WILLIAM
M. SHARPE
Barrister
&
Solicitor
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Suite
307, 40
Wynford
Drive
Toronto,
Ontario,
M3C 1J5
Canada
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News
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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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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
- Director,
Canadian
Maritime Law
Association
- Toronto
Commercial
Arbitration
Society
member
- Canadian
Board of
Marine
Underwriters associate
member
- Director,
Association
of Maritime
Arbitrators of
Canada
1995 -1998
- Chair,
CMLA
Legislation
and Regulatory
Reform
Committee
2000 -
- Ontario
Vice-President,
Canadian
Maritime Law
Association
1995 - 2000
- Chair,
CMLA Marine
Liability 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
Mooredale Sailing Club
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site is hosted
and maintained
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Last Update: January 2, 2012
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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 ©
2005/2012 WILLIAM M.
SHARPE mailto:wmsharpe@shippinglaw.ca
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