WILLIAM M. SHARPE

Barrister & Solicitor

Suite 307,  40 Wynford  Drive
Toronto, Ontario, M3C  1J5
Canada

 
Telephone (416) 482-5321
Facsimile (416) 322-2083
email: mailto:wmsharpe@shippinglaw.ca

Toronto Port Authority
Heavy
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News

The Canada Shipping Act, 2001
now has been enacted

Transport Canada Shipping Act Reform

.. While the statute continues some substantive maritime law rules, such as rights of masters and seafarers to claim liens for unpaid wages, and rights of salvage, the new statute is essentially a framework for operational regulation. Its features include:

  • Simplification of statute, from British 1894 Merchant Shipping Act detailed rules, to general authority for regulatory system
  • Authority to incorporate outside standards and guidelines by reference in regulations
  • Power of delegation of monitoring and inspection functions to ship operators, classification societies and others
  • Authorized Representative of shipowner , including crewing agents, focus of regulatory responsibility
  • Issuance and suspension of both crew certificates and ship safety certificates governed by similar regulatory rules as Canadian Maritime Documents
  • Recently enacted flexibility for ownership of Canadian flag vessels, including foreign corporations with appointed Canadian ship manager, and financing bareboat charters and bareboat charter registry, continued .
  • Increased powers for Vessel Traffic Service Officers to direct ships
  • Deregulation of ship's crewing
  • New enforcement tools
  • Authority for protection for heritage wreck


Marine Museum
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Independent Practice since 1990
Maritime and Transportation Law

Paterson, MacDougall, Barristers and Solicitors
Toronto 1982 - 1990

Member, Law Society of Upper Canada - 1982
Member, Law Society of British Columbia - 1992

Representation and Dispute Resolution

  • Successfully opposed terminal operator jurisdiction challenge motion, leading to settlement of cargo interests' claim for dropped cargo 2006

  • Counsel for  Senate of Canada Standing  Committee on Energy Natural  Resources and the Environment  in review of marine environmental legislation  Bill C-15, 2005 (Debate)

  • Successfully asserted limitation defence on behalf of ocean carrier and ship's agent at summary motion and on appeal 2003
  • Achieved at  trial recovery of commission for yacht broker against seller who sold to nominee of  previously introduced customer 2001

  • Co-counsel for successful parties in maritime and constitutional law case before Supreme Court of Canada Ordon Estate v. Grail , 1998
  • Appointed sole arbitrator in demise charterparty dispute 1992
  • Arbitrating member, Vancouver Maritime Arbitrators Association 1993 -
  • Admiralty counsel in London arbitrations involving VLCC cargo shortage, general average and insurance coverage claims 1989 - 91
  • Recovered collision damages judgment for floating restaurant owner from government ferry operator as junior counsel after five week trial 1984
  • Achieved settlement of 14 million dollar ship repair fire damage claim as junior counsel on behalf of shipyard employees' insurers during second week of trial 1988
  • Admiralty counsel to secured creditor in transfer and financing of oil tanker fleet 1983

Shipping Operations  

  • Chose successfully between two experts' directly conflicting recommendations when advising master faced with shipboard fire 1985
  • Negotiated and drafted ship repair contract permitting shipowner to settle materials cost changes 1987
  • Drafted international bulk commodity supply and transport tender proposals 1989

Policy Development  

  • Contributed as part of consultancy to study for Nunavut Government on Open Market System for Annual Sealift, 2009
  • Participated in Ontario Marine Summit, including contributing to Study on Marine Transportation in Ontario, 2006
  • Evaluated Arctic Resupply Programme for Government of Nunavut as part of consultancy group, 2005
  • Completed, as part of consultancy group, study and recommendations for compulsory insurance of passenger liabilities of commercial passenger vessel operators for Transport Canada, 2002
  • Retained by Transport Canada to assist in development of marine liability legislation. 1999
  • Worked with Canadian Maritime Law Association Offshore Committee to prepare draft  International Convention on Offshore Units Artificial Islands and Related Structures Used in the Exploration for and Exploitation of Petroleum and Seabed Mineral Resources, for Comité Maritime International. 1994- 2001
  • Worked with Canadian Maritime Law Association in developing submissions on Federal Court Rules, 1998,revision of Canada Shipping Act and Marine Liability Act. 1995-
  • Associate Counsel, National Transportation Accident Investigation and Safety Board Act Review Commission 1993 - 4
  • Worked with legal staff of National Transportation Act Review Commission 1992 - 3
  • Prepared Canadian Maritime Law Association submission to Special Joint Parliamentary Committee on the Canadian Constitution 1992
  • Contributed to Canadian Bar Association submission to Tanker Safety Panel 1989
  • Represented industry and user groups on Department of Transport working group developing proposals for amending Canada Shipping Act limitation of liability now enacted 1988 - 89
  • Presented public and written submissions to Deschênes inquiry on marine accident investigation 1984
  • Participated in developing CMLA Federal Court Act and rules amendment proposals 1982 -1998
  • Law Society of Upper Canada Bar Admission Course Advisory Committee 1982 - 1984

