Theroux, Michael WEB JPG

Michael P. Theroux

Partner

Calgary

Profile

Mike Theroux’s commercial litigation practice focuses on energy industry disputes, environmental litigation including contaminated sites, shareholder disputes and oppression actions. Mike also has extensive experience in intellectual property matters involving various technologies used in the energy industry.

Mike 's energy litigation experience includes disputes involving CAPL, CO & O Agreements and ROFR notices, issues relating to Crown and freehold leases and and farm-out agreements and various contractual disputes.

Mike has published articles on Force Majeure, CAPL operating procedure issues such as take in kind rights and the meaning of gross negligence, and voting rights under plans of arrangement.

Mike has argued cases in the Alberta Court of Appeal and Queen's Bench, the British Columbia Court of Appeal and Supreme Court and the Federal Court of Canada.

Prior to joining Bennett Jones, Mike practised in Vancouver, British Columbia. He continues to advise clients on litigation matters arising in British Columbia.

Mike is fluent in French and English.

Experience

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Elluminate Inc. in connection with its US $116 million acquisition by Blackboard Inc.

News & Events

Publications

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  • Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

    April 22, 2013

    In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C. 2003, c. 53 (the EMA). Published on the Bennett Jones Thought Network.

  • Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

    February 07, 2013

    The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C. 2003, c. 53 (EMA). Presently, the application of statutory limitation periods to cost recovery actions under the EMA is somewhat unclear, although the generally held view is that cost recovery actions are subject to either a two-year or six-year limitation period that is triggered upon a party incurring remediation costs. Published on the Bennett Jones Thought Network.

  • Alberta Court Dismisses Mandatory Injunction Based on CAPL “Take in Kind” Rights

    March 2012

    On December 23, 2011, the Alberta Court of Queen’s Bench dismissed an application for a mandatory injunction that would have forced the operator of jointly owned gas rights to undertake work to enable the nonoperator to physically take its raw gas at a pipeline header located upstream of a gas processing plant. Husky Oil Operations Ltd. v. Trident Exploration Corp., 2011 ABQB (unreported). In doing so, the court provided some guidance on the scope “take in kind” rights under the Canadian Association of Petroleum Landmen’s (CAPL) operating procedures. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 29, Number 1, 2012.

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At Bennett Jones, your privacy is important to us. We are committed to maintaining the confidentiality, security and accuracy of your personal information. This Website Privacy Policy (the “Privacy Policy”) describes the information that Bennett Jones collects in the normal course, how we use it and to whom that information may be disclosed.

This Privacy Policy applies to and governs Bennett Jones LLP and Bennett Jones Services Limited Partnership and their affiliated organizations (collectively "Bennett Jones" or the "Bennett Jones Group"). All references in this Website Privacy Policy to “Bennett Jones”, "Bennett Jones Group", “we”, “us”, “our” and like terms should be interpreted accordingly.

This Website Privacy Policy applies to the personal information that is collected, used or disclosed while using Bennett Jones' website.

Personal information that Bennett Jones collects other than through this website is governed by our External Privacy Policy and our Employee Privacy Policy, as applicable. This Privacy Policy does not address information about companies or other forms of business association. Such information is protected by other Bennett Jones policies and practices, through contractual arrangements and by means of the rules of professional conduct that govern the legal profession.

This Privacy Policy applies only to Bennett Jones' activities that are subject to the provisions of Canada's federal and provincial privacy legislation, including, where applicable, the federal Personal Information Protection and Electronic Documents Act, and Alberta's Personal Information Privacy Act.

What Is Personal Information?

For the purposes of this Privacy Policy, “personal information” means information about an identifiable individual. This does not include the name, title, business address or telephone number of an employee of an organization, when used for business communications.

What Personal Information Do We Collect?

Bennett Jones collects the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by:

  • Using the “contact us” portion of this website; or
  • By corresponding with a member or employee of Bennett Jones via e-mail using the hyperlinks created for that purpose.

If the information we require is held by third parties (such as webmasters, Internet Services Providers), we will endeavour to ensure that the information has been collected in accordance with our Privacy Policy.

In some cases, we may be required by applicable law or regulatory requirements, or by the rules of professional conduct that govern the legal profession, to collect information about you without your knowledge or consent.

Non-personal information, such as the name of the domain from which you access the Internet, the dates and times you access our website and the Internet address of the website from which you may be linking directly to our website, is collected and used to determine the volume of traffic on our website. This information also enables us to identify ways in which our website can be improved to serve you better.

What About Links To Other Websites?

Our website may contain links to other websites that may be subject to less stringent privacy standards. Bennett Jones cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate those websites. Bennett Jones is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of those websites before providing them with personal information.

