David S. Jarrett Partner
David practices in the areas of maritime and transportation law, insurance defence, product liability and civil and commercial litigation. He has a broad range of experience including vessel arrest, collision, pollution, tug and tow, bodily injury and cargo in addition to non-maritime contract, insurance and employment matters and defending auto manufacturers in product liability claims. David’s experience includes on board emergency response (including dealing with the Transportation Safety Board, Transport Canada, the United States Coast Guard, the National Transportation Safety Board and other regulatory agencies) on behalf of vessel owners. He has assisted senior members of Bernard LLP on large maritime casualty matters.
David has appeared before the Federal Court, the Federal Court of Appeal, the B.C. Provincial Court, the B.C. Supreme Court and Court of Appeal, as well as the Alberta Provincial Court and the Alberta Court of Queen’s Bench.
Prior to joining the firm in 2010, David was judicial law clerk with the Court of Appeal of Alberta in Edmonton and practiced at Brownlee LLP, a leading Alberta firm, where he focused on general commercial litigation.
Grieg Shipping A/S v. Dubai Fortune (Ship), 2012 FC 110 (CanLII): Acted as co-counsel to a senior member of the firm at both the trial and appeal levels. The litigation arose following a collision between the tug Tiger Shark 2 and the Plaintiff’s vessel following the Tiger Shark 2’s departure from assisting the Defendant’s vessel the Dubai Fortune. This departure was not known, authorized or directed by the pilots on board the Dubai Fortune or the vessel’s crew. Following the Tiger Shark 2’s decision to leave the Dubai Fortune, the captain of the Tiger Shark 2 manoeuvred his tug into the stern of another tug which caused his tug to contact the Plaintiff’s vessel, causing approximately $2.7 million worth of damage. The Trial Judge determined that the Dubai Fortune was not vicariously liable for the collision caused by the Tiger Shark 2 as that vessel was no longer under the direction or control of the pilot or crew of the Dubai Fortune at the time of the collision.
On September 16, 2013 the Federal Court of Appeal, after hearing from counsel for both parties, dismissed the appeal from the bench.
Canuck Security Services Ltd. v. Gill, 2013 BCSC 893: Defended a former employee in a defamation claim and successfully prosecuted a counterclaim for unpaid wages and punitive damages. The Court subsequently awarded the former employee double costs of trial at Scale C (the highest tariff level):
Canuck Security Services Ltd. v. Gill, 2015 BCSC 43.
FFS HK Ltd. v. “P.T. 25” (The), 2010 BCSC 1675: Acted as co-counsel to a senior member of the firm in defending a vessel owner for a claim for damages arising from a spill of bunkering fuel and successfully arguing that its apportionment of the damages be set at 50%.
Employment law (unreported): Defended an employer in a Provincial Court action brought by a former employee seeking damages for wrongful dismissal and elevated damages due to the manner of termination.
Professional and Other Affiliations
- Law Society of British Columbia, Member (Called to the Bar of British Columbia, 2010)
- Law Society of Alberta, Member (Inactive) (Called to the Bar of Alberta, 2008)
- Canadian Bar Association (B.C. Branch), Maritime Law Section, Chair
- Marine Insurance Association of British Columbia, Executive Committee Member - Legislative Liaison (2014-2015)
- Boating BC, Honorary Solicitor (since 2015)
- International Sailors’ Society Canada, Director (since 2015)
- Canadian Maritime Law Association, Member
- Canadian Board of Marine Underwriters, Associate Member
- Canadian Bar Association, Member
- Canadian Bar Association (B.C. Branch), Maritime Law Section, Member
- Canadian Bar Association (B.C. Branch), Insurance Law Section, Member
- Inter-Pacific Bar Association, Member
- Canadian Defence Lawyers, Member