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, administrative and securities litigation
• Chief Counsel, British Columbia Securities Commission, 1992-1996
• Ministry of the Attorney General, acting exclusively for the British Columbia Securities Commission, 1989-1992

Mark joined the firm's litigation group in 2003 and is Associate Counsel to the firm. Mark has more than 25 years of experience as a commercial litigator, with a 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, where he is also listed in the category of Corporate and Commercial Litigation. Mark is noted in particular for the comprehensive nature of his practice. He typically acts on behalf of persons who are the subject of proceedings initiated by securities regulators, but he has also acted for regulators such as 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, and has acted in the Alberta 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 2006, 2007, 2008, 2009, 2010, 2011, 2012 and in 2013 as a leading lawyer in Corporate & Commercial Litigation and Securities Law.
• Listed in Canadian Legal Lexpert Directory, a directory of leading practitioners and law firms in Canada, from 2005 - 2011 and in 2012 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  
• Formerly, Civil Remedies Committee of the British Columbia Securities Commission
• Formerly, Justice Institute Advisory Committee on Investor Education
• Past member of the BC Law Society Practice Standards Committee, served for 10 years

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:

• October 1 & 2, 2012 Seventh Advanced Securities Compliance, Course Leader, Federated Press, Vancouver
• November 17, 2011, Corporate Governance, CLE, Presenter, Vancouver
• October 17 & 18, 2011, Sixth Advanced Securities Compliance, Course Leader, Federated Press, Vancouver
• October 20 & 21, 2010, Fourth Advanced Securities Compliance, Course Leader, Federated Press, Vancouver
• 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.
• October 2008 Panelist at the 2nd Annual National Centre for Business Law conference on Provincial Securities Regulation

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