2019 CBMU FALL CONFERENCE

President's Report

2018 Worldwide and Canadian Marine Figures. Highlights of the 2019 IUMI Conference

• Isabelle Therrien, CBMU President, Falvey Cargo Underwriting

Isabelle Therrien is Vice President at Falvey Cargo Underwriting. She oversees the Canadian Operations and is currently based out of the company’s Toronto office. Prior to joining Falvey in 2007, Isabelle spent 10 years at Chubb working in their Marine department in Montreal, Toronto and New York. Isabelle has spent 22 years in Marine Insurance and has built expertise in underwriting a wide array of Marine risks. She is the President of the Canadian Board of Marine Underwriters (CBMU) and has been in that role since 2016. She has been a member of the IUMI Cargo Technical committee since 2015 and was appointed Vice Chair of that committee in 2017.

• Matthew Lewis, CBMU Vice President, CNA

• Jahanzeb Durrani, Burns & Wilcox, 2019 IUMI Bursary Recipient

Transport Canada Update
• François Marier, Manager/ Senior Policy Advisor - International Marine Policy,
Transport Canada

Transport Canada will provide an update on issues, including: compulsory insurance regulations for passenger vessels, the Wrecked, Abandoned or Hazardous Vessels Act, the HNS Convention, Canada’s carriage of goods liability regime, the review of the scope of losses or damage resulting oil pollution, and a report on international discussions on problems with non-P&I Club insurers in oil pollution cases and on a unified interpretation on the test for breaking the shipowner’s right to limit their liability.

François Marier is a Manager and Senior Policy Advisor in the International Marine Policy Division at Transport Canada where he has served for 18 years.

He is responsible for economic policy related to international shipping and specifically he is the leading policy expert on matters of marine liability and compensation in Canada. This includes the implementation and adoption of international conventions and the development domestic legislation and regulations. François leads Canada's delegation to the IOPC Funds and is a member of the delegation to the IMO's Legal Committee. He has also represented Canada at other international fora including APEC.

François holds a Bachelor's degree in Geography from Laurentian University and a Master's degree in Geography from the University of Ottawa.

Maritime Law 2019 - Legal Updates
• Rory Barnable, BarnableLaw P.C.

We will review a selection of decisions issued within the past year that are relevant to Canadian maritime law.

Rory is the founder of Barnable Law Professional Corporation.

He has been a practicing lawyer since 2002, and has a diverse range of litigation experience. He has appeared before the Supreme Court of Canada, and all levels of court in the provinces of Ontario, and Newfoundland and Labrador. He routinely acts for industry representatives and for insurers, on a wide variety of insurance coverage, defence and subrogation matters, including marine and transportation matters, construction claims, environmental and municipal law matters, among other things.

He is a contributing editor of the construction section for the Toronto Law Journal, and is the chair of the Claims and Loss Prevention Committee for the Canadian Board of Marine Underwriters.

He has been highly reviewed by his peers for ethics and professional standards. Rory is a holder of the BV distinguished® ranking from Martindale- Hubbell® peer review ratings™.

The supply chain of logs
• Mariella Dauphinee, Intact

The presentation discusses the trajectory of raw logs from the time they are cut in the forest, bundled and dumped in the water, transportation via log boom or barge, dry land sorting and river storage. The presentation touches on the impact on the aquatic/coastal environment, as well as risks and claims associated with this line of business.

Mariella Dauphinee started her career in marine insurance in Canada 29 years ago, following an apprenticeship with her father (marine insurance specialist and author). She has a Bachelor of Arts Degree from the University of British Columbia, followed by the CIP (Chartered Insurance Professional) designation, specializing in Marine Insurance from the Insurance Institute of Canada, where she later taught marine insurance courses. She also has a Certificate in Shipping and Marine Operations from the British Columbia Institute of Technology and a couple of years later undertook post graduate studies in Maritime & Logistics Management at the Australian Maritime College. She is the author of the textbook "Manual de Seguros de Transporte Maritimo" (Maritime Transport Insurance Handbook). She is currently a Vice Chair of the Loss Prevention Committee (IUMI), representing Canada (The Canadian Board of Marine Underwriters). She is currently working as Marine Claims Manager for Intact Insurance Company out of Vancouver, where she handles various marine lines, such as cargo, hull & machinery, as well as marine liabilities.

New Cyber Clause
• Shelley Chapelski, Norton Rose Fulbright Canada

Shelley Chapelski is the leader of a team of experienced shipping lawyers within the transport group in Canada. Her practice encompasses both transactional and litigation aspects of maritime law, including maritime contracts, torts, liability claims, creditor's remedies and marine insurance matters. She has been recognized by her clients and colleagues as one of the leading maritime lawyers in Canada.

Shelley drafts and advises on a wide array charter parties, contracts of carriage, moorage contracts, insurance policies and other agreements that arise in maritime and transportation law, including ice pilot (navigator) contracts. She has also advised many users and suppliers of marine services on their obligations and liabilities under Canadian maritime law, including on the carriage of dangerous goods and bunkering operations.

Shelley has handled hundreds of casualties, including collisions terminal damage cases, cargo losses, and pollution events. She has resolved many passenger injury and death claims, including ones subject to the Athens Convention. She has dealt with dozens of vessel arrests and many maritime liens and limitation of liability proceedings. Shelley is a frequent advisor to marine insurers on coverage matters. She also has a particular interest in Canadian Arctic shipping having worked with a number of clients who operate in that region.

Shelley's clients include commercial vessel owners and operators, P&I Clubs and marine insurers, ports and terminals and maritime service providers.

She frequently meets with government representatives regarding the development of maritime law matters in Canada.

Shelley has represented clients in the provincial, supreme and appellate courts of British Columbia, Alberta and the Federal Court of Canada. She has also achieved numerous successful results for clients through mediation and arbitration.

Panel on Wreck Removal Legislation

Moderator – Keeley Wylie, Liberty Mutual Canada

Keeley Wylie is a marine insurance professional with over fifteen years in the industry. She currently manages Liberty Mutual Canada’s marine insurance portfolio where she specializes in all lines of marine insurance including Hull and Protection & Indemnity, Liabilities, Cargo, and Specie.

She is a director of the Canadian Board of Marine Underwriters and director of the Women’s International Shipping and Trading Association.

Keeley holds a Bachelor of Commerce degree from Queen’s University and Fellowship of the Chartered Insurance Professional and Canadian Risk Management designations.

Panelists:

• Brent Chorney, Aon

With more than 20 years of experience providing domestic and international risk solutions for a diverse clientele, Brent Chorney provides compliant risk solutions to clients within the Shipping and Cargo/Logistics industries. He also provides strategic national leadership to four offices with team members located in Toronto, Montreal, Vancouver, and Halifax to grow and develop the Marine Practice in Canada.

Born in the Prairies, and a graduate from the Insurance and Risk Management program from the U of Calgary, Brent began his career in Vancouver before migrating east to establish himself in the Toronto marketplace. Here he quickly assumed higher-level responsibilities and gained the breadth of industry experience as both a Broker and an Insurer for a small number of globally operating organizations before earning his current position as Senior Vice President, National Marine Leader at Aon.

•Steve Price, Travelers