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Rui M. Fernandes, Partner

Direct Tel: 416-203-9505
Fax: 416-203-9444
E-Mail: rui@fernandeshearn.com
Twitter: @RuiMFernandes

Areas of Practice

  • Transportation Law (Aviation, Marine, Rail, Trucking, Freight Forwarding and 3PL, Warehousing, Customs and Trade)
  • Insurance
  • Mediation and Arbitration
  • Products Liability in Transportation
  • Personal Injury in Transportation

Industries and Individuals Served

  • Aviation, Marine, Rail, Trucking, Freight Forwarding, 3PL, Warehousing, Customs and Trade, and Manufacturers, Suppliers and Distributors
  • Insurance, Insurance Brokers, Managing General Agents, Insurance Adjusters, Marine Surveyors
  • Small Hydroelectric Power Operators
  • Food and Pharmaceutical Industry Logistics and Security

Experience and Representation

Mr. Fernandes 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, Registered Insurance Brokers of Ontario.

Background

Mr. 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 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. Mr. Fernandes holds certificates from the University of Windsor for its ADR Workshop and for its Advanced ADR Workshop. Mr. Fernandes has conducted numerous mediations and arbitrations has assisted clients as a private arbitrator involving transportation and commercial matters.

Mr. Fernandes also brings experience to his practice from his business background in running a number of successful businesses including vessel chartering, bio-technology, small hydroelectric and publishing.

Distinctions

  • Included in Lexpert American Lawyer Guide to the leading 500 lawyers in Canada
  • 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 2017 - (Transportation and Shipping)
  • Listed in Who's Who Legal Canada for Shipping and Maritime Law
  • 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™

Education

  • Admitted to Ontario Bar, 1982;
  • CMILT - Chartered Member, The Chartered Institute of Logistics and Transport;
  • LL.M. - London School of Economics and Political Science, 1981;
  • J.D. - Osgoode Hall Law School, 1979;
  • B.Sc. - University of Toronto, 1976.

Memberships and Activities

Publications - Textbooks

  • "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 Law", Aerospark Press, 1991-Present
  • "Transportation: Carriage of Goods" Halsbury's Laws of Canada, 2011
  • "Railway Law" Halsbury's Laws of Canada, 2011 and 2016
  • "Maritime Law" Halsbury's Laws of Canada, 2012 and 2016
  • “Doing Business in Canada” May 2015
  • “Canadian Air Law” (available December 2018)
  • “Canadian Trucking Law” (available February 2018)

Mr. Fernandes has also published over a hundred articles in various journals and educational publications in the transportation area.