Energy Litigation

We resolve high-stakes energy disputes with deep industry knowledge and technical insight, helping clients protect assets, manage risk, and achieve successful outcomes in Canada and worldwide.
Key Contacts
Mellett BruceTheroux Michael
Man walking up stairs

Overview

Bennett Jones has served the Canadian energy industry for almost 90 years and has played a major role in the industry's evolution and diversification. Today, the business is global, the issues cross borders and treaties, and interests involve many stakeholders.

Our energy litigation practice is distinguished by our understanding of the technical aspects of the business, with lawyers who possess the educational background and industry training to operate in the language of our clients, whether from a geological, environmental or engineering perspective, or when interpreting reserve, scientific or financial reports.

From both domestic and international perspectives, our energy litigators have represented large integrated energy companies, independent producers, refiners, pipelines, distributors of energy products, investors, and the wide range of service companies that support the sector. Disputes have touched all areas of the industry, including oil, bitumen, natural gas, hydrocarbons, nuclear energy, hydroelectricity, natural gas liquids and coal.

Our experience has taken us around the world and encompasses a wide range of appellate work, mediation and arbitration. From title disputes and breaches of joint venture agreements, to royalty underpayment and fiduciary claims, our energy litigators have appeared before all levels of court, arbitration panels, and provincial, national and international administrative tribunals such as the Alberta Energy & Utilities Board, the National Energy Board, and the International Atomic Energy Agency. Disputes have also involved operating agreement matters, rate-setting, third-party claims, compliance proceedings, ownership of hydrocarbon rights, lease and license issues, rights of first refusal, mass tort claims involving personal injury and environmental accidents, marketing disputes, and anti-trust issues.

Client Work

Argent Energy
in its cross-border CCAA/Chapter 15 proceeding
Wood Group Mustang (Canada)
in defence of an action commenced by Canadian Natural Resources Limited, relating to the failure of an underground emulsion pipeline in 2009
Edge Natural Resources
in its acquisition of Canamax Energy in a transaction valued at approximately $82 million
An oil and gas company in a successful application for judicial review of a decision of the BC Surface Rights Board: Progress Energy Canada Ltd v Salustro, Read More
Leading global well service companies, in the defence of claims arising from fracturing and related oilfield applications
Ares Management
in its investments in Plasco Energy Group
Qatar Aluminum
with its rebuild project of its primary aluminium products plant
ATCO Gas and Pipelines
in its successful appeal from an Alberta Energy and Utilities Board Order purporting to require it to hold the proceeds of sale of an asset in a deferral account
Marathon Oil Corporation
in its US$6.9-billion acquisition of Western Oil Sands by way of a plan of arrangement
A petroleum producer, in a claim relating to rights of first refusal
Mystique Energy
in its Companies' Creditors Arrangement Act proceedings, including preparing a Plan of Arrangement pursuant to which the client's public shell was, through a reverse ...
Read More
A national energy company in defending a claim by a works contractor arising in the construction of a multi-billion-dollar oil sands project
A pipline company in defending a delay and lost productivity claim arising in the construction of an oil and gas pipeline
A national energy company in defending a multi-million-dollar delay and lost productivity claim by a works contractor arising in the construction of a multi-billion-dollar oil sands project
Calpine Canada Resources Corporation
a major creditor in Calpine's Companies' Creditors Arrangement Act (CCAA) proceedings
International energy company in a series of UNCITRAL arbitration proceedings relating to multiple multi-million dollar disputes arising out of the ownership and operation of a gas field in the Caspian Sea
Joint venture partner in ICC arbitration proceedings relating to the ownership and operation of an oilfield in Asia
An oilfield services company in successful arbitration proceedings dismissing claims arising from a patent license dispute concerning certain downhole technology
A large oil and gas exploration and production company, in a recent complex litigation matter involving a freehold lessor, the termination of a petroleum and natural gas lease and the lessor's entitlement to damages

Recognitions

Chambers Canada
Ranked Band 1, Energy: Oil & Gas - Canada
Ranked Band 1, Energy: Provincial Regulatory: Alberta
Ranked, Energy: Power; Energy: Mining; Energy & Natural Resources: Mining
Chambers Global

Band 1, Energy: Oil & Gas
Band 2, Disputes (International & Cross Border)


The Legal 500: Canada
Ranked Tier 1, Energy - Oil and Gas
Ranked, Energy and Natural Resources: Mining
Ranked, Energy and Natural Resources: Power

Canadian Legal Lexpert Directory

Most Frequently Recommended, Energy (Oil & Gas) (Calgary, Toronto, Vancouver); Energy (Electricity) (Calgary)
Consistently Recommended, Energy (Electricity) Vancouver)


Legal Media Group Benchmark Canada
Energy/Resource Litigation Firm of the Year
Theroux Michael

Michael P. Theroux KC

Partner   •   Co-Head of Commercial Litigation Practice

Related Services

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

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The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.