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Michael P. Theroux KC

Partner

Co-Head of Commercial Litigation Practice

Co-Head of Commercial Litigation Practice | Email

T: 403.298.4438

Email

Calgary

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T: 403.298.4438


Email

Calgary

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  • Education
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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.

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.

Education

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

Bar Admissions

British Columbia, 1996 Alberta, 1999 

Select Experience

Commercial and Energy Litigation
Intellectual Property 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
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
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

Recent Recognition

Lexpert Special Edition Litigation
Recognized as one of Canada's leading lawyers in litigation
The Legal 500 Canada
Leading Lawyer, Dispute resolution: Alberta
Chambers Canada
Ranked, Litigation: General Commercial – Alberta
Benchmark Litigation: Canada
Recognized as a Litigation Star

Canadian Legal Lexpert Directory

Consistently Recommended, Litigation - Corporate Commercial
Repeatedly Recommended, Energy (Oil & Gas)

 

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

Announcements

Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada

May 01, 2025
       

Announcements

Bennett Jones Recognized as Top-Tier Firm in Legal 500 Canada Rankings

November 14, 2024
       

Announcements

Bennett Jones Top Ranked in Chambers Canada 2025

September 26, 2024
       

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