Michael O'Brien Partner | Calgary

About Michael

Michael is a Partner in the Litigation and Dispute Resolution group. He practises corporate and commercial litigation in a variety of industries with a special focus on energy (including power and oil and gas), cybersecurity, injunctions, major construction litigation, intellectual property litigation, and class actions. Michael's practice includes all areas of corporate, commercial and real property litigation, including mediations and arbitrations.

Michael has extensive experience before the courts including numerous reported cases as lead counsel and co-counsel. He has appeared as counsel before all levels of court in Alberta, including many trials and appeals. He has also appeared as counsel in the Federal Court of Canada and in a number of complex multi-party arbitrations and mediations. Michael has been recognized as a future litigation star by Benchmark Canada.

In addition to his advocacy, Michael is focused on assisting clients develop and implement effective legal strategies that align with their commercial goals.

Select Experience

A representative sample of recent experience includes:

Commercial/Energy Cases

Acted as litigation counsel to Philips Electronics in successfully enforcing a forum selection clause resulting in the stay of a number of related Alberta Actions
Advising on complex joint venture, pipeline and infrastructure disputes, including as lead counsel for Suncor Energy Inc. in successfully defending an action seeking to set aside a C$1-billion transaction (see TotalEnergies EP Canada v. Suncor Energy Inc., 2023 ABKB 59). This precedent-setting case was awarded Impact Case of the Year at the Benchmark Canada Awards 2024.
Successfully represented Enercapita Energy in a lengthy dispute with Alberta Energy relating to gas royalties
Successfully defending ENMAX in connection with the defence of a high-profile, C$600-million action by the Attorney General of Alberta which sought