Why Do We Collect Personal Information?

Bennett Jones collects personal information to enable us to manage and develop our business and operations, including for the purposes or in the manner described under the heading "Why Do We Collect Personal Information" in our External Privacy Policy and “Why Do We Collect Personal Information and Personal Employee Information” in our Employee Privacy Policy.

Any personal information of prospective, existing or former employees of Bennett Jones collected on our website is governed by our Employee Privacy Policy.

When Do We Use or Disclose Your Personal Information?

We use or disclose your personal information as described in this Privacy Policy, and for any additional purposes for which we have obtained your consent to the use of your personal information.

We share your personal information with our employees, contractors, consultants and other parties (including other members of the Bennett Jones Group) who require such information to assist us with establishing, maintaining and managing our relationship with you.

Further, your personal information may be used or disclosed in the circumstances described under the heading "When Do We Use or Disclose Your Personal Information" in our External Privacy Policy and "When Do We Use or Disclose Your Personal Employee Information" in our Employee Privacy Policy. Bennett Jones is not in the business of selling your personal information to any third party.

Consent

By using our website, you signify your consent to the contents of this Privacy Policy. If you do not agree with the contents of this Privacy Policy, or to our collection, use, disclosure and management of your personal information as described in this Privacy Policy, you may not use our website. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you provide us with personal information on our website, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your acceptance and use of those services or for other purposes identified to you at the relevant time.

We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law, regulation, or by the rules of professional conduct governing the legal profession.

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information set out below.

Protecting Personal Information

Bennett Jones will endeavour to safeguard personal information using methods that are appropriate to the sensitivity of the information.

Unfortunately, no data transmitted over the Internet is ever 100% secure. As a result, Bennett Jones does not represent, warrant or guarantee that personal information will be protected against loss, misuse, interception or alteration and does not accept any liability for personal information submitted to us via the Internet, nor for your or any third parties’ use or misuse of personal information.

Updating Personal Information

It is important that the personal information Bennett Jones holds about you is accurate and current. Bennett Jones asks that you to keep us informed of changes to your personal information.

Accessing Your Personal Information

You can ask to see the personal information that we hold about you in the manner and subject to the terms described under the heading "Accessing Your Personal Information" in our External Privacy Policy and "Accessing Your Personal Information and Personal Employee Information" in our Employee Privacy Policy, as applicable.

Contacting Us

To get more information about this Privacy Policy, or to change or withdraw your consent under this Privacy Policy, you can write to us at:

Privacy Officer
4500, 855 – 2nd Street S.W.
Calgary, Alberta
T2P 4K7

Privacy Officer
1000, 10035 – 105 Street
Edmonton, Alberta
T5J 3T2

Privacy Officer
3400, 1 First Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4

Revision to this Privacy Policy

Bennett Jones may from time to time make changes to this Privacy Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with personal employee information. We will post any revised version of this Privacy Policy on our website. Any changes to this Privacy Policy will be effective from the time they are posted. This Privacy Policy was last updated on January 1, 2004.

Terms of Use

Welcome and thank you for visiting our website at bennettjones.com. This website (the "Website") is owned and operated by Bennett Jones LLP ("Bennett Jones").

Please read these Terms of Use carefully before using this Website. By accessing or using this Website, you agree and accept these Terms of Use.Please note that we reserve the right to modify these Terms of Use from time to time without any notice to you. As any such modifications are effective upon posting, please visit this page periodically to review these Terms of Use. Your continued access or use of the Website after a modification has been posted will constitute your acceptance of that modification. If you do not agree to these Terms of Use, your sole remedy is to discontinue your access or use of the Website.

1. No Lawyer-Client Relationship

The Website may contain information and materials (collectively, the "Content") concerning legal issues. While Bennett Jones takes reasonable measures to ensure the Content is current as of its original date of publication on the Website, the Content is provided solely for informational purposes and not as a substitute for legal or other professional advice.

You agree that Bennett Jones is not engaged in rendering legal services or advice to you by providing the Content on the Website, and that your access to or use of either the Website or Content does not create any lawyer-client relationship between you and Bennett Jones.We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content. You are advised to seek specific legal advice by contacting us (or your own legal counsel) in relation to your specific legal issues.

2. Communications through the Website

In order to avoid potential misunderstandings, if you are not a current client of Bennett Jones and you communicate with us through the Website, please be advised that we are under no obligation to keep confidential your communication nor will any such communication invoke solicitor-client privilege. Thus, unless you have a pre-existing, documented solicitor-client relationship with Bennett Jones, you agree not to communicate any confidential information to us.

