Experience

Recently, Marko has:

• Successfully defended a defamation action arising from an international mining development (Monument Mining Ltd. v. Balendran Chong & Bodi, 2009 BCSC 1422)
• Represented the Government of Canada in tobacco class action and health care cost recovery actions (B.C. v. Imperial Tobacco Canada Ltd., 2009 BCCA 540; Knight v. Imperial Tobacco Ltd., 2007 BCSC 964)
• Enforced letters of request from a foreign court to obtain evidence in BC (Maverick LNG Holdings Ltd. v. Teekay Shipping (Canada) Ltd., 2009 BCSC 1538)
• Successfully defended a civil fraud and conspiracy action concerning the transfer of commercial real estate (Clock Holdings Ltd. v. Braich, 2008 BCSC 1697, appeal dismissed 2009 BCCA 269, 2009 BCCA 437)
• Successfully defended a major telecommunications company in an action concerning the administration of its pension plan (Patrick v. Telus Communications Inc. 2008 BCCA 246, 2007 BCCA 200, and 2006 BCSC 854)
• Overturned on appeal the certification of a major pension class proceeding and obtained a stay of that proceeding in favour of arbitration (Ruddell v. BC Rail Ltd., 2007 BCCA 269)
• Represented the trustees of a long term disability plan in having a claim alleging breach of duty in the administration of the plan summarily dismissed (Atco Lumber v. Leech, 2006 BCSC 524)
• Represented both plaintiffs and defendants in defamation actions involving the print and online media
• Successfully defended an international publishing company and its author in a copyright infringement action (Thumbnail Creative Group Inc. v. Blu Concept, 2009 BCSC 1833)
• Defended various financial services companies and their licensed financial advisors in civil actions and in prosecutions before the B.C. Securities Commission
• Obtained and enforced Anton Piller orders (private search warrants) and Mareva orders (asset freezing orders) in connection with the prosecution of commercial fraud cases
• Successfully represented the purchaser of a private post secondary school in a commercial arbitration to resolve disputes arising from the purchase
• Represented a major BC utility in striking out a class action brought against it (Strata Plan LMS 1816 v. BC Hydro, 2002 BCSC 485)

News / Publications

"SCC says 'yes' to secret sources, 'no' to constitutional immunity", Canadian Corporate Counsel, (June 2010), co-authored with Chris Dafoe

"The Law of Defamation: A Primer", co-authored with The Honourable Judge Thomas S. Woods

"Just a click away?: Internet hyperlinks and defamation liability", Canadian Corporate Counsel, Vol. 18 No. 3 (Nov/Dec. 2008), co-authored with Chris Dafoe

“Cusson v. Quan: the ‘responsible journalism’ defence comes to Canada”, Canadian Corporate Counsel, Vol. 17, No. 7 (June 2008), co-authored with Chris M. Dafoe

“Safe to slander city hall? Ontario court bars defamation suits by government bodies”, Canadian Corporate Counsel, Vol. 17, No. 5 (March / April 2008), co-authored with Chris M. Dafoe

"The Implied Undertaking Rule" (December 4, 2007)

“British Columbia Overturns Class Action Certification”, Pension Planning, Vol. XIII, No. 4 (2007), Co-authored with Craig Ferris

“Ruddell v. BC Rail Ltd. Case Comment” Class Action Defence Quarterly, Vol. 2, No. 2 (December 2007), Co-authored with Craig Ferris

“Defamation over the Internet: The Difficult Question of Jurisdiction” (March 15, 2004)

“Recovering the costs of legal research” Legal Research, Vancouver: Continuing Legal Education Society of B.C., (2004)

“Recovery of payments made under practical compulsion” Canadian Corporate Counsel, Vol. 13, No. 6 (2004)

“Common interest privilege in the commercial context: When can privileged information safely be shared?” Canadian Corporate Counsel, Vol. 12, No. 4 (2003)

“Collateral attack of administrative orders outside of the penal context” Regulatory Boards and Administrative Law Litigation, Vol. 5, No. 2 (2002), Co-authored with C.W. Sanderson, Q.C.

“Counsel fees in class actions” Class Actions, Continuing Legal Education Society of B.C., Vancouver (2000), Co-authored with R.L. Hayley

Conferences

"Trustee Liability", 5th Pension Law & Litigation Course: Protecting the organization in an era of increased pension liabilities, shortfalls and litigation, Federated Press (March 17-18, 2010), Co-lecturer

“The Implied Undertaking Rule” Advocates Club in Vancouver (December 5, 2007), Paper

“Legal Research” Continuing Legal Education Society of B.C. conference (2004), Co-Chair