Michael Theroux

Michael Theroux

Bennett Jones LLP

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Latest Publications


Trans Mountain Expansion Project: Burnaby’s Latest Bid for Jurisdiction Unsuccessful

The City of Burnaby’s latest effort to assert jurisdiction over work performed in Burnaby in connection with the Trans Mountain Expansion Project was recently dismissed for procedural and constitutional reasons in Burnaby...more

11/30/2015 - Canada Jurisdiction National Energy Board Oil & Gas Pipelines

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

10/6/2015 - Aboriginal Issues Canada Energy Projects Judicial Review Oil & Gas Operational Permits Permits Public Land Supreme Court of Canada Tribal Lands

Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC Environmental Appeal Board Decision

First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more

10/2/2015 - Administrative Appeals Canada Energy Sector Fracking Licenses Oil & Gas Watershed

Operator Granted Summary Judgment Against Producer for Disputed Invoice Amounts

A gas facility operator was recently awarded summary judgment for its unpaid invoices, even though the non-paying producer disputed the amounts owing and claimed various set-offs. In SemCAMS ULC v Blaze Energy Ltd, 2015 ABQB...more

4/28/2015 - Canada Contract Disputes Summary Judgment

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

4/16/2015 - Canada Mineral Exploration Oil & Gas Permits Treaties Tribal Lands

BC Court of Appeal Overturns Ruling that BC Government Liable to Logging Company for Failure to Consult

In Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89, the BC Court of Appeal recently overturned the trial judge’s decision (reported at 2013 BCSC 2348, and summarized in an earlier update here) which had awarded...more

4/2/2015 - Appeals Canada Logging

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights....more

3/31/2015 - Canada Energy Projects Supreme Court of Canada Treaties Tribal Lands

Trans Mountain Pipeline Project Hits the Courts

The Trans Mountain Expansion Project, which involves the proposed twinning of the existing Edmonton-Burnaby pipeline and the expansion of a marine terminal, was the subject of a number of court decisions last year involving...more

3/25/2015 - Canada Conservation Environmental Assessments Oil & Gas Pipelines

Proving An Operator’s Gross Negligence: Is Intention Required?

Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]....more

11/10/2014 - Canada Gross Negligence Intent Negligence

B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals

The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the...more

10/16/2014 - Canada Energy Exploration OGC Oil & Gas Water

BC Supreme Court Stresses “Polluter Pays” in Awarding Damages for Remediation of Contaminated Site

The BC Supreme Court recently clarified several principles under the Environmental Management Act relating to liability for remediation costs for contaminated sites. In JI Properties Inc v PPG Architectural Coatings Canada...more

10/6/2014 - Canada Contaminated Properties Environmental Liability Environmental Remediation Costs

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

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 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 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 Remediation Costs Limitation Periods Limitations Act

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