Mike Theroux's practice involves 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 the current Chair 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.
- Questerre Energy Corp., in connection with 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 connection with 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 connection with 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).
2017, Legal Media Groups Benchmark Litigation: Canada
Recognized as a Litigation Star in the areas of arbitration, energy and natural resources, and general commercial
2016, Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading energy lawyer in Canada
2016, The Canadian Legal Lexpert Directory
Repeatedly recommended, Litigation - Corporate Commercial
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