Education 

Awards and Appointments  

  • Member, International Marine Insolvency Working Group, Comite Maritime International, 2010
  • Elected Titulary Member, Comite Maritime International 1999
  • Canadian Bar Association - Ontario Service Award 1988
  • MacDonald Prize, Public International Law 1979
  • Buckland Memorial Scholarship in History 1977

Papers and Articles

  • CARRIAGE OUTSIDE THE HAGUE-VISBY RULES  Droit Maritime/Maritime Law National Judicial Institute Ottawa  April 2011
  • THE CASE FOR GENERAL AVERAGE Association of Average Adjusters of Canada     Toronto  2004
  • INTERNATIONAL CARRIAGE OF GOODS  Guest Lecturer Osgoode Hall Law School  International Trade  and Competition Law LLM Program October 2003
  • COMMERCIAL OPPORTUNITIES IN THE NEW SHIP REGISTRY SYSTEM and other Policy Initiatives Maritime Conference Company of Master Mariners Toronto January 2002
  • RECENT LEGAL DEVELOPMENTS AFFECTING SHIP FINANCE Strategies for Canadian Shipping: Forging the New Paradigm October 2000
  • INSOLVENCY AND ADMIRALTY PROBLEMS FOR PRACTITIONERS AND JUDGES AND SOME SOLUTIONS Seminar with Judges of the Federal Court of Canada; April 2000
  • THE ELASTIC SEABOOT:How Far Can An Arbitrator Stretch Canadian Maritime Law? Association of Maritime Arbitrators of Canada Annual Meeting June 2000
  • Organized and chaired CMLA Open Meeting, Toronto RULING THE NEW RULES A Proposal for a Canadian Marine Claims Management Agreement May 1998
  • Piracy and Maritime Theft and Fraud - Protecting Your Client, (1997) 2 Canadian International Lawyer 132 1997
  • Chemical Pollution in the Great Lakes: International Aspects Canadian Bar Association Annual Meeting Toronto. August 1994
  • Priorities in Admiralty Law Canadian Maritime Law Association Seminar with Judges of the Federal Court of Canada and Members of the Admiralty Bar March 1993 
  • Canadian Recognition of Foreign Maritime Claims and Defences Tenth International Congress of Maritime Arbitrators, Vancouver September 1991
  • Recent Constitutional Developments Affecting Maritime Law CMLA annual meeting 1982 - 1994
  • Canadian Maritime Law: More than the Common Law?CMLA Open Meeting January 1990
  • Organized and chaired Canadian Bar Association - Ontario seminar CARGO TRANSPORTATION and presented paper Marine Cargo Insurance: Peculiarities of Particular Average May 1987
  • Buying and Selling Boats: What Every Boat Owner Should Know CBA Ontario Continuing Legal Education Institute February 1985

Professional Development

Regularly attended continuing legal education programs in maritime and related areas of law and commerce, including:

  • Risk Management in Shipping Conference London 2011
  • 1994 Sydney NSW, 1997 Antwerp and 2004 Vancouver conferences and 2010   Buenos Aires colloquium of Comite Maritime International
  • Arctic Shipping Conference Montreal 2008
  • Federal Court and Federal Court of Appeal  Education Seminar: Maritime Law  National Judicial Institute Ottawa 2004
  • Dialogue on Maritime  Security, Shipping Federation of Canada, Montreal 2002
  • Marine Community Readiness for the Year 2000, Ottawa 1999
  • The ISM Code: Implementation in Practice, BIMCO, Copenhagen 1996
  • Shipshape - Ship Management for the 21st Century, Sydney NSW 1994
  • CMA Conference - The Risks and Rewards of Quality Shipping, Stamford CT 1994
  • Department of Justice and SOPF Admiralty Seminar, Ottawa 1993
  • Canada's Environmental Laws 1990
  • Fifth, Sixth, Seventh and Eighth National Marine Conferences 1987, 1990, 1994, 2002
  • New Directions in Maritime Law, Halifax 1984, 1989, 1995
  • Third and Fourth International Conferences on Maritime Law, Vancouver 1986, 1994
  • Osgoode Hall Law School Intensive Trial Advocacy Program 1985

Associations 

Community and Personal  

Mooredale Sailing Club

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