Canadian Lawyer

July 2017

The most widely read magazine for Canadian lawyers

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12 J U L Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m G ary Wharton calls himself "the old guy" as he has spent 32 years carving out a marine law reputation and internationally recognized law firm. But the partner at Bernard LLP isn't looking back in time, he's looking north for new challenges created by global warming. "We are particularly well situated for development work in the Arctic — par- ticularly the Western Arctic," he says. There's a void he sees marine law firms stepping into, as the Arctic opens up, offering new legal work from shipping concerns to environmental and First Nations issues. His firm already has Arctic clients. "It is significant and it is growing already," he says. The northern passage has the poten- tial to provide a summer transport route to Europe and a firm's member sailed it last summer on a private yacht. Global warming will impact tourism, fishing and resource exploration, plus there are con- cerns such as conservation, environmental law and First Nations issues. An opening Arctic is just one more game changer in marine law along with technology, resource development, more legislation, trading patterns and B.C. port developments as business grows. "It was quite different when I started," Wharton says. Cargo clients have disap- peared, replaced by containerization shippers. Casualty or collision litigation has dried up as ships are guided by GPS systems and related technologies. There's also better international accord on regula- tion of vessels, keeping unfit vessels out of Canadian waters. "The bad ships don't come here," he says. "Administration law was once a small part of what we did," according to Whar- ton. That's changed; Canadian and inter- national oversight has deepened. There is also more urgency to unsnarl problems with vessels run afoul in port. Container vessels moving goods want a turnaround in days. Women lawyers in marine law are now common, especially in the marine insurance division. "In our firm here, the last few hires have been women," he says. Marine law was once the domain of larger firms. "In the late 1990s and early \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP MARINE LAW DEMAND BOOMING FOR WEST COAST LAW FIRMS Vancouver Port 12th Annual Canadian Lawyer InHouse General Counsel Roundtable Visit canadianlawyermag.com/inhouse to see our video coverage of these topics: Top challenges of managing in-house, online July 10 Managing external counsel, July 17 Alterna ve fee arrangements, July 24 Hiring for tomorrow, online July 31

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