Mark Evans is a member of the Litigation and Dispute Resolution group of Dentons’ Toronto office and co-leads the global Fraud and Asset Recovery sub-group. His practice focuses on securities, broker-dealer, banking and fraud related litigation.
Mark represents clients in dozens of broker-dealer matters covering all aspects of the industry including discount brokerage, retail and managed portfolio relationships. His clients include a number of brokerage houses and financial institutions that he represents at all levels of court in Ontario, at arbitration proceedings and before various regulatory tribunals including the Investment Industry Regulatory Organization of Canada, the Ontario Securities commission and the Nova Scotia Securities Commission. Mark also co-ordinates and prosecutes banking and investment related frauds and the recovery of misappropriated assets.
Mark is recognized by the International Who’s Who of Business Lawyers as one of the top Asset Recovery lawyers in Canada. In February 2012, Mark was the sole Canadian winner of the International Law Office Client Choice Award for Litigation.
- Securities dealer: Acting in obtaining summary dismissal of CA$10 million wrongful dismissal action.
- Canadian chartered bank: Acting as counsel in asset recovery involving cheque – kiting scheme.
- Various issuers: Acting as counsel regarding OSC emerging markets disclosure reviews.
- US-based issuer: Acting as counsel relating to Canadian listing matters.
- Auditors of CV Technologies (the makers of Cold-FX): Defending audit firm in a CA$100 million class action lawsuit brought on behalf of the company’s shareholders. This lawsuit represents one of the first test cases for secondary market disclosure legislation recently implemented in both Alberta and Ontario. The matter was ranked among the top ten suits of 2009 by LEXPERT (Ainslie v. CV Technologies Inc. et al., 2009 CanLII 7165 (ONSC), 2008 CanLII 63217 (ONSC) and Driedger v. CV Technologies Inc. et al, (Alta. Ct. File No. 070107508)).
- Royal Bank of Canada and RBC Dominion Securities: Acting as counsel in connection with the collapse of the asset backed commercial paper market.
- Teranet Inc.: Successfully representing in multi-million dollar dissenting shareholder dispute. (Teranet Inc. v. Canarab Marketing Corp. (2008), 54 B.L.R. (4th) 138 (Ont. S.C.J. - Comm. List)).
- Jones Heward Investment Counsel: Acting as counsel in investment portfolio management case. (2878852 Canada Inc. v. Jones Heward Investment Counsel, 2007 CarswellOnt 90 (C.A.)).
- Multi-national banking institution: Acting in locating funds, obtaining freeze orders and ultimately recovering CA$1.8 million in fraud proceeds located domestically and in Africa (100% recovery).
- Canadian reinsurer: Acting as counsel in Trinidad proceedings alleging procurement fraud in airport construction.
- National consulting firm: Acting as counsel in defending a CA$10 million E+O claim concerning captive insurance issues.
- Multinational consultancy and insurance firm: Providing ongoing advice as co-Canadian counsel.
- Large insurance organization: Successfully acting in respect of concurrent arbitral and Court of Appeal proceedings regarding termination rights under an agency agreement.
- Canadian mining concern: Acting as counsel regarding a dispute over security terms.
- Multi-national financial institution: Acting as counsel in connection with a significant securities regulatory investigation in Ontario.
- Canadian Imperial Bank of Commerce et al. v. Deloitte & Touche et al., Court File No. 00 CV 201162CP: Representing in an action by former lenders of Philip Services Corp. for alleged audit negligence.
- Auditor of a publicly traded company: Acting in context of a shareholder action based on prospectus misrepresentation.
- Various clients: Acting as litigation counsel in numerous Plan of Arrangement proceedings brought before the Ontario Superior Court of Justice.
- Canadian investment dealer: Acting as counsel in recovery of damages related to fraudulent stock manipulation scheme.
- National investment dealer: Acting in respect of a significant anti-money laundering investigation and related regulatory proceedings.
- Major forest products company: Acting in a domestic arbitration with respect to a share valuation dispute.
