom Hawkins, Catherine Hofmann and Paul Mooney recently authored the 2012 update on Canadian Maritime Law — Select Issues for Kluwer Law International, publishers of The Maritime Law Handbook.… more »
