Mark S. Oulton

Partner

E: moulton@nst.ca
T: 778.945.1473

Assistant Details

Andreea Ardeleanu
E: aardeleanu@nst.ca

  • Biography
  • Experience

Mark Oulton is senior litigation counsel practicing general commercial and administrative litigation with a focus on forestry related matters.  For over 20 years, Mark has appeared regularly as counsel before the Forest Appeals Commission, all levels of the British Columbia Courts and the Supreme Court of Canada. He also has an active commercial arbitration and mediation practice, representing clients in all manner of disputes.  Mark’s focus is on solving his clients’ problems, whether through advocacy, advice, litigation or alternative forms of dispute resolution.  Mark’s greatest reward professionally has been and remains the long-term relationships that he has developed with his clients and colleagues. He finds pleasure in the many opportunities this profession provides to continue learning.

  • Clerk to the Honourable Mr. Justice F. McDonald of the Federal Court of Appeal 1998-1999
Education
  • British Columbia Bar, 2000
  • L.L.B., Osgoode Hall Law School, York University, 1998
  • M.E.S., York University, 1998 (Major Paper – “Opportunities for Conservation and Self-Sufficiency: The Co-existence of Aboriginal Rights and Fisheries Management within the B.C. Salmon Fishery”)
  • B.Sc. (Chemistry), University of British Columbia, 1991
Recognition
  • Ranked as a “Litigation Star” in Administrative and Commercial Litigation by Benchmark Litigation
  • Ranked by Chambers and Partners in Agribusiness: Forestry (Band 1) since 2018
  • Recognized by Best Lawyers in Canada™ since 2019. In 2023 recognized in three areas: Administrative and Public Law, Corporate and Commercial Litigation, and Natural Resources Law
  • Ranked by Lexpert as “consistently recommended” for work in Forestry Law
Community Involvement
  • Board Member, Vancouver International Arbitration Centre, 2023
  • Brockton School – Nominations and Governance Committee Member 2019 – present; Past Chair 2020; Chair 2013 – 2019; Member of the Board of Directors 2011 – 2020
  • Past Chair, Vice-Chair, Secretary and Member-at-large of the Arbitration and Mediation Advocacy Practice Group of the Advocate’s Society
  • Regular contributor to the Continuing Legal Education Society of British Columbia, writing and speaking on forestry and practice related matters
Cases of Interest
  • Terrace Community Forest LLP v. Skeena Sawmills Ltd., 2022 BCCA 37 affirming 2021 BCSC 1522
    Counsel for the respondent Skeena Sawmills Ltd in successfully defending an appeal brought by a non-party challenging a subpoena issued by an arbitrator compelling the production of certain business records in the arbitration. The case was the first to consider the scope of the remedial pathways offered under s. 29 of the Arbitration Act.
  • OK Industries Ltd. v. District of Highlands, 2022 BCCA 12 affirming 2021 BCSC 81
    Counsel for the respondent OK Industries Ltd in successfully defending an appeal by a municipality of a Supreme Court order staying the municipality’s cease work order and declaring several of its bylaws inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit.
  • Highlands District Community Association v British Columbia, 2021 CanLII 112319
    Counsel for the respondent OK Industries Ltd in successfully resisting a leave application to the Supreme Court of Canada, brought by a community association in respect of an unsuccessful challenge to a Mines Permit authorizing a quarry on Vancouver Island (see 2021 BCCA 232, affirming 2020 BCSC 2135).
  • Gormac Developments Ltd. v. Teal Cedar Products Ltd, 2020 BCSC 712
    Counsel for Teal Cedar in successfully defending a dispute regarding the interpretation of a replaceable road construction agreement, including a subsequent petition seeking leave to appeal from the award.
  • William v. British Columbia, 2019 BCCA 74