3. Ownership of Intellectual Property

All Website design, text, graphics, sound, software, layout, and Content, and the selection and arrangement thereof, are the property of Bennett Jones or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws.Except as granted in the limited license below, you agree not to copy, reproduce, republish, translate, transmit, modify, distribute or otherwise exploit the Website, the Content, or any elements thereof.

4. Limited License

Subject to these the terms and conditions in these Terms of Use, you are hereby granted a limited license to reproduce single copies of the Content solely for your personal, noncommercial use, provided that you maintain all copyright and other proprietary notices contained in any such Content.

5. E-Commerce Transactions

The purchase of any products on the Website ("Products") may be made through your through PayPal® account.In order to make a purchase on the Website, you will be required to complete an order form for any such purpose through your PayPal® account. By completing this form, you acknowledge that you are at least eighteen (18) years of age, and agree to pay Bennett Jones for any Products that you order through the Website through Paypal®, and comply with Paypal®'s User Agreement, and Privacy Policy, as may be amended from time to time.

You are solely responsible for your use of PayPal's services to purchase any Products. We will not be responsible: (i) for any charges that Paypal® or your credit card issuer may apply to you as a result of processing your order; (ii) if Paypal® or your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.If your payment requires a currency conversion, the terms of the currency conversion will be governed solely by PayPal® and your agreement with them.

6. Privacy Policy

By accessing or using the Website, you agree to be bound by the terms of our Privacy Policy ("Privacy Policy").

7. Linking to or from this Website

This Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Bennett Jones monitors or endorses these websites.Bennett Jones does not accept any responsibility for such websites, or their content.

Without our prior written consent, you agree not to: (i) create or maintain any link from another website to any page on this Website; or (ii) run or display this Website or any Content in frames or through similar means on another website; or (iii) or use any meta tags or any other "hidden text" using Bennett Jones' name or trademarks.

8. Indemnification

You agree to indemnify Bennett Jones, and its affiliates, together with their respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third party due to or arising out of: (i) your access or use of the Website, the Content, the Products; (ii) your breach of the Terms of Use; or (iii) your violation of any third party rights.

9. Disclaimer of Warranty

Bennett Jones and its Affiliates do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website.

THE WEBSITE, THE CONTENTS AND THE PRODUCTS ARE PROVIDED ON AN "AS IS", "WHERE IS", AND "WITH ALL FAULTS" BASIS, AND WITHOUT ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING.

BENNETT JONES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE CONTENT OR ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

10. Limitation of Liability

IN NO EVENT WILL BENNETT JONES OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE CONTENT OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE, EVEN IF BENNETT JONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, BENNETT JONES' TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO THE WEBSITE, THE CONTENTS OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE WILL BE LIMITED TO THE LESSER OF: THE PURCHASE PRICE ACTUALLY PAID BY YOU TO BENNETT JONES TO ACCESS OR USE THE WEBSITE, THE CONTENTS OR ANY SUCH PRODUCTS; OR [$10.00].

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

11. Termination

In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.

12. General

These Terms of Use, together with the Privacy Policy, is the entire agreement between you and Bennett Jones with respect to the Website, the Content and the purchase of any Products. All references in these Terms of Use, the Website or the Content to "Bennett Jones", "the firm", "we", "us", "our" and like terms should be interpreted to mean Bennett Jones LLP.The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions.You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Term of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

13. Choice of Law

This Website is controlled, operated and administered by Bennett Jones from within the Province of Alberta, Canada. By accessing the Website, you acknowledge and agree that all matters relating to your access to or use of the Website is be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). Subject to Section 14 below, you hereby submit to the non-exclusive jurisdiction of the courts of the Province of Alberta with respect to all matters relating to these Terms of Use and your access and use of the Website, the Content or the Products.

14. Arbitration

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Content, any Products purchased on or through this Website, or, the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Calgary, Alberta in English and governed by the Arbitration Act (Alberta), as amended, replaced or re-enacted from time to time.Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Bennett Jones and/or its Affiliates. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

15. Language

The parties have expressly required that these Terms of Use and all documents relating thereto drawn up in the English language.Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

16. Survival

Sections 3, 8, 9, 10, 13, 14, and 16 will survive any termination of these Terms of Use by either party for any reason.

17. Currency

These Terms of Use are effective as of September 30, 2012.

Disclaimer

The presentation of information on this website does not establish any form of lawyer-client relationship with Bennett Jones LLP or with any of its lawyers. The information on this website is public information and is not individualized legal advice. Readers should not rely on or take any action based upon this information; professional advice should be obtained. While we strive for accuracy, it is possible that the information on our site may contain errors or omissions. We disclaim any liability for any such errors or omissions.

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