Lawyers

Peter Swanson Partner

Peter is a founding partner of the firm with over 26 years of professional legal experience. He practices primarily in the fields of maritime and health law.

Peter’s maritime case work involves vessel arrest and security, carriage of cargo, the enforcement of maritime liens, civil and regulatory liability for ship source pollution, collision, port state intervention, immigration, bodily injury, chartering disputes, and constitutional issues arising in the context of “navigation and shipping”. Peter also routinely advises on the preparation and completion of transport and terminal contract documentation and is often involved in casualty investigations in both a marine and non-marine context.

Peter’s health law case work involves assisting health care professionals in relation to regulatory or disciplinary issues before their governing regulators, as well as providing assistance in respect of audits or court attendances. This work includes handling complaints against health care professionals through to hearing and possible judicial review.

Peter appears regularly as counsel before a variety of Courts. He has represented clients in the British Columbia Supreme Court, the Federal Court, the British Columbia Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada. He has also represented clients before a variety of tribunals including the Health Professions Review Board, the Medical Services Commission and the College of Physicians and Surgeons of British Columbia.

Peter is a regular contributor to local trade journals on maritime law topics. He has written for the Advocate, the International Insurance Law Review, and co-authored the section on Canada for the International Comparative Legal Guide to: Commodities and Trade Law 2006. He is a frequent speaker. Peter is currently active on number of boards and other organizations. He is a director of the Chamber of Shipping of B.C. He is past Chair of the National Maritime Law Section of the Canadian Bar Association (“CBA”), and was Chair of the Host Committee of ICMA, 2012. He has a long tradition of charitable fund raising for different organizations. In 2008 and in 2014 Peter competed as a team member in the Sailors Society Three Peaks Challenge (a 24 hour challenge to climb three of the United Kingdom’s tallest peaks – Ben Nevis (4,406ft) in Scotland; Helvellyn (3,117ft) in England and Snowdon (3,560ft) in Wales). Each time the event raised over $600,000 for the Sailors Society. He has also been involved in the organization of many events (fundraising and educational) including Comité Maritime International, Vancouver.

Peter is recognized by his peers as a leader in the field of maritime law. He has been listed in The Best Lawyers in Canada since it was first published in Canada in 2006, is rated as Repeatedly Recommended for shipping and maritime law in the Canadian Legal L’expert Directory, is BV Peer Review rated in LexisNexis – Martindale-Hubbell, and is listed for maritime law in Who’s Who Legal: Canada.

Representative Cases

British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, 2014 BCCA 353 (CanLII), British Columbia Court of Appeal, leave to the Supreme Court of Canada denied 2015 CanLII 13581 (SCC); Subject: Judicial Review; employer — significant connection to the worksite — chambers — rescue — accident.

Z.I. Pompey Industrie v. ECU-Line N.V.; 2003 SCC 27, 30 C.P.C. (5th) 1, 224 D.L.R. (4th) 577, 2003 A.M.C. 1280, 303 N.R. 201, [2003] 1 S.C.R. 450, 240 F.T.R. 318 (note), REJB 2003-40815, J.E. 2003-892; Supreme Court of Canada; Subject: Contracts; Torts; International; Carriers --- Contract of carriage -- Performance of contract -- Deviation; Conflict of laws -- Contracts -- Choice of law -- Where contract specifying law.

Canadian Forest Products Ltd. v. B.C. Rail Ltd.; 2003 BCSC 263, 2003 A.M.C. 1125; British Columbia Supreme Court; Subject: Contracts; Torts; Civil Practice and Procedure; International; Property; Carriers -- Liability for damage to goods -- Liability for goods shipped under contract of carriage -- Evidence of damage -- General; Maritime law -- Parties -- General; Carriers --- Contract of carriage -- Bill of lading -- Transfer of title; Bailment and warehousing -- Hire of services or work -- Bailee's liability to bailor for loss or damage – Carrier.

Colley West Shipping Company Ltd. v. Canada (Minister of Citizenship and Immigration), 2006 FC 1419 (CanLII), Subject: Agency; creation of relations; who constitutes an agent; Aliens: exclusion and expulsion of persons from Canada: Removal costs, liability for.

Ruby Trading S.A. v. Parsons; (2000) 194 D.L.R. (4th) 303, 264 N.R. 79, [2001] 2 F.C. 174, 2000 CarswellNat 3455, 2 F.C. 174; Federal Court of Appeal; Subject: Labour and Employment; Constitutional; Torts; Public; Civil Practice and Procedure; Maritime law --- Admiralty courts -- Maritime jurisdiction of Federal Court – General.

Ranjbar v. Islamic Republic of Iran Shipping Lines, 2014 BCSC 1983 (CanLII), Supreme Court of British Columbia; Subject: Torts; Occupiers Liability; Duty to Warn -- Causation -- gangway — ship — terminal — horn — ladder – bodily injury – failure to mitigate.

Professional and Other Affiliations

  • Called to the Bar of British Columbia, 1988
  • Law Society of British Columbia, Member
  • Chamber of Shipping of British Columbia, Director
  • Institute of Chartered Shipbrokers, Member
  • Subcommittee on Execution of Orders of the Federal Court Rules Committee, Member 2012 – present
  • CBA, Member; (Provincial) past executive member and past Chair of the BC Maritime Law Section; (National) current executive Member and Past Chair of the National Maritime Law Section
  • Canadian Maritime Law Association, Member
  • International Sailors Society of Canada, Director and Immediate Past Chair
  • Vancouver Maritime Arbitrators Association, Arbitrating Member, Director and Immediate Past President
  • International Congress of Maritime Arbitrators, Vancouver 2012, Host Committee Chair
  • Comité Maritime International, Vancouver 2004, Member Organizing Committee

Author and Speaker

Peter frequently writes and presents on various legal topics. He is often a presenter on behalf of the Chamber of Shipping of British Columbia, through its “Business of Shipping” program. This has included presentations in Ottawa, Winnipeg, Calgary, Prince Rupert, Nanaimo and Vancouver. He has presented many times at the Canadian Maritime Law Association West Coast Open Meetings held in Vancouver, and has spoken on behalf of the Institute of Chartered Shipbrokers and BIMCO. He recently presented on MSC audits to the B.C. Urological Society.