WILLIAM M. SHARPE

Barrister & Solicitor

Suite 307,  40 Wynford  Drive
Box 465, Sta. 'R' Toronto, Ontario, M3C  1J5
Canada
Telephone (416) 482-5321
Facsimile (416) 322-2083
email: mailto:wmsharpe@arvotek.net

Toronto Port Authority
Heavy Lift Ship Image


News

Transport Canada has Released

MARITIME LAW REFORM DISCUSSION PAPER

Recommendations
  • Formally ratify 1976 LLMC Convention (already implemented by Marine Liability Act)
  • Ratify the IOPC 2003 Supplementary Protocol
  • Ratify and Implement the 2001 Bunker Convention
  • Implement and ratify the  1996 HNS Convention
  • Compulsory insurance of  commercial passenger vessels
  • Exemption of adventure tourism craft from domestic application of Athens Convention
  • Consideration of granting maritime lien for ship suppliers' claims
  • Technical amendment to sister ship arrest
  • Reform of outdated common law rules applying to maritime obligations
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Transport Canada has announced policy on 
Regulating Passenger Ship Insurance

Under Marine Liability Act (Part 4 Section 39)

  • Only insurance for Athens Convention passenger liability and vehicle and baggage risks will be compulsory - there will be no regulatory need to obtain liability insurance for other risks such as crew injury, wreck removal or third party property damage.
  • No additional insurance proposed if all non-crew members aboard already covered as employees under provincial workers' compensation
  • Obtaining insurance on usual commercial terms (for example, under P&I Club Rules) will suffice
  • Canadian Flag Passenger Vessels
    • Operators of passenger vessels over 15 GRT will need compulsory passenger liability insurance for full Athens Convention limits
    • in the case of fleet insurance only the carrying capacity of the biggest vessel will be used to  set required insurance limits
    • craft of less than 15 GRT carrying fewer than 12 passengers proposed to need insurance of $1 million per craft,
    • craft of  less than 15 GRT carrying more than 12 passengers proposed to need insurance of $2 million per craft.

The Canada Shipping Act, 2001
now has been enacted

Transport Canada Shipping Act Reform

.. Because of the need to update regulations, the statute is not likely to come into force until 2006. 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


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Marine Museum
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Work Experience

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 <>

  • <>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 2002<>
  • 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 as sole arbitrator in demise charterparty dispute 1992
  • Advised Canadian shipowners on flagging out transactions 1992, 1995
  • 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  

  • 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 Report
  • Retained by Transport Canada to assist in development of marine liability legislation. 1999
  • Worked with Canadian Maritime Law Association Offshore Committee to prepare Discussion Paper on the Need for an International Convention on Offshore United, Artificial Islands and Related Structures Used in the Exploration for and Exploitation of Petroleum and Seabed Mineral Resources, for Comité Maritime International. 1994 - 98
  • 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  

Papers and Articles

  • 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 Copetition 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
  • BANKRUPTCY 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 Among Creditors 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:

  • Federal Courtand Federal Court of Appeal Education Seminar: Maritime Law  National Judicial Institute Ottawa 2004
  • Comite Maritime International Conference, Vancouver 2004
  • Dialogue on Maritime  Security, Shipping Federation of Canada, Montreal 2002
  • Marine Community Readiness for the Year 2000, Ottawa 1999
  • Comite Maritime International Centenary Conference, Antwerp 1997
  • The ISM Code: Implementation in Practice, BIMCO , Copenhagen 1996
  • Shipshape - Ship Management for the 21st Century, Sydney NSW 1994
  • 35th International Conference, CMI, 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 

  • Canadian Maritime Law Association
  • Director, Association of Maritime Arbitrators of Canada 1995 -
  • Co-Chair, CMLA Canada Shipping Act Reform Committee 2000 -
  • Ontario Vice-President, Canadian Maritime Law Association 1995 - 2000
  • Chair, CMLA Marine Liabilities Act Subcommittee 1996 - 1999
  • Co - Chair, CMLA Offshore Units Subcommittee 1996 -
  • Chair, CMLA Federal Court Act and Rules Revision Committee 1994 - 1998
  • Co - Chair, CMLA Ship Registration Mortgages and Liens Committee 1991 - 1997
  • Chair, Maritime Law Section, Canadian Bar Association (Ont) 1986 - 1988

Community and Personal  

Canadian Institute of International Affairs member.

Outer Harbour Sailing Federation Representative,  Mooredale Sailing Club

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