Marko Vesely

Recently, Marko has:

Successfully defended the National Energy Board at the Alberta Court of Appeal in a case brought by Geophysical Services Incorporated alleging the NEB’s disclosure to the public of seismic data collected in Canada’s north and offshore was a violation of the Copyright Act. The Court unanimously agreed with the NEB’s position. (Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125).

Represented BC Hydro in the successful defence of a proposed class action concerning the alleged impacts of exposure to emissions generated from smart meters on BC Hydro’s 1.9 million residential and commercial customers (Davis v. British Columbia Hydro and Power Authority, 2016 BCSC 1287)Represented a lender in the successful settlement of a class action concerning the alleged miscalculation of interest rates under adjustable residential mortgages (Bell v. Merix Financial Inc., BCSC, Jan 20, 2015)Represented a forest company in the successful settlement of a class action concerning reductions to post-retirement health benefits (Dyer v. Weyerhaeuser Co. Ltd., BCSC, Sept 12, 2014)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 both plaintiffs and defendants in defamation actions involving the print and online mediaDefended various financial services companies and their licensed financial advisors in civil actions and in prosecutions before the B.C. Securities CommissionSuccessfully represented the purchaser of a private post secondary school in a commercial arbitration to resolve disputes arising from the purchaseRepresented a major BC utility in striking out a class action brought against it (Strata Plan LMS 1816 v. BC Hydro, 2002 BCSC 485)