 Bennett Jones Michael P. Theroux KCPartner • Co-Head of Commercial Litigation Practice Calgary therouxm@bennettjones.com Education University of Calgary, BA, 1991 University of Alberta, LLB, 1995 Bar Admissions British Columbia, 1996 Alberta, 1999 Mike Theroux is the former Lead Director of Bennett Jones and currently Co-Head of the firm's Commercial Litigation Practice Group and carries on a practice involving complex commercial disputes, with a focus on the energy industry. He is a highly experienced trial and appeal lawyer and regularly handles cases in Alberta and British Columbia. Mike also regularly resolves disputes through arbitration (domestic and international) with a variety of arbitration rule systems. Overview Mike has broad energy industry experience including disputes involving projects in western Canada, major offshore oil and gas projects and renewable energy projects. Mike also has significant experience in securities litigation including shareholder disputes, contested Plans of Arrangement involving the right of shareholders to vote on arrangements, the oppression remedy and other complex securities litigation matters. In addition, Mike handles claims involving real estate, environmental and intellectual property disputes involving various technologies used in the energy industry. Mike's practice also involves appeals from, and judicial review of, decisions of regulatory tribunals. Mike is consistently recognized by various industry publications for his skill and expertise in commercial and energy dispute resolution including Chambers and Partners, Benchmark Litigation and Lexpert. Mike has argued cases in the courts of Alberta, British Columbia, Newfoundland and Labrador and in the Federal Court of Canada. Prior to joining Bennett Jones, Mike practised in Vancouver, British Columbia. He continues to regularly advise clients on litigation matters arising in British Columbia. Mike is on the board of directors of the Calgary Homeless Foundation, a not-for-profit organization that guides the fight to end homelessness in Calgary. Commercial and Energy Litigation • Teine Energy on an application to enforce, and resist an application to stay, an arbitration award against Inter Pipeline relating to the breach of an agreement for the transportation of Teine Energy's light crude oil on the Mid-Saskatchewan Pipeline System. Inter Pipeline Ltd v Teine Energy Ltd, 2024 ABKB 740 • Questor Technology on an application to find the defendants in contempt in relation to a claim for breaches of fiduciary duty, taking of confidential information and trade secrets and appropriating corporate opportunities. Questor Technology Inc v Stagg, 2024 ABKB 377 • Harvest Operations in successfully obtaining summary dismissal of a claim involving a complex Oil & Gas royalty arrangement. Enerplus Corporation v Harvest Operations Corp, 2023 ABKB 482, 2021 ABQB 634 • Cenovus Energy Inc., in its $23.6-billion proposed acquisition of Husky Energy Inc. • Enerflow Industries Inc., in a four-month trial and multiple applications before the Court of Queen’s Bench of Alberta relating to allegations of misrepresentation and breach of a purchase and sale agreement with claims in excess of $80 million. NOV Enerflow ULC (NOV Pressure Pumping ULC) v Enerflow Industries Inc., 2020 ABQB 347. • Bidell Equipment LP., in a successful claim for breach of contract for the supply of six custom gas compressors, Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (Court of Appeal), Bidell Equipment LP v Caliber Midstream GP LLC, 2019 ABQB 296. • PETRONAS Energy Canada Ltd., on a judicial review application confirming the validity of an exemption granted from the environmental assessment process under the British Columbia Environmental Assessment Act. Sierra Club of BC Foundation v. British Columbia (Environmental Assessment Office), 2020 BCSC 596. • Bidell Equipment LP., on a contested forum application involving an application to transfer Alberta proceedings to the United States.Bidell Equipment LP v Caliber Midstream GP LLC, 2017 ABQB 76. • Harvest Operations Corp. in successfully obtaining summary dismissal of a claim alleging that Harvest owed the Plaintiff a payment pursuant to an overriding royalty after Harvest declined to participate in the development of a well pursuant to a Joint Operating Agreement. • Questerre Energy Corp., in an appeal from a Summary Judgment Application relating to the 1990 CAPL Operating Agreement, Talisman Energy Inc v. Questerre Energy Corporation, 2017 ABCA 218 (Court of Appeal), Talisman Energy Inc. v. Questerre Energy