    Counsel for Taseko Mines Limited in successfully defending an appeal brought by the Tsilhqot’in Nation to a ruling (2018 BCSC 1425) dismissing their application for judicial review of a decision of the Senior Inspector of Mines that authorized Taseko to carry out an exploration program on consultation and accommodation grounds (application for leave to appeal to the SCC dismissed, 2019 CanLII 53413 (SCC)).
  • Lim v. Zhu, 2019 BCSC 88
    Counsel for two of the defendants by counterclaim, in successfully defending a three-day application for special costs following a confidential settlement in a commercial case involving the closing and sale of a restaurant business and competing allegations of fraud and wrongdoing. Related proceedings at 2018 BCSC 2376.
  • British Columbia v. Canadian Forest Products Ltd., 2018 BCCA 124
    Counsel for Canadian Forest Products in the Court of Appeal in an action involving the interpretation of the Wildfire Regulation and the liabilities arising from a large wildfire (related decision 2016 BCSC 1261).
  • British Columbia (Ministry of Forests, Lands and Natural Resource Operations v Canadian Forest Products Ltd. and Forest Appeals Commission, 2018 BCSC 771
    Counsel for Canadian Forest Products Ltd. in the successful defence of an appeal brought by the Province from a decision of the Forest Appeals Commission dismissing their attempt to summarily dismiss a series of stumpage appeals (related decision 2017 LNBCFAC 3).
  • Regal Ideas Inc. v. Haus Innovations Inc, 2018 BCSC 136
    Counsel for the plaintiffs in: (a) successfully defending a challenge to an Anton Piller order in a commercial case involving allegations of breach of contract, conversion and misuse of confidential and proprietary information; and (b) obtaining an order to access and examine the electronic and physical evidence seized as part of the original Anton Piller order (related decision 2016 BCSC 1883).
  • Bagry v. Sandhu, 2018 BCCA 14
    Counsel for the appellant in a successful appeal from an order entitling the respondent majority owners to buy out the appellant’s minority interest in a farm.
  • Chingee v. British Columbia, 2017 BCCA 250
    Counsel for a timber sale licensee in the Court of Appeal, successfully defending an appeal from a decision summarily dismissing a claim that logging activities carried out under a valid timber sale licence constituted a private nuisance and/or gave rise to a claim in negligence (related decision 2016 BCSC 760).
  • Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32
    Counsel in a successful appeal from a decision of the BC Court of Appeal to the Supreme Court of Canada, thereby restoring an award of compensation, including interest, obtained in an arbitration conducted under the Forestry Revitalization Act (related decisions 2012 BCSC 543, 2013 BCCA 326, [2013] S.C.C.A. No. 402; 2015 BCCA 263).
  • DNT Contracting Ltd. v. Abraham, 2016 BCSC 1917
    Counsel for DNT Contracting Ltd. in successfully obtaining an interim injunction to remove a blockade that was preventing timber harvesting under a timber sale licence located in the northern interior of British Columbia.
  • Metropole Enterprises Ltd. v. Metropole Investments Limited Partnership, 2015 BCSC 421
    Counsel for Metropole Investments Limited Partnership in obtaining a successful result in a commercial rent dispute and defending an application for leave to appeal from the associated arbitration award.
  • Behn v. Moulton Contracting Ltd., 2013 SCC 26
    Co-counsel for the intervener Council of Forest Industries in an appeal to the Supreme Court of Canada on the issue of abuse of process.
  • Canadian Forest Products Ltd. v. Sam, 2013 BCCA 58
    2011 BCSC 676: Counsel for Canadian Forest Products Ltd. in successfully appealing an interlocutory injunction obtained by a First Nation precluding Canfor from harvesting under one of its cutting permits in northern British Columbia.
  • British Columbia v. International Forest Products Ltd., 2012 BCSC 746
