Marko Vesely KC, FCIArb*

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Marko has over 25 years of experience assisting clients with contentious business disputes in civil litigation and commercial arbitration.

His broad practice includes a particular focus on class actions, cross-border disputes, shareholder litigation, and defamation and media law. Marko also has extensive experience in administrative law, including representing clients before administrative agencies and in the judicial review and appeal of administrative decisions. He has appeared as lead counsel before the Supreme Court of Canada, the Federal Court of Appeal, and at all levels of court in British Columbia and Alberta. He has also served as an arbitrator.

Marko was appointed a King’s Counsel in 2023 and made a Fellow of the Chartered Institute of Arbitrators in 2025.

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Experience

Represented BC Hydro in successfully upholding the validity of regulations governing energy use for cryptocurrency mining (Conifex Timber v. British Columbia, 2024 BCSC 177).
Represented a pharmaceutical distributor in an intended national class action commenced by the Province of B.C. to recover the costs of the opioid epidemic, resulting in a discontinuance of all claims without payment.
Successfully challenged the jurisdiction of the BC courts to hear claims against parties based in Korea and had other defences struck as disclosing no cause of action (Bang v. Kim, 2022 BCSC 1893).
Obtained summary dismissal of a defamation claim against Canada’s national broadcaster (Indigenous Tourism Assn. of Canada v. Canadian Broadcasting Corporation, 2022 BCSC 2030).
Successfully defended a university in an intended class action alleging frustration of contract due to the Covid-19 pandemic; the action was dismissed on its merits by summary judgment (Elsser v. University of Victoria, 2022 BCSC 580).
Successfully challenged the jurisdiction of the BC courts to hear an action in defamation and abuse of process against individuals and companies resident in the United States (Genex Strategies Inc. v. Keefer, 2021 BCSC 2223).
Appeared on behalf of defendants in the Alberta Court of Appeal in upholding a claim of settlement privilege over key documents, leading to the subsequent discontinuance of the action (Phoa v Ley, 2020 ABCA 195).
Obtained an order on judicial review to set aside a decision of the Office of the Information Privacy Commissioner that would have permitted the release of sensitive financial information of numerous pension plans (2018 BCSC 1080).
Successfully defended the Canada Energy Regulator (formerly National Energy Board) at trial and in the Alberta Court of Appeal in a case 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 (Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125, affirming 2016 ABQB 230).
Represented BC Hydro in successfully opposing an application for leave to appeal certain aspects of the BC Utilities Commission’s decision setting rates for the utility’s customers. (BCOAPO v. BC Utilities Commission, 2017 BCCA 400).
Obtained dismissal of a far-ranging conspiracy claim arising from a real estate transaction (Nederland Holdings Inc. v. British Columbia, 2017 BCSC 2138, affirmed 2018 BCCA 373).
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 national newspaper in successfully opposing a subpoena seeking to reveal information given to one of its reporters (Pakenham v. Maley, 2016 BCSC 1744).

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