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 | |
NewsTransport 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- Reform of outdated common law rules applying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.
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.. 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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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 <>>
- 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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Last Update: December 16,
2005
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DISCLAIMER The
information on this web site is not intended as a
legal opinion or legal advice. The law may
change at any time as a result of the coming
into effect, accession to or amendment of
international conventions, enactment of new
statutes, statutory and regulatory amendments
and judicial or arbitral decisions. Past results
are not necessarily indicative of future
results. The amount recovered and other
litigation outcomes will vary according to the
facts in individual cases.
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Copyright ©
2005 WILLIAM M. SHARPE mailto:wmsharpe@arvotek.net
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