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Michael P. Theroux

Partner

Co-Head of Commercial Litigation Practice

Co-Head of Commercial Litigation Practice |

T: 403.298.4438

Calgary

Theroux Michael
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.4438


Calgary

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Mike Theroux is Co-Head of the firm's Commercial Litigation Practice Group and carries on a practice involving complex commercial litigation and arbitration matters, with a focus on energy industry disputes. He resolves disputes through both trials and arbitrations (domestic and international).

Mike has broad energy industry experience including disputes involving oil sands and LNG projects in western Canada and major offshore oil and gas projects. His energy industry experience includes:

  • disputes involving CAPL, CO&O, Farmin and AIPN Agreements, MSAs, and ROFR notices;
  • issues relating to Crown and freehold leases including royalty disputes;
  • disputes over operatorship of assets, accounting and other disputes relating to the operation of processing and other facilities; and
  • litigation and arbitration involving various agreements for the development of offshore oil and gas assets including agreements relating to processing, lifting and transportation and marketing.

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. He has also acted on aboriginal claims, including with respect to consultation and Aboriginal rights and title. Mike's practice also involves appeals from, and judicial review of, decisions of regulatory tribunals.

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 was a longtime member of the firm's Board of Directors and formerly served as its Lead Director. Mike is a member of Catholic Family Service, a charity that provides a variety of social services to people of all ages, faiths and backgrounds in the Calgary area.

Education

University of Calgary, BA, 1991 University of Alberta, LLB, 1995 

Bar Admissions

British Columbia, 1996 Alberta, 1999 

Recent Experience

Energy Litigation
Commercial Litigation
Intellectual Property Litigation
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., in a successful claim for breach of contract for the supply of six custom gas compressors, Bidell Equipment LP v Caliber Midstream GP LLC, 2019 ABQB 296.
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.
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).
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. 
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.

Recent Recognition

Chambers Canada
Ranked, Litigation: General Commercial - Alberta
The Canadian Legal Lexpert Directory
Repeatedly recommended, Litigation - Corporate Commercial
Benchmark Litigation: Canada
Recognized as a Litigation Star

Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada
Recognized as one of Canada's leading cross-border litigators
Lexpert Special Edition
Recognized as a leading energy lawyer in Canada
Recognized as a leading litigation lawyer in Canada

Insights, News & Events

Blog

Supreme Court of Canada Imposes Good Faith Limits on the Exercise of Contractual Discretion

February 08, 2021
       

Blog

Supreme Court of Canada: Silence Can Breach the Contractual Duty of Good Faith Honesty

January 05, 2021
       

Blog

Are Climate Change Claims Based on Charter Rights Justiciable? Canadian Courts Render Conflicting Decisions

December 17, 2020
       

Announcements

40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation

November 27, 2020
       

Announcements

Bennett Jones Acts for Cenovus in $23.6-billion Combination with Husky

October 27, 2020
       

Announcements

Bennett Jones Leads Canada in Energy Law

October 27, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Blog

An Update on How the Suspension of Court Operations is Affecting Civil Litigation

April 01, 2020
       

Blog

COVID-19: How the Suspension of Court Operations is Affecting Civil Litigation

March 23, 2020
       

Blog

Court Finds Indigenous Law Not a Defence to an Injunction to Restrain Protests

March 11, 2020
       

Blog

Canada's Attempt to "Forever Alter the Constitutional Balance" Impeded: Alberta Court of Appeal Rules Federal Carbon Pricing Regime Unconstitutional

March 02, 2020
       

Blog

Federal Court of Appeal Dismisses Challenge to GIC Approval of Trans Mountain Pipeline Expansion Project

February 06, 2020
       

Blog

Climate Change Action Dismissed as Non-Justiciable

January 30, 2020
       

Blog

ExxonMobil Wins Climate Change Securities Battle Against New York but the War Continues

December 16, 2019
       

Announcements

Bennett Jones: Canada’s Leading Litigation Lawyers

November 29, 2019
       

Blog

New Charter Litigation Seeks Stable Climate System

October 28, 2019
       

Announcements

Bennett Jones' Leading Lawyers in Chambers Canada 2020

September 19, 2019
       

Blog

Supreme Court of Canada to Revisit Bhasin and Contractual Parties' Duty of Good Faith

August 12, 2019
       

Blog

Quebec's Superior Court Leaves the Door Open to Canadian Climate Change Litigation

August 01, 2019
       

Blog

Second Appeal Court Rules Federal Carbon Tax Constitutional but the Debate Continues

July 03, 2019
       

Blog

B.C.’s Highest Court Rules Province’s Attempt to Regulate Bitumen Unconstitutional

May 27, 2019
       

Blog

Federal Carbon Tax Ruled Constitutional... For Now

May 06, 2019
       

Updates

Summary of Actions Against Exxon Mobil for Securities Fraud

January 30, 2019
       

Blog

Climate Change Litigation Comes to Canada

December 14, 2018
       
2018
Nov
28
       

Event

Climate Change Breakfast Seminar

Blog

Washington Court Affirms Assertion of Specific Jurisdiction over Canadian Mining Company

October 04, 2018
       

Blog

Litigating Securities Fraud in the Climate-Change Era

September 11, 2018
       

Blog

Oil Producers Win Another Round in U.S. Climate Change Litigation

July 26, 2018
       

Blog

Oil Producers Succeed in California Climate Change Action

July 04, 2018
       

Blog

Court Confirms Right to Claim Interim Payment in Exercise of Dissent Rights

June 28, 2018
       

In the News

Mike Theroux in Calgary Herald

May 03, 2018
       

Blog

The Alberta Court of Appeal Clarifies the Test for Summary Judgment in Alberta

April 11, 2018
       

Articles

Alberta Court of Appeal Upholds Limit on Pay First Dispute Later Principle

September 2017
       

Blog

Court of Appeal Upholds Limit On "Pay First, Dispute Later" Principle

July 28, 2017
       

In the News

Brent Kraus in National Post on Marquee Energy

December 21, 2016
       

Updates

Marquee Energy Appeal Reaffirms Plans of Arrangement Law in Canada

December 08, 2016
       

In the News

Bennett Jones on Daniels v Canada in Mineral Law Newsletter

June 07, 2016
       

Articles

Non-Status Indians and Métis are Indians under the Canadian Constitution

May 01, 2016
       

Blog

Grant of Summary Judgment to Gas Facility Operator Based On "Pay First, Dispute Later" Clause Upheld

April 25, 2016
       

Blog

All Aboriginal Peoples: SCC Rules Non-Status Indians and Métis are Indians under the Constitution

April 15, 2016
       

Blog

Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

March 16, 2016
       

Related Services

Aboriginal Law
Environmental Law
Oil & Gas
International Arbitration
Commercial Litigation
Intellectual Property Litigation
Health Law
Energy Litigation
Securities Litigation
Arbitration

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