Lawyers

David K. Jones Partner

David practices civil and commercial litigation with an emphasis on maritime law, environmental law, insurance law, and occupational health and safety.  David’s maritime law practice includes representation of clients in administrative and regulatory matters, cargo damage, oil pollution, personal injury, and marine insurance. David’s occupational health and safety practice includes casualty investigations involving serious workplace injuries and fatalities. He advises employers with respect to issues arising from these investigations, and from inspection reports and orders of the BC Workers’ Compensation Board. David’s environmental law practice includes contaminated sites litigation, due diligence matters, and defence of environmental prosecutions.

David’s practice has included litigation in all levels of Courts in British Columbia, and the Federal Court at trial and appellate levels, as well as participation in arbitrations and mediations as counsel. David has also appeared before administrative tribunals such as the British Columbia Environmental Appeal Board on matters relating to British Columbia’s contaminated sites legislation, the Transportation Appeal Tribunal of Canada on maritime matters, WorkSafeBC’s Review Division, and the Workers’ Compensation Appeal Tribunal.

David has authored articles on topical legal issues for local shipping magazines for over 15 years. He has guest lectured at Royal Roads University B.Sc. program in environmental studies, conducted seminars on maritime legal issues to a number of groups, participated in a panel on practice for Continuing Legal Education, and co-authored a paper on discovery of documents for CLE. David is an annual contributor to CLE’s Due Diligence Deskbook on the chapter relating to Fisheries and Oceans.

Representative Cases

Richmond Elevator Maintenance Ltd. v. British Columbia (WCAT), 2021 BCSC 91.  Subject:  judicial review on issue of doubling of an administrative penalty.

R. v. MV Marathassa, 2019 BCPC 13 (CanLII). Provincial Court of British Columbia; Subject: ship source pollution – strict liability offences –  required proof of act for all offences – availability and application of due diligence defence - acquittal of all charges;  R. v. Marathassa, 2018 BCPC 125 – ruling on voir dire on defence application for exclusion of evidence.

Laichkwiltach Enterprises Ltd. v. "Pacific Faith" (The), 2007 BCSC 1852 and 2009 BCCA 157. British Columbia Supreme Court, and Court of Appeal. Subject: Maritime and admiralty law -- Negligent navigation – Collision with stationary ship, foul berth, damages – apportionment.

Mercury Launch & Tug Ltd. v. Texada Quarrying Ltd., 2006 FC 464. Federal Court. Subject: Bailment distinguished from other relationships; Maritime and admiralty law – Harbours and docks -- Duty towards users.

R. v. Golden Eagle Ranch Inc., 2003 BCPC 205. British Columbia Provincial Court. Subject: Environmental; Waters and watercourses; Fish habitat.

Lawson v. British Columbia (Deputy Director of Waste Management), [2001] B.C.E.A. No. 35. British Columbia Environmental Appeal Board. Subject: Environmental law, liability of corporate officers.

Carpenter Fishing Corp. v. Canada, [1997] 1 F.C. 874 (Federal Court); [1998] 2 F.C. 548, 1997 CanLII 6391 155 DLR (4th) 572 (Federal Court of Appeal).   Subject:  Administrative law – Requirements of natural justice – Right to hearing – Duty of fairness;  Review for lack or excess of jurisdiction – Abuse of discretion.

Professional and Other Affiliations

  • Called to the Bar of British Columbia, 1995
  • Law Society of British Columbia, Member
  • Canadian Bar Association, Member
  • Canadian Bar Association (BC Branch), Maritime Law Section, Chair (2009 - 2011)
  • Canadian Maritime Law Association, Member, Western Vice-President and Chair of Communications Committee

Author and Speaker

  • Contributor to CLE publication “Due Diligence Deskbook” -- Shipping chapter, and Fisheries and Oceans chapter.
  • Contributer to CLE publication “PPSA Practice Manual” -- Vessel Financing chapter.
  • Presenter at Chamber of Shipping of British Columbia, “Business of Shipping” course in Vancouver, 2013
  • Paper for Canadian Association of Counsel to Employers annual conference 2013 –“Administrative Monetary Penalties in Occupational Health and Safety”; and 2011 – “Due Diligence”, and 2010 with Lorna Pawluk – “Director and Officer Risk Issues”.
  • Frequent contributor of articles to BC Shipping and Harbour and Shipping magazine from 1995 to present on topical legal issues.
  • Participant in Vancouver Maritime Arbitrators Association mock arbitration, 2010, and mock mediation, 2011.
  • Insurance Brokers Association of BC – presentations on insurance issues in 2009 and 2010.
  • Guest instructor at Royal Roads University B.Sc. program in environmental studies, 2003.
  • Author of “Discovery of Documents”, with Nicole Garson, paper for Continuing Legal Education, April 1996.
  • LL.M. thesis: Admiralty Jurisdiction in Canada, 1994.
  • M.A. thesis: The Islands Trust on the Local Government Continuum – Administrative Agency or Local Government? 1994.

Other Interests

David’s personal interests include boating, skiing, bicycling and landscaping.

David K. Jones

Areas of Practice

Education

  • L.L.M, University of Wales, 1995
  • M.A., Simon Fraser University 1994
  • LL.B., University of Victoria, 1993
  • B.A., Simon Fraser University, 1989

Publications