    Forest Appeals Commission Decision No. 2009: FA – 007 – Counsel for Interfor in obtaining and successfully defending an appeal of a decision of the Forest Appeals Commission setting aside a stumpage determination issued by the Province under the changed circumstance provisions of the Coast Appraisal Manual.
  • Heli-tech Services (Canada) Ltd. v. Weyerhaeuser Company Limited, 2011 FCA 193, affirming 2009 FC 592
    Counsel for three licensees in successfully defending two appeals and an application for leave to appeal to the Supreme Court of Canada brought from a decision of the Prothonotary striking out certain parts of the Plaintiffs’ claims.
  • Ainsworth Lumber Co. Ltd. v. British Columbia, Forest Appeals Commission Decision No. 2009 – FOR – 006(a)
    Counsel for Ainsworth in successfully appealing a determination that Ainsworth had contravened s. 105.1 of the Forest Act in making the appraisal data submission in respect of one of its cutting permits.
  • Western Forest Products Limited v. British Columbia, 2009 BCCA 354
    Counsel in a successful appeal of a challenge brought by the Crown to a decision of the Forest Appeals Commission. The principal issue was whether it was unsuitable to appraise a licensee using an appraisal log dump that was unavailable for use by any other licensee.
  • Canadian Forest Products Limited v. British Columbia and the Forest Appeals Commission, 2009 BCSC 1040
    Counsel for Canfor in a successful appeal of a decision of the Forest Appeals Commission relating to the authority of the Minister to retroactively change stumpage rates for timber that had already been scaled.
  • British Columbia v. Foster Forest Products Limited, 2008 BCSC 1514
    Counsel for two licensees in successfully defending a summary trial relating to the scope of the lien created in favour of the Crown by s. 130(1)(d) of the Forest Act.
  • Powell Daniels Contracting v. Cascadia Forest Products Ltd. (Arbitration, February 28, 2008)
    Co-counsel for Cascadia in successfully defending a fairness objection raised by a contractor in response to a Forestry Revitalization Proposal made under the Timber Harvesting Contract and Subcontract Regulation
Publications and Presentations
  • “Civil Procedure – Court Rules” in the Continuing Legal Education Society of BC’s Annual Review of Law & Practice (2017-2022), by Mark Oulton, Rebecca J. Robb and Nicole C. Gilewicz
  • “Civil Procedure – Court Rules” in the Continuing Legal Education Society of BC’s Annual Review of Law & Practice (2015 – 2016) by Mark Oulton, Rebecca J. Robb, Katie E. Webber and Kenneth K. Leung
  • “Best Practices in Advising and Preparing Your Client for an Opportunity to be Heard” prepared and presented by Mark S. Oulton as part of the “Forestry Law – 2015” seminar put on by the Continuing Legal Education Society of BC, December 9, 2015, Vancouver, B.C.
  • “Civil Procedure – Court Rules” in the Continuing Legal Education Society of BC’s Annual Review of Law & Practice (2014) by Mark Oulton, Shannon Ramsay and Jacqueline Hughes
  • “Actions v. Judicial Review: The Doctrine of Collateral Attack” presented by Mark S. Oulton as part of the “Suing and Defending the Government – 2013 Update” seminar put on by the Continuing Legal Education Society of BC, November 1, 2013, Vancouver, B.C.
  • “Civil Procedure – Court Rules” in the Continuing Legal Education Society of BC’s Annual Review of Law & Practice (2008 – 2013) by Mark Oulton, Shannon Ramsay, Jacqueline Hughes and Caily DiPuma.
  • “Effectively Setting the Stage: Managing the Discovery Process – A Primer” prepared and presented by Mark Oulton as part of the “Commercial Litigation – 2012” seminar put on by the Continuing Legal Education Society of BC, September 27, 2012, Vancouver, BC
  • “Managing Litigation Risk in Business Deals” by Mark Oulton, presented September 21, 2011 as part of the Major Business Agreements program offered by Insight Information
  • “Common Interest: A New Breed of Privilege or More of the Same Old Song?”, by Mark Oulton presented November 17, 2008 to The Advocate’s Club