Michael Theroux

Michael Theroux

Bennett Jones LLP

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B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss

In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more

9/25/2014 - Canada Just Compensation Land Owners Oil & Gas Property Damage Takings

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

6/12/2014 - Canada Energy Land Owners Mineral Leases Mineral Rights Oil & Gas Surface Owner

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic...more

1/17/2014 - Canada Environmental Policies Fracking Oil & Gas Permits

Settlement Privilege, Limitation Periods and the Meaning of Without Prejudice

In Bellatrix Exploration Ltd. v Penn West Petroleum Ltd., 2013 ABCA 10, the Alberta Court of Appeal explains the key principles of settlement privilege and confirms the important protection this provides. The Court addresses...more

12/13/2013 - Attorney-Client Privilege Canada Limitation Periods Litigation Privilege Privilege Waivers Settlement Settlement Privilege

PSAC Releases Hydraulic Fracturing Code of Conduct

On October 30, 2013, the Petroleum Services Association of Canada (PSAC) released a Hydraulic Fracturing Code of Conduct for Canada. Eleven PSAC members with hydraulic fracturing operations in Canada helped create the Code...more

11/15/2013 - Canada Code of Conduct Fracking Oil & Gas

Limitation Changes in British Columbia

A new Limitation Act came into force in B.C. on June 1st, 2013. The Limitation Act, SBC 2012, c 13 (the “New Act”) is intended to simplify the process for civil claims and bring B.C.’s limitation periods in line with the...more

6/18/2013 - Canada Discoverable Limitation Periods Limitations Act Third-Party

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

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....more

4/23/2013 - Contaminated Properties Environmental Liability Environmental Management Act Limitation Periods Proposed Amendments

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

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....more

2/7/2013 - Contaminated Properties Environmental Management Act Environmental Remediation Costs Limitation Periods Limitations Act

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