Lawyers

Peter Swanson Partner

Peter is a senior litigation lawyer with over 20 years of experience, and is a founding partner of the firm. Peter practices extensively in the field of maritime law, handling cases involving the enforcement of maritime liens, vessel arrest and security, carriage of cargo, civil and regulatory liability for ship source pollution, collision, salvage, port state control, immigration, bodily injury, charterparty disputes, and constitutional issues involving “navigation and shipping”. Peter is frequently involved in casualty investigations in both a marine and non-marine context.

In addition to his maritime case work, Peter regularly acts as counsel to health professionals in respect of disciplinary matters before their governing College.

Peter appears regularly as counsel before Courts and other tribunals. He has represented clients at all levels of Court, including 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.

Peter is a regular contributor to a local trade journal and writes 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, having presented at numerous conferences and to a number of industry groups, including the Chamber of Shipping of B.C. “Business of Shipping” course. Peter is currently active on the board of a number of societies and the Canadian Bar Association (“CBA”). He is presently Chair of the National Maritime Law Section of the CBA, and Chair of the Host Committee, ICMA, 2012. He has a long tradition of charitable fund raising for different organizations and competed in the 2008 Three Peaks Challenge fundraiser (a 24 hour challenge to climb 3 of the United Kingdom’s tallest peaks), which raised over £600,000. 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 Lexpert Directory, is BV Peer Review rated in LexisNexis – Martindale-Hubbell, and is listed for maritime law in Who’s Who Legal: Canada.

Representative Cases

Colley West Shipping Co. v. Canada (Minister of Citizenship & Immigration); 2006 FC 1419, 57 Imm. L.R. (3d) 135, 56 Admin. L.R. (4th) 127, 304 F.T.R. 149 (Eng.); Federal Court; Subject: Immigration; Immigration and citizenship --- Exclusion and removal -- Removal from Canada -- Appeals and judicial review -- Judicial review -- Miscellaneous issues.

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 – Carriers.

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.

Ferguson v. Arctic Transportation Ltd.; (1998) 147 F.T.R. 96, [1998] F.C.J. No. 634; Federal Court of Canada -- Trial Division; May 8, 1998; Docket: T-1941-93; Subject: Torts; Negligence --- General principles -- Causation -- General; Conflict of laws --- Torts -- Choice of law -- Situs of tort – bodily injury.

Professional and Other Affiliations

  • Called to the Bar of British Columbia, 1988
  • Law Society of British Columbia, Member
  • Canadian Bar Association (“CBA”), Member, past executive member and chair of the BC Maritime Law Section and current 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, Chair of Host Committee
  • Comité Maritime International, Vancouver 2004, Member Organizing Committee
  • CBA Organizing Committee, 1992 Mid-Winter Convention, Member
  • Chamber of Shipping of British Columbia, Director
  • Chamber of Shipping, Education Committee, Current Member and Presenter
  • CBA Organizing Committee, Joint IBA/CBA Convention, 1996 and the 11th Commonwealth Conference, Member
  • Maritime Millennium Ball, Co-Chair, Organizing Committee, 2000
  • Maritime Mid-Summer Charity Ball 2003, Chair, Organizing Committee, 2003
  • Maritime Valentine’s Day Ball 2005 and 2007, Chair Organizing Committee
  • CBA, Maritime Law Section/AMUBC Children’s Hospital Fundraising Committee, 1992 to 1995, Member

Author and Speaker

  • Frequent contributor to “Harbour & Shipping” and B.C. Shipping magazines.
  • Chamber of Shipping of British Columbia, “Business of Shipping” course in Vancouver, Prince Rupert, Winnipeg and Ottawa, Committee member and Presenter.
  • Canadian Maritime Law Association, frequent speaker at West Coast Open Meetings.
  • Institute of Chartered Shipbrokers, “Sea Waybills, the Good and the Bad”.
  • Co-author, “Sue and Labour’ Expenses: Common Law or Contract?”, International Insurance Law Review, April 1995.
  • University of British Columbia maritime law course: “Port State Control”, 2005.
  • Insight Conference: Emergency Response Planning in Marine Industries – “Dealing with Inspectors, Investigations and Environmental Enforcement”, December 1994 and January 2002.
  • BCIT (Pacific Marine Training Institute) “The Litigation Process” and “Dealing with Cargo Claims”, various dates.
  • General Certified Accountants, “Environmental Law” and “The Litigation Process”, various dates.
  • Vancouver Maritime Arbitrators Association including presentations on “Mock Arbitration and Mediation” and “Arbitration Clauses: What Law Governs and Who Decides?”, various dates.
  • Law Society of British Columbia, Professional Legal Training Court Guest Instructor, various years.
  • BIMCO “The Maritime World is Changing”, Vancouver, B.C., June 1997.

Other Interests

Peter’s personal interests include spending time with his family, biking, skiing and fly fishing.

Peter Swanson

Areas of Practice

Education

  • LL.B., University of Victoria, 1987
  • B.A. (International Relations), University of British Columbia, 1984

Publications