Publications

Bernard LLP’s lawyers frequently write papers and articles on topical issues. Some recent papers are available below:

Case Comment – The Ever Given: A Reminder to Ensure Intention in Contract Formation

Author: Robert B. Anderson

The Commercial Liens Act (BC) replaces the Tugboat Worker Lien Act (BC)

Author: Jeffrey Wu

Ship Recycling and the Need for Legislative Change

Author: Catherine A. Hofmann

Violent Acts Against Whaling Ships to Protect Whales: Piracy?

The Polar Code – Ship Safety and Environmental Protection in Arctic and Antarctic Waters

The Burns Lake Sawmill Fire – Lessons for the Shipping Industry

Maritime Lien for Maritime Necessaries Suppliers

Proposed Amendments to the Oceans Act Focus on Environmental Protection and Enforcement

Allocation of Risk in Tug and Tow – Contractual Insurance and Indemnity Clauses

The New Select Luxury Items Tax Act

Author: Catherine A. Hofmann

Cross-Border Oil Pollution – Pacific Focus

Author: Thomas S. Hawkins

Breach of “Safe Port” Warranty

Author: Thomas S. Hawkins

Marine Services International Ltd. v. Ryan Estate: Supreme Court of Canada Upholds Workplace Litigation Bar

Author: Peter Swanson

Maritime Lien for Services Provided to Ship Under Construction Denied

Author: Thomas S. Hawkins

The Marine Liability Act: A Five Year Review

Author: Peter Swanson

Update on Workers Compensation Developments

Author: Lorna A. Pawluk, K.C.

Watering Down the Power to Regulate “Navigation and Shipping”

Author: Peter Swanson

Ship Source Pollution: The Due Diligence Defence

Author: Peter Swanson

The Arrest of Cargo

Author: Peter Swanson

Some Current Issues for Agents in Relation to Stowaways and Deserters: The Immigration and Refugee Protection Act and Regulations

Author: Peter Swanson

Mitigation, Rehabilitation and Doctors’ Input Into Future Care Costs and Life Care Plans

The Return to Provincial Sales Tax in British Columbia

Author: Catherine A. Hofmann

Some Issues respecting Stowaways and Deserters: The Immigration and Refugee Protection Act and Regulations

Author: Peter Swanson

Director and Officer Risk Issues and Risk Management

Author: Lorna A. Pawluk, K.C., David K. Jones

The Scope of Federal Power and the Determination of What Matters Fall Under “Navigation and Shipping”

R. v. Atlantic Towing Ltd. – A Prosecution for Jeopardizing the Safety of a Vessel

Due Diligence in Occupational Health and Safety

Limitation of Liability in Maritime Claims: The Unbreakable Limit is Broken

Author: David S. Jarrett

Court Says “No” to Carbon Tax

Author: Thomas S. Hawkins

Canadian Coasting Trade

Author: Thomas S. Hawkins

Marine Insurance: Third Party Claims Against a Policy

Warranties in Marine Insurance Policies

Jurisdiction Clauses and Who Is the Carrier: Part II

Liability For Consequences Of Unlawful Arrest: Part II

Adverse Inference: Consequences of the Failure to Call Treating and Independent Medical Experts

Foreign Arbitration Awards – The Problem with the Mechanistic Approach to Enforcement

Author: Thomas S. Hawkins

Terrorism – Concerns Over Port Security

Author: Thomas S. Hawkins

Pay to be Paid: Wording in Marine Insurance Policies

Author: Thomas S. Hawkins

Once is Not Enough: Shipper Required to Pay Freight Twice says Canadian Court

Author: Thomas S. Hawkins

Is Motor Carrier Protected Under the Ocean Bill of Lading

Author: Thomas S. Hawkins

Who Pays The Freight

Author: Thomas S. Hawkins

Case Comment: Jindal Iron & Steel Co. Ltd. c. Jordan Inc.

Author: Peter Swanson

The Enforcement of Arbitration Awards in Canada

Author: Peter Swanson

Arbitration Clauses: What Law Governs and Who Decides

Author: Peter Swanson

The New Marine Liability Act

Author: Peter Swanson

Noting Exceptions in Shipping Documents

Maritime Law Reform

All Talk and No Action: Access to Canadian Markets Under the General Agreement on Trade in Services