Caldwell & Co. Law Corp. |
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401-815
Hornby Street Telephone
(604) 689-8894 Email: bcaldwell@admiraltylaw.com |
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| Brad M. Caldwell | |
Curriculum VitaePRACTICE
AREAS Maritime
and fisheries litigation including: defence of fisheries and pollution prosecutions, arrest and seizure of vessels, marine insurance, product
liability, vendor/purchaser disputes, assertion of
necessaries claims, sale of goods, salvage, collisions, and personal injury.
General commercial litigation including: insurance, sale of goods, partnership disputes, and product liability. Administrative law practice including appearing before the Pacific Regions Licence Appeal Board (Department of Fisheries and Oceans) and appearing before coroner's inquests. Solicitor's practise including: incorporation's, vessel conveyances, mortgages, charter agreements, and shipbuilding contracts. Aboriginal: Acting as solicitor and litigation counsel (non treaty) for a coastal First Nation and acting as litigation counsel in aboriginal fishing rights litigation.
PROFESSIONAL
QUALIFICATIONS
1986
- Admitted to British Columbia Bar as Barrister and Solicitor West
coast co-chair of Fisheries Sub-Committee of the Canadian Maritime Law
Association Executive Committee member of the Canadian Maritime Law Association (2006-2009)
Member
- Law Society of British Columbia Member - Marine Insurance Association of British Columbia Past
chair of the Maritime Law subsection of the B.C. branch of the Canadian Bar
Association (1998-2000) EDUCATION
LL.B.
(1984) Insurance Institute of British Columbia (2005) - Marine Claims Advanced
Mediation Certificate MARITIME EXPERIENCE Prior to and during law school worked as
towboat worker, fisherman, commercial diver, shore worker, and stevedore. LOCATION Located in downtown Vancouver within two
blocks of the Federal Court of Canada, the Supreme Court of British Columbia,
the Supreme Court law library and the Registrar of Ships. SPECIAL LECTURES AND SEMINARS Lecture to the Marine Insurance Association of British Columbia (Vancouver 29 May 2006) on "Marine Insurance Coverage for Negligence" Lecture at the University of British Columbia Law School on "Defence of Fisheries Prosecutions" ( November 2006; 19 October 2004) Lecture to Continuing Legal Education - Federal Court Practice Update and presented paper on "Crown Liability" (Co-written by Robert Whittaker from the Department of Justice) - also participated in panel on "Judicial Review" (Vancouver 19 September 2003) Lecture at Federal Court Judge's Seminar jointly sponsored by the Federal Court of Canada and the Canadian Maritime Law Association on "A Survey of Fisheries Cases Commonly Heard in the Federal Court" (Ottawa 12 April 2002) Lecture to the market committee of the Association of Marine Underwriters on "Liabilities of Marine Underwriters to Insureds and co-insureds" (Vancouver 13 January 2000) Lecture to the Association of Marine Underwriters on "Surveyor's Negligence" (Vancouver 26 May 1999) Lecture to the Association of Marine Surveyors on "Surveyor's Negligence" (Vancouver June 1999) Attended panel debate of the "Pacific Salmon Treaty" to Dartmouth College Lawyer's Association Continuing Legal Education Association Seminar (Whistler September 1998) Lecture to the International Bar Association on the "Pacific Salmon Treaty" (Vancouver September 1998) Lecture to Continuing Legal Education Fisheries Law course on "Licence Appeals" (Vancouver May 1991)
PUBLICATIONS Readers are cautioned that these papers are not updated to reflect current developments. Underlined titles contain links to the article. Editor of the Fisheries Law section of Admiraltylaw.com CONDUCT OF CANADIAN PUBLIC INQUIRIES and the COHEN COMMISSION Western Mariner (March 2010) CONSTITUTIONAL CHALLENGE TO BRITISH COLUMBIA WCB REGULATION OF FISHING INDUSTRY FAILS. Fisherman Life (Spring 2009) TAX TREATMENT OF FISHING LICENCES RETIRED PURSUANT TO GOVERNMENT BUY BACK PROGRAMS Fisherman Life April/May 2008 A REFORMULATION OF TH E INTERJURISDICTIONAL IMMUNITY DOCTRINE - Case Comment on Canadian Western Bank v. Alberta and British Columbia (A.G.) v. Lafarge Presented to the maritime subsection of the B.C. branch of the Canadian Bar Association 25 October 2007 CONFLICTS WITH MARINA OPERATORS - THE PUBLIC RIGHT OF NAVIGATION AND RIPARIAN RIGHTS COLLIDE Fisherman Life October 2007; Mariner Life October 2007 BILL C-45 COMPLIANCE PROVISIONS Fisherman Life April 2007 CAPITAL GAINS AND TRANSFERS OF FISHING PROPERTY : 2006 FEDERAL BUDGET PROPOSALS Fisherman Life January 2007 MARINA OPERATOR'S LIENS Mariner Life October 2006, Fisherman Life October 2006 IGNORANCE OF THE LAW IS NO EXCUSE . . . OR IS IT? The Defence of Officially Induced Error Fisherman Life July 2006 MARINE INSURANCE COVERAGE FOR NEGLIGENCE Presented to the Marine Insurance Association of British Columbia 29 May 2006 FISHING LICENCES AS SECURITY FOR LOANS: An Incremental Step Forward by the Nova Scotia Court of Appeal Fisherman Life April 2006 MARINE INSURANCE COVERAGE FOR NEGLIGENCE Mariner Life December 2005; Fisherman Life December 2005 Note: See the above paper of the same title presented to the M.I.B.C. for a more complete paper with footnotes (link). MARINE INSURANCE COVERAGE FOR
MACHINERY DAMAGE CLAIMS LICENCE
TRUSTS AND FRUSTRATION OF CONTRACT SENTENCING FOR VIOLATIONS OF THE FISHERIES ACT PART II Fisherman Life April 2005 SENTENCING FOR VIOLATIONS OF THE FISHERIES ACT Fisherman Life January 2005"APPLYING CANADIAN ENVIRONMENTAL ASSESSMENT ACT TO FISHERIES" Fisherman Life Oct. 2004 "COMITE MARITIME INTERNATIONAL MEETS IN VANCOUVER Western Mariner July 2004 "LEGAL STATUS OF CREW MEMBERS IN THE WEST COAST FISHING INDUSTRY" Western Mariner/Western Fish and Seafood Winter 2003/4 "CROWN LIABILITY" in C.L.E. of British Columbia FEDERAL COURT PRACTICE UPDATE - 2003 by Brad Caldwell and Robin Whittaker "Salvour of Zodiac Receives $240 Salvage Settlement and $77,000 Damage Award for False Imprisonment Caused by Ungrateful Vessel Owner" Western Fish and Seafood August 2003 "The Treatment of Fishing Licences as Family Assets Upon the Breakup of a Marriage" Western Fish and Seafood June 2003 "Last Nail in the Coffin of Carpenter Fishing v. the Queen" Western Fish and Seafood (published by Eagle Harbour Holdings Ltd.) March 2003 "Shipbuilding Contracts" Mariner Life September 2002; Fisherman Life October 2002; Reprinted Mariner Life March and April 2006 "Licence Trusts: Disputes Over Entitlement" Fisherman Life Fisherman Life July 2002 "Federal Court Fisheries Issues: A Survey of Fisheries Cases Commonly Heard in the Federal Court" Presented to the Federal Court Judge's Seminar 12 April 2002 (Sponsored by the Federal Court of Canada and the Canadian Maritime Law Association) "United Nations Fishing Agreement" Fisherman Life April 2002 "Mediation: A Viable Alternative for Dispute Resolution" Fisherman Life October 2001 "The Representation Agreement Act: Planning for the Future Mental Incapacity" Fisherman Life July 2001 "When Licence Trades Go Wrong: Appealing the Licence Appeal Board" Fisherman Life April 2001 "Agreements for Sale of Ships - Must They Be In Writing" Westcoast Fisherman" February 2000 "Liabilities of Marine Underwriters to Insureds and Co-insureds" presented to the Market Committee of the Association of Marine Underwriters of B.C. 13 January 2000 "Licence Swaps" Westcoast Fisherman May 2000 "The Pacific Salmon Treaty: A Brief Truce in the Canada/U.S. Pacific Salmon War" (1999) 57 Advocate 379" "R. v. Marshall" Westcoast Fisherman February 1999 "Surveyors Negligence" presented to the Association of Marine Underwriters of B.C. 26 May 1999; published Westcoast Fisherman November 1998 "Licence Sanctions: A Court Imposes Limits on the Minister's Discretion" Westcoast Fisherman August 1999 "Nothing is Certain In Life Except Death, Taxes and the Government Looking After Itself" Westcoast Fisherman May 1999 "Canada's Salmon and Turbot Wars" Westcoast Fisherman February 1999 "Ocean Pasturage and the Pacific Salmon Treaty" Westcoast Fisherman August 1998 "Arrest of Fishing Vessels" Westcoast Fisherman May 1998 "Carpenter Fishing Overturned on Appeal" Westcoast Fisherman February 1998 "Drawn Out Court Battle Expected Over Alaska Ferry Dispute" Westcoast Fisherman November 1997 "Suing the Minister" Westcoast Fisherman" August 1997 "Post Season Price Adjustments" Westcoast Fisherman July 1997 "Extras" Westcoast Mariner June 1997" "More Extras" Westcoast Mariner July 1997 "Bill C-62 An Act to Amend the Fisheries Act" Current February 1997 "Liability Waivers Should Protect All Parties Fairly" Vancouver Sun 4 June 1996 BOOK REVIEW OF "GOLDEN SAILS - The Story of the Pacific Mutual Marine Insurance Company Current 1996 "Administrative Sanctions in B.C." Current September 1995 "Marina Operator's Liens" Westcoast Mariner June 1995 "Charter's Risk Insurance" Current December 1995 "Ship Repairer's Possessory Liens" Westcoast Mariner September 1994 "The Kelleher Report" Current June 1994 "Fish Boat Brokers: Real Estate Agents Who Sell Boats?" Current April 1994 "Marina Operator's Liens" Current December 1994 "Employment Standards Act - Can Crew Members Have Their Cake and Eat it Too" Current June 1993 "Business Partnership Disputes - An Ounce of Prevention is Worth a Pound of Cure" Westcoast Fisherman February 1993 "British Columbia Court of Appeal Says No to Sales of Aboriginal Food Fish" Current October 1993 "Bill C- 129" Current December 1993 "The Workers Compensation Board - A Recent Decision by the Appeal Division Could Signal a New Era For Fisherman" Westcoast Fisherman January 1992 "Licence Appeals" Fisheries Law C.L.E. 1991 "Proposed Legislation May Help with Financing for B.C. Fish Farms" Canadian Aquaculture Jan/Feb 1989 "Predator Control" Canadian Aquaculture Winter 1987
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