In the Media
- Profiled in "McMillan, FMC partners snag Client Choice Awards," Article by Kendyl Sebesta, Canadian Lawyer, February 24, 2012
- Profiled in "FMC Law partners win ILO Client Choice Awards," Article by Mitch Kowalski, National Post, February 23, 2012
- Quoted in the article "Litigation No Longer Just About Advocacy," Law Times, March 14, 2011
- Quoted in the article "Retooling Litigation," published by LEXPERT magazine, March 2010
- Cover Interview, "Savvy Advice Averts Lawsuits," Law Times, August 2009, Vol. 20, No. 25
- Mark G. Evans & Ara Basmadjian, “Ontario Securities Commission Willing to Accept ‘No Contest’ Settlements,” (17 March 2014), online: Canadian Securities Litigation
- Current Issues in Securities Regulation (Presentation)
- "Court Clarifies the Requirement of 'Damage' and its Impact on Limitation Periods", International Law Office, April 2012
- "Court Confirms IIROC's Jurisdiction Over Investment Dealer Members", International Law Office, March 2012
- "Liability for Secondary Market Misrepresentation in Canada", International Law Office (April 2011)
- "Still Between a Rock and a Hard Place - An Update on Kovacs v. TD", ILO Online Magazine (January 2011)
- "When Shoppers Aren't Merry - Strategies for the Holiday Season" (December 2010)
- "Kovacs v. TD Bank Financial Group - Caught Between a Rock and a Hard Place", ILO Online Magazine (July 2010)
- "The Gatekeeper Requirement and Secondary Market Liability Class Actions in Canada", Digital Guide to Litigation, Arbitration and Dispute Resolution (2010)
- "Post-membership Discipline - A Price of Admission", Focus on Securities Litigation (October 2009)
- "Poison Pills Revisited: The OSC decision in Neo Material Technologies Inc.", Focus on Securities Litigation (September 2009)
- "The 2010 Guide to Litigation, Arbitration and Dispute Resolution", Executive View Media Limited (March 2010)
- "Offshore Accounts: Investors Can't Have Their Cake and Eat it Too", Focus on Securities Litigation (December 2003)
- Contributing-author, "Asset Tracing and Recovery - Part II Country Specific Possibilities for Asset Tracing and Recovery (Canada)", Erich Schmidt Verlag GMBTL & Co., Berlin (2009)
- Co-author, "Court Comments on Scope of Officers’ and Directors’ Liability", International Law Office (February 2006)
- Co-author, "An Overview of Defending Broker Liability Actions", Canadian Institute, 4th Annual Forum on Securities Litigation (November 2004)
- "Class Action Litigation in the Securities Context", CLE Conference (March 2002)
Activities and Affiliations
- Member, Canadian Bar Association
- Member, Advocates’ Society, Securities Litigation Section
- Member, Toronto Lawyers’ Association
Community Involvement and Pro Bono
- Mentor, TRIEC
- Mentor, Coach, Lawrence Park Association (Soccer)
- Active volunteer in Pro Bono Duty Counsel Program through the Advocates’ Society
- Chair, FMC Professional Development Program (Litigation)
- "Persuasive Writing for Advocates" (Toronto, 2011)
- Instructor, Expert Witness Workshop (Toronto, 2008 and 2011)
- "Responding to employee fraud: Managing the employment investigation and asset recovery options", Dentons' Spring Employment and Labour law update, May 1, 2014
- "Effective Tactics to Stop or Resolve Claims Early in Today's Class Actions Environment: Defence Panel Discussion", The Canadian Institute's 13th Annual National Forum on Class Actions Litigation, Toronto, September 2012
- "Hear From Both Sides of the Enforcement Divide!", current issues in Securities Regulation, Second Annual Securities Symposium, Toronto, September 2012
- "Choosing or Challenging An Appropriate Representative Plaintiff", Canadian Institute Class Actions Litigation Bootcamp, Toronto, April 2012
- The Aging Investor - A Case Study, Toronto, May 2011
- "The Money Went Where?", Cross Border and International Fraud and Asset Recovery, Chicago, October 2010
- “Investing in Compliance – When the Regulators Come Knocking Will You Be Ready?” A seminar relating to OSC and IIROC compliance matters co-presented by Dentons and Deloitte & Touche LLP, Toronto, May 2009
- “Aging Clients – Risks and Opportunities for Investment Dealers”, Toronto, 2008