Advocate Jan 2014

THE ADVOCATE VOL. 72 PART 1 JANUARY 2014
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The Honourable Madam Justice Catherine Ryan retired from the Court of
Appeal effective September 15, 2013. Madam Justice Ryan articled at
Boughtons and spent her entire career with the Ministry of the Attorney
General, in the later stages of which she practised almost exclusively before
the Court of Appeal. She was appointed to the County Court in 1987 and
became a Supreme Court Judge with the merger of the two courts.
The Honourable Madam Justice Jo-Ann Prowse retired from the Court of
Appeal effective August 31, 2013. Madam Justice Prowse articled at Russell
and DuMoulin and worked for six months as an associate with that old firm.
Then she, Hamar Foster and Donald Williamson formed a firm with an
office in Maple Tree Square, in Gastown. She was appointed to the County
Court of Vancouver in December 1986.
In 2012 British Petroleum (“BP”) pleaded guilty to 14 criminal charges,
including manslaughter and admitted negligence in misreading important
tests prior to the explosion on its oil rig in the Caribbean, which killed 11
workers and spilled countless barrels of oil into the sea in 2010. BP has
already paid $4.5 billion in fines and other penalties and over $42 billion in
cleanup costs and compensation for victims. Now BP is facing the second
phase of a civil trial in U.S. Federal Court in New Orleans. The plaintiff is
the U.S. federal government. The first phase of the trial, which took place
over two months earlier this year, centred on the issue of whether BP was
guilty of negligence (already admitted) or gross negligence. Judge Carl J.
Barbier has not yet ruled on this issue.
If the judge rules in favour of the American government’s position that
there was gross negligence and that 4.2 million barrels were spilled, then
the fines could amount to as much as $18 billion. The negligence, gross or
otherwise, consists not only in facilitating the explosion in the first place,
but also in not stemming the flow more quickly.
BP contends that it was guilty of mere negligence and that only 2.45 million
barrels were discharged into the sea. Those who know about these things
maintain that if the worst happens, BP could come close to bankruptcy.
Now, the gnomes who compile “Bench and Bar” were puzzled that a civil
action by the federal government against BP could result in fines. Gnomic
inquiries turned up the fact that some of the claims are being made pursuant
to the Clean Water Act, 33 U.S.C. §1251 et seq. (1972), which provides for civil
fines: a minimum of $1 for every barrel spilled through simple negligence to
$5,300 per barrel if there is a finding of gross negligence. Experts will be
called to testify about the amount spilled. The trial is expected to become a