Corporation, 2016 ABQB 618. • Marquee Energy Ltd., in an application for voting rights on a Plan of Arrangement under the Alberta Business Corporations Act, Smoothwater Capital Corporation v. Marquee Energy Ltd., 2016 ABCA 360. • Nalcor Energy – Oil and Gas Inc., in an application to stay proceedings relating to a dispute over an offshore oil project, Nalcor Energy - Oil and Gas Inc. v. Husky Oil Operations Limited, 2016 753 (NL SCTD). • Enerflow Industries Inc, in a successful application resulting in the dismissal of certain claims for misrepresentation and breach of a Purchase and Sale Agreement on the basis that the representations had expired. NOV Enerflow ULC v Enerflow Industries Inc, 2015 ABQB 759. • Progress Energy Canada Ltd., in a successful application for judicial review of a decision of the B.C. Surface Rights Board: Progress Energy Canada Ltd. v. Salustro, 2014 BCSC 960. • Encana Corporation, in a challenge to its short term approvals for use of water in British Columbia, Western Canada Wilderness Committee v. British Columbia (Oil and Gas Commission), 2014 BCSC 1919. • Bingham Crossing Properties Inc., in an application for judicial review of a decision of the Council of Rocky View County re-designate certain lands to enable commercial development, Bulger v Rocky View (County), 2013 ABQB 603. • Lehigh Hanson Materials Ltd., in successful multi-million dollar arbitration proceedings to enforce long-term contractual supply and restrictive covenant rights, Capital Power Corporation v. Lehigh Hanson Materials Limited, 2013 ABQB 413. • EOG Resources Canada, in a claim that it had failed to continually conduct operations to complete an earning well under a farmin agreement, EOG Resources Canada v. Unconventional Gas Resources Canada Operating, Inc., 2013 ABQB 105. • Penn West Petroleum Ltd., in an application to protect privilege associated with settlement negotiations, Bellatrix Exploration Ltd. v. Penn West Petroleum Ltd. (Court of Appeal), 2013 ABCA 10, Bellatrix Exploration Ltd. v. Penn West Petroleum Ltd., 2011 ABQB 551. • Plains Midstream Canada ULC, in an application to discharge its utility right of way permitting operation of a commercial pipeline, Genstar Development Company v. Plains Midstream Canada ULC, 2012 ABQB 457. • Appeal counsel to a corporation in a leave to appeal application involving an appeal of a decision of the Subdivision Appeal Board of the City of Calgary: T. Sun Holdings Ltd. v Calgary (City), 2012 ABCA 320. • Celtic Exploration, in defeating an application for leave to appeal to the Alberta Court of Appeal from the Alberta Energy Resources Conservation Board. • Trident Exploration, in the successful defence of an injunction application seeking to compel the diversion of natural gas from a gas plant. • A large oil and gas corporation, in defending a claim for damages to a business caused by a leaking underground storage tank. • A corporation, in obtaining an order to seize evidence relating to a partner allegedly usurping partnership opportunities. • Pengrowth Energy Trust, in its consolidation of Class A trust units and Class B trust units into a single class of trust units, with a total market capitalization greater than $4 billion. • Warrant holders of ID Biomedical, in the successful blocking of a $1.7-billion buyout of ID Biomedical by GlaxoSmithKline. • An insurer, in a $25-million claim against its reinsurer and defending allegations of fraud and failure to disclose material facts. • The former President and CEO of B.C. Hydro, in a successful action for wrongful dismissal. Intellectual Property Litigation • Questor Technology Inc. in successfully applying to compel the production of additional records, including obtaining access to the Defendants’ personal email accounts. • MGM Well Service, Inc., patentee, a subsidiary of Integrated Production Services, in obtaining judgment for patent infringement against a competitor in respect of a plunger lift system. • Lionhead Engineering and Consulting Limited, the applicant, in the protection of their real time regulatory compliance software system. • Apex Oilfield Services, in a patent infringement claim relating to patents for a fluid separation tank used in the drilling process. • Swamp Mats Inc. and Carolina Mat Co. Inc., in defending a patent infringement claim related to patented matting used in the oil and gas business. • A service company, in a patent infringement claim relating to a trailer mounted power swivel used in the oil and gas business. • Cansco Ltd, in a patent dispute involving oilfield service equipment. |