Photo of Mark E. Fancourt-Smith

Mark E. Fancourt-Smith

  • Jean Mai
  • Legal Assistant
  • P: 604.408.5421


Mark's practice encompasses a broad range of commercial disputes, including technology and intellectual property litigation, protection of trade secrets, breaches of fiduciary obligation, and fraud. He has particular experience with injunctions, trade-mark protection, mining disputes involving confidential information, and the area of preservation and discovery of electronic documents and records in complex litigation. Mark has appeared as counsel in the Supreme Court of British Columbia, the British Columbia Court of Appeal, and in the Federal Court.

Mark is a regular contributor to Lawson Lundell’s Western Canada Business Litigation Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.

Professional Activities

  • Canadian Bar Association, Member

Community Activities

  • Vancouver Bar Association, President (2014 to Present)
  • Vancouver Bar Association, Executive Member (2011 to 2014)
  • The University of British Columbia, Civil Procedure, Guest Lecturer (2007 to present)
  • UBC Law Alumni Association, 2003 - 2010, Treasurer (2003 - 2009)
  • UBC Faculty of Law Advanced Trial Advocacy Seminar, Course Co-ordinator (2004 - 2006)

Bar Admissions

  • British Columbia (2003)


  • Queen’s University (B.A., (Hons), 1994)
  • University of British Columbia (LL.B., 2002)

Representative proceedings include:

  • Erschbamer v. Wallster, 2014 BCSC 2171
  • Erschbamer v. Wallster, 2013 BCCA 76
  • Zoic Studios BC Inc. v. Gannon, 2012 BCSC 1322
  • Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196
  • Cassiar Watch v. Ministry of Fisheries and Oceans et al, 2010 BC 152
  • B.C. Transmission Corporation v. Lemoignan, 2008 BCSC 1221
  • British Columbia Transmission Corporation v. Lemoignan, 2008 BCSC 1045
  • British Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation and Safety Board, 2008 BCCA 40
  • British Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation and Safety Board, 2007 BCSC 1434
  • Ruwenzori Enterprises Ltd. v. Walji, 2006 BCCA 448
  • Novawest Resources Inc. v. Anglo American Exploration (Canada) Ltd. et al., 2006 BCSC 769
  • Hermes Canada Inc. v. Henry High Class Kelly Retail Store, 2004 BCSC 1694
  • Ruwenzori Enterprises et al. v. Walji et al., 2004 BCSC 741