Mark Skwarok * Associate Counsel Vancouver Tel : 604.691.7435 Fax : 604.691.7358 Email : mark.skwarok@mcmillan.ca * Law Corporation VCard :

Professional Activities

• Private practice of law, commercial, criminal and securities litigation
• Chief Counsel, British Columbia Securities Commission, 1992-1997
• Ministry of the Attorney General, acting exclusively for the British Columbia Securities Commission, 1989-1992

Mark Skwarok has been a partner in the firm's Vancouver office since 2005, having joined the firm's Litigation Group as an associate counsel in 2003. Mark has more than 25 years of experience as a commercial litigator, with a primary focus on securities litigation.  He is recognized as one of Canada's leading practitioners in securities litigation by such authorities as the Lexpert Directory and the peer-selected Best Lawyers in Canada.  He is noted in particular for the comprehensive nature of his practice regularly acting both for and against securities regulators.  Mark has also acted for the TSX Venture Exchange, the TSX, the Investment Dealers Association, the U.S. Securities Exchange Commission and the British Columbia Securities Commission.

Mark has in-depth understanding of the senior securities regulator's perspective, reflecting his representation (including five years as Chief Counsel) of the British Columbia Securities Commission.  He has frequently acted in every level of court in British Columbia, as well as the Albera Court of Appeal and Supreme Court of Canada. He has also frequently acted in administrative proceedings before the British Columbia Securities Commission, as well as the Alberta Securities Commission and other administrative bodies. 

Special Recognition

• Listed in Best Lawyers in Canada 2009, 2010, 2011 and 2012 as a leading lawyer in Securities Law.
• Listed in Canadian Legal Lexpert Directory 2010, a directory of leading practitioners and law firms in Canada, as a leader in Securities Litigation.
• Received a "BV" Peer Review Ranking from Martindale-Hubbell.

Memberships

• Vancouver Bar Association
• Litigators advisory committee to the British Columbia Securities Commission
• Practice Standards Committee for the Law Society of British Columbia
• Formerly, Civil Remedies Committee of the British Columbia Securities Commission
• Formerly, Justice Institute Advisory Committee on Investor Education

Teaching Engagements

Mark has taught various training programs for enforcement investigators and lawyers, such as:

• Instructor, Securities Investigator Training course, Barrie, Ontario - training of RCMP and FBI officials, and national securities commission investigators on securities fraud and stock market manipulation.
• Instructor, Securities Compliance and Supervision Training Program provided by the Justice Institute of B.C.
• Guest lecturer, the University of British Columbia both in securities law and legal ethics courses.
• Presenter at various other courses and seminars on securities regulation.

Mark has a wealth of experience in the prosecution and defence of numerous complex hearings before all levels of the court.  Some examples include:

• Appeared before the British Columbia Securities Commission on behalf of Eron Mortgage Corporation and Pacific International Securities Inc.
• Acted as counsel in many appeals before the B.C. Court of Appeal and the Supreme Court of Canada.
• Acted on several of the leading court cases dealing with the jurisdiction and powers of the Securities Commission, the application of the Charter of Rights and Freedoms in the context of securities investigations and hearings, and procedural fairness issues such as the standards of pre-hearing disclosure.
• Acted for the B.C. Government in litigation in the B.C. Supreme Court and the Court of Appeal in a trust law case securing funds for Westar employees following the company's bankruptcy.

Seminars and Presentations

As a leading practitioner on securities litigation issues, some of Mark's speaking engagements include:

• Speaker at conferences sponsored by the Continuing Legal Education Society, Insight, North American Securities Administrators, North American Securities Dealers, Northwest Securities Regulators, and the Canadian Institute of Chartered Accountants.

April 29, 2008 Litigation and Shareholders Disputes Calgary

February 25, 2008 to February 26, 2008 Second Advanced Securities Compliance Chair and Presenter, Federated Press, Vancouver

January 30, 2006 Appeals from British Columbia and Alberta Securities Commission Decisions Western Canadian Securities Litigation Advanced Forum, Calgary

November 22, 2005 Civil Liability Under the Ontario Securities Act Lang Michener Five O'clock Seminar, Toronto