Practices: Transportation
Alexander Holburn Beaudin & Lang LLP's Transportation Practice provides clients with comprehensive services on a broad range of transportation law issues. Our team acts on matters relating to all aspects of cargo, passengers, equipment and property, and regularly represents clients in all four major transportation modes:
●Aviation ●Maritime ●Rail ●Trucking
Our depth across different modes of transportation is a distinguishing feature of our group, creating one of Canada's most comprehensive transportation law practices. We also bring decades of experience within the province as well as nationally and internationally. We have the practice and litigation experience to advise and represent clients in any transportation law matter from routine commercial files to complex matters such as class actions or transborder litigation.
We maintain an extensive network of contacts in other parts of Canada and the Pacific Northwestern United States, including seasoned transportation lawyers in other jurisdictions, as well as technical experts such as forensic investigators. Our experience working with international airlines and marine underwriters gives our clients the benefit of a comprehensive approach to their issues. We also practice in a technologically advanced manner, using tools such as custom client extranets to deliver our services efficiently.
Business and trade expansion means a corresponding growth in transportation infrastructure and passenger services. Plans to significantly expand capacity are underway at both the Port of Vancouver and the Prince Rupert Port Authority. Highway improvements and Canada Line developments for 2010 have been successfully completed. China has designated Canada as an approved tourist location. There is continued movement toward the development of “Open Skies” air policies including “fifth freedom rights” in our international air treaties. We have made it our business to monitor trends such as these, and to identify the legal issues in transportation law that we know will affect our clients' interests.
Air: In 2009, Vancouver International Airport served 16.2 million passengers and handled approximately 200,000 tonnes of cargo. (www.yvr.com)
Maritime: The Port of Vancouver handled 102 million tonnes of cargo in 2009, and traded with more than 90 countries around the world. (www.portvancouver.com)
Rail: Vancouver is served by both of Canada's transcontinental railways. The railways are an economic engine for the economy, moving 75 per cent of all freight and 72 million passengers in 2009. The total industry revenue totalled $11.2 billion in 2008 and rose every year of the past decade. (www.railcan.ca )
Trucking: In 2008, BC’s Pacific Highway border crossing – the 5th largest crossing for trucks in Canada and 6th in terms of the value of goods flowing north and south, saw $13.8 billion worth of trade, or 4.2% of the total for Canada.(www.bctrucking.com)
We advise and represent clients in all transportation industries. Matters we are frequently involved with include:
Members of the Transportation Practice are actively involved in the following organizations: Air Transportation Association, Aviation Insurance Association, B.C. Aviation Council, Helicopter Association of Canada, Marine Insurance Association of B.C., Chamber of Shipping, Vancouver Maritime Arbitrators Association, Canadian Maritime Association, Maritime Law Section of the Canadian Bar Association, British Columbia Trucking Association.
Alexander Holburn offers the services of a team of lawyers experienced in handling legal matters of special concern to the aviation community including: local and international airlines; fixed and rotary wing charter operators; maintenance facilities; private pilots; flight schools; and their insurers. We provide the services outlined below to clients worldwide.
We represent Canadian and international airlines, fixed and rotary wing charter operators and maintenance facilities, and their insurers, with respect to claims arising from aircraft accidents and incidents. With the assistance of appropriate experts we assess issues relating to human factors, engineering, structures, maintenance procedures, pilot proficiency, and other issues typically related to these events. We have experience in handling catastrophic losses, and in resolving single and multiple wrongful death claims, and personal injury claims.
We have successfully pursued engine and air-frame products liability claims on behalf of underwriters against U.S., foreign, and Canadian aircraft and component parts manufacturers. We maintain relationships with a variety of aviation consultants and experts necessary to support such litigation.
On instructions from either an airline or its insurers we can provide a complete claims handling service with respect to both passenger and cargo claims. Our familiarity with airline practices and procedures, tariffs, terms and conditions of carriage, and safety regulations permit us to provide an initial response to claims, make recommendations with respect to settlement and, if necessary, provide a full defence in any subsequent litigation.
Our knowledge of the aviation business and the environment in which it operates makes us effective in pursuing or defending and resolving claims concerning aircraft and equipment purchase agreements, sale and lease agreements, accounts collection, and enforcement of property rights.
We regularly assist our clients in the aviation industry by making representations to or appearing before administrative and regulatory authorities, including Transport Canada, the Canadian Transportation Agency, the Transportation Safety Board of Canada, the Office of the Coroner, and the Medical Review Board.
We are experienced in the registration of aircraft within BC for personal property security purposes, and in drafting, negotiating, and reviewing transportation-related contracts and documents including:
The corporate members of our practice group will also advise on:
Our sensitivity to the aviation workplace of both large airlines and small rotary wing operators allows us to advise our clients on employment law matters including:
In conjunction with our Environmental Practice, we advise our aviation clients on the legal aspects of carrying, storing, and handling hazardous materials; provide representation before the regulatory authorities concerned with the environmental impact of aviation operations; and defend clients charged with environmental offences. We are experienced in defending and resolving chemical drift cases.
Our Maritime Group handles shipping casualties, ship arrest, cargo claims, personal injury claims, marine insurance coverage disputes for insurers, priority disputes, commodity disputes, arbitrations, and most other legal problems involving ships or multimodal transportation. On the non-contentious side, we advise on ship sales, financing, charterparties, insurance policy wordings, commodity transactions, employment, flagging, and most transactions involving any type of vessel.
Click here to view publications
In the rail transportation sector, the firm represents a major North American railroad in all aspects of its Canadian operations, including regulatory compliance, contracts, real estate, claims, employment, environmental, and other matters. We regularly interact with the Canadian Transportation Agency, Transport Canada, and other government entities.
Members of our group also provide advice to specialty carriers, passenger rail operators, railway consultants, and other organizations related to the railway sector.
Some of our lawyers in the Trucking Group have over 20 years experience in trucking law including litigation involving motor carriers, their insurers, cargo interests, and freight forwarders. Members of our group have experience drafting bills of lading, warehouse leases, contracts and corporate work relating to trucking. Alexander Holburn is a member of the British Columbia Trucking Association (BCTA) and Douglas Schmitt is a member of its Insurance Committee.
R. Patrick Saul*
Direct Line: 604.484.1728 
2700-700 West Georgia Street Vancouver, BC CANADA V7Y 1B8 Switchboard: 604 484 1700 General fax line: 604 484 9700
Toll free: 877 688 1351
