Toronto Law Firm

Expertise

Transportation Insurance & Claims Mediation & Arbitration International Business Energy

Year of Call

Ontario 1982

Education

LL.M. London School of Economics and Political Science, 1981 J.D. Osgoode Hall Law School, 1979 B.Sc. University of Toronto, 1976 Q. Arb. 2019 FCIArb 2020

Rui M. Fernandes

Rui Fernandes represents domestic and international clients involved directly and indirectly in transportation, insurance and related industries. He is involved in all aspects of transportation law (aviation, marine, trucking, rail, freight forwarding, logistics, customs and trade, and warehousing). He advises clients with respect to contract and commercial law including risk analysis and regulatory matters. He provides corporate and commercial advice to foreign clients setting up and doing business in Canada.

His insurance practice includes policy drafting, coverage issues, errors and omissions claims, professional liability claims, marine and aviation, inland marine, property and casualty liability defense, products liability and subrogation. He also represents insurance brokers, insurance agents, managing general agents and marine surveyors.

Rui holds certificates from the University of Windsor for its ADR Workshop and for its Advanced ADR Workshop and Pepperdine University for its STAR program (Systematic Approach to Mediation Strategies). He is a qualified arbitrator and obtained his Q. Arb. designation in 2019 and his FCIArb in 2020. Mr.Fernandes has conducted numerous mediations and arbitrations both as counsel and as a mediator or arbitrator.

Rui also brings experience to his practice from his business background in running a number of successful businesses including vessel chartering, biotechnology, small hydroelectric and publishing.

He has appeared and represented clients before: The Supreme Court of Canada, The Federal Court of Appeal, The Federal Court of Canada, The Ontario Court of Appeal, The Ontario Superior Court, The Nova Scotia Court of Appeal, The Nova Scotia Superior Court, The British Columbia Supreme Court, The Alberta Court of Queen’s Bench, The Canadian International Trade Tribunal, The Canadian Transportation Agency, The Transportation Appeal Tribunal of Canada, and before the Registered Insurance Brokers of Ontario Discipline Committee.

Peer and Client Comments

“Clients highlight his strategic thinking and excellent litigation skills, as well as his ‘ability to clearly and plainly set out the direction a case will take with impressive accuracy.” – Chambers Canada

“Rui is simply an outstanding lawyer, both in terms of day-to-day representation of clients and also in scholarly understanding of the law” – Martindale & Hubbell

“I have known Rui Fernandes for many years. He is an outstanding person and lawyer. He has the very highest ethical standards, and he is a very fine lawyer.” – Martindale & Hubbell

“Rui is a leading senior member of the bar in the maritime law and transportation law fields in Canada. He is a published author in both areas and also a recognized advocate in maritime law and transportation law cases before trial and appellate court.” – Martindale & Hubbell

“Rui Fernandes is a top notch lawyer who stands out for his vast experience before state and federal courts, as well as his intricate knowledge of maritime and insurance law.” – Who’s Who Legal

Membership and Activities

• Canadian Maritime Law Association (Executive member, Central Regional Vice President);
• Advocates’ Society;
• Canadian Board of Marine Underwriters;
• Association of Average Adjusters of the United States and Canada (Past President, Canada)
• Association of Maritime Arbitrators of Canada;
• Canadian Transport Lawyers Association (Past President);
• Marine Club (Past President);
• Transportation Lawyers Association
• Bluestone ADR, Panelist
• The Grunt Club
• Canadian International Freight Forwarders Association (Current Legal Counsel and Director)
• Toronto Transportation Club
• The Chartered Institute of Logistics and Transport
• Passenger & Commercial Vessel Association
• ADR Institute of Ontario
• Toronto Commercial Arbitration Society

Distinctions

• Included in The Legal 500 Canada – Leading Individual 2018
• Listed in Lexpert as a leading practitioner and most frequently recommended lawyer in Transportation (Rail & Road) and Shipping and Maritime Law, as well as Commercial Insurance
• Listed in the International Who’s Who of Shipping and Maritime Lawyers
• Listed in Chambers Global 2020™ – (Transportation and Shipping)
• Listed in Who’s Who Legal Canada for Shipping and Maritime Law and for Transportation
• Listed in Best Lawyers in both Maritime Law and Transportation Law. He was Best Lawyers 2014 Transportation Lawyer of the Year for his region.
• Listed in Martindale-Hubbell with a peer review rating of AV® Preeminent™
• Doyles Guide – Leading Transport Lawyers – Canada: Preeminent

Key Publications

• “Marine Insurance Law of Canada”, Butterworths Canada, 1987;
• “The Marine Club 1939-1989: Five Decades to Remember”, Gallery Publications, 1988;
• Co-author of “The Annotated Canada Shipping Act”, Butterworths Canada, 1988.
• “Shipping and Admiralty Law”, Carswell, 1995;
• Contributing Editor “Canadian Encyclopedic Digest: Insurance- Part XIII Marine Insurance”, Carswell 1995.
• “Boating Law of Canada (2nd Edition)”, Aerospark Press, 2004;
• “Transportation: Carriage of Goods” Halsbury’s Laws of Canada, 2011 and 2020
• “Railway Law” Halsbury’s Laws of Canada, 2011, 2016 and 2020
• “Maritime Law” Halsbury’s Laws of Canada, 2012, 2016 and 2020
• “Transportation Law”, Aerospark Press, 1991-Present

Notable Cases

• National Refrigerator & Air Conditioning Canada Corp. v. Celadon Group Inc., 2016 ONCA 339
• J.D. Irving, Limited v. Siemens Canada Limited, 2016 FC 69
• Mckeil Marine Limited v. Canada (Attorney General), 2016 FC 1063 (CanLII)
• Siemens Canada Limited v. J.D. Irving Limited, 2012 FCA 225 (CanLII)
• Buckley v. Buhlman, 2012 FCA 9 (CanLII)
• Mcintosh v. Royal & Sun Alliance Insurance Company of Canada, 2007 FC 23 (CanLII)
• Samuel Son & Co. Ltd. v. Kapitonas Gudin (The), 2002 FCT 101 (CanLII)
• Viktor Overseas Ltd. v. M.V. Filomena Lembo (The), 1997 CanLII 5733 (FC)
• Ordon Estate v. Grail, [1998] 3 SCR 437, 1998 CanLII 771 (SCC)

Industries and Individuals Served

• Airlines, Vessel Owners and Operators, Rail Carriers, Road Carriers, Freight Forwarders, 3PL Providers, Warehouse Owners and Operators, Customs Brokers, Manufacturers, Suppliers and Distributors
• Insurance Companies, Insurance Brokers, Managing General Agents, Insurance Adjusters, Surveyors
• Small Hydroelectric Power Operators
• Food and Pharmaceutical Industry