Jason Kostyniuk

Partner

Jason Kostyniuk is the leader of the firm’s Maritime Practice Group. His practice focuses on maritime and transportation matters, as well as commercial and insurance litigation. Jason’s practice includes ship arrest and enforcement of maritime claims, charterparty and commercial contract disputes, general insurance matters, marine insurance and P&I matters, vessel collision and transportation casualties, carriage of goods and passengers, vessel and cargo theft, bodily injury claims, towage and salvage, ship design and repair, marine pollution, and the liabilities of harbours, terminals and marinas.

Jason has represented clients in the Provincial, Supreme and Appellate Courts of British Columbia, the Federal Court of Canada, and in private commercial arbitration. He has also achieved numerous settlements for clients through mediation.

Legal Industry Recognition

Representative Experience

  • Advising Canadian mineral exporter in dispute involving carriage by sea of $80 million shipment of ore
  • Advising and defending a foreign container ship owner in multiple Federal Court proceedings arising out of the global bankruptcy of the ship charterers, a large Korean shipping line
  • Drafting and modifying dry bulk charter party forms, towage terms and marine insurance policy provisions, and advising clients thereon
  • Advising and acting for ship owners, insurers and other entities in coastal marine pollution matters
  • Representing Canadian marine terminal in large fire casualty with marine and land based pollution components
  • Acting for marine underwriters in $1.6 million barge capsize
  • Defending foreign steel company in complex multi-party Federal Court litigation involving large shipment of steel to Canada
  • Acting for Canadian railway company and its insurers in $8 million bridge collision and damage claim
  • Defending Canadian naval architect firm in US $4 million cruise ship retrofit project dispute
  • Acting for Canadian marine services provider and its insurers in submarine cable damage claim
  • Defending a Canadian houseboat chartering company against BC Supreme Court action by onboard guest for personal injuries
  • Acting for shipowners and their insurers in a variety of marine casualty matters involving investigations by Transportation Safety Board (TSB) and Transport Canada

Professional + Community Affiliations

Education

  • 2000 Admitted to the British Columbia Bar
  • 1999, LL.B. University of British Columbia
  • 1995, B.A. University of British Columbia

Publications + Presentations

  • October 2017, “Clean vs. Claused Bills of Lading and Letters of Indemnity”, Institute of Chartered Shipbrokers & Vancouver Maritime Arbitrators Association Seminar, Speaker
  • May 2017, “Arresting Times – Sister Ship Arrests in Canada Clarified”, Western Mariner Magazine, Co-Author
  • February 2017, “Marine Spills”, Environmental Managers Association of BC (EMABC), Speaker
  • September 2015 – Maritime Law Update, Canadian Transportation Lawyers Association Conference, Speaker
  • May 2014, “Fossil Fuels from Canada to Asia”, The Inter-Pacific Bar Association Conference, Speaker
  • July 2014, “New TSB Regulations promise simplicity and clarity for Canadian marine industry”, Western Mariner, Author
  • 2014, “Limitation of Liability Allowed but Insurance Coverage Denied: Telus v. Peracomo”, The Canadian Board of Marine Underwriters, Semi-Annual Conference, Speaker (co-written by Andrew Stainer)
  • November 2012, “Fraud and Misrepresentation in Marine Insurance”, Marine Insurance Association of BC’s Fall 2012 Education Seminar Series, Speaker
  • 2010 – 2015, Ship Arrests in Practice – Canada, Shiparrested.com, Co-Author
  • 2009, “Arrest Practice and Enforcement of Maritime Claims in Canada”, Shiparrested.com, Sixth Members’ Meeting, Cyprus, Author
  • 2008, “Recent Cases Interpreting Canada’s Anti-Sky Reefer Legislation s. 46 Marine Liability Act”, ADR Section, US MLA Fall Meeting, Speaker
  • 2005, “Bodily Injury Claims”, Marine Insurance Association of B.C. Seminar, Speaker
  • 2003, “Maritime Cargo Claims” Marine Insurance Association of B.C. Seminar, Speaker

Direct Line: 604 484 1749
Facsimile: 604 484 9749
jkostyniuk@nullahbl.ca
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Assistant: Patsy Chan
Direct Line: 604 643 2121
Email: pchan@nullahbl.ca