Marko Vesely

Marko practices civil and commercial litigation, with a focus on defamation, copyright and other intellectual property disputes securities litigation, class actions, products liability cases, and commercial arbitrations. He has appeared as lead counsel at all levels of court in British Columbia, the Supreme Court of Canada, the Federal Court of Appeal, before the Trade-marks Opposition Board, and as defence counsel before the British Columbia Securities Commission. Marko is the head of the firm’s Defamation and Media Law Group.

Marko is a regular commentator on legal affairs on CBC television, CBC radio, CKNW radio, News 1130, the Vancouver Sun, the Globe and Mail, the Toronto Star, BC Business magazine, Lexpert magazine, and Canadian Corporate Counsel magazine.

Recognition and Ranking

• Lexpert 2011 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada: recognized as a “Litigation Lawyer to Watch"
• 2010 Lexpert Rising Star Award: recognized as one of Canada’s Leading Lawyers under 40

Professional Activities

• Langara College, Publishing Program, guest lecturer on copyright and defamation
• Canadian Bar Association, Member
• Vancouver Bar Association, Member
• Western Canada Business Litigation Blog, Contributor

Bar Admissions

• British Columbia (2000)
• Saskatchewan (2005)

Education

• Simon Fraser University (B.A. (Hon.), 1994)
• University of Toronto (LL.B., 1998)

Recently, Marko has:

• Successfully defended a $53-million defamation action involving an international mining project (Monument Mining Ltd. v. Balendran Chong & Bodi, 2012 BCSC 1769)
  
• Represented the BC Civil Liberties Assn. before the Supreme Court of Canada in opposing a publication ban over allegedly defamatory speech (A.B. v. Bragg Communications Inc., 2012 SCC 46)
  
• Represented dissident shareholders in successfully setting aside the results of a proxy contest at a corporate Annual General Meeting (International Energy and Minerals Resources v. Mosquito Consolidated Gold Mines Limited, 2012 BCSC 1191)
• Represented a website owner in the first case in Canada and the Commonwealth to enforce passive (or “browse wrap”) online terms of use and related copyright claims (Century 21 Canada LP v. Rogers Communications Inc., 2011 BCSC 1196)
• 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)
• Successfully defended an international publishing company and its author in a copyright infringement action (Thumbnail Creative Group Inc. v. Blu Concept, 2009 BCSC 1833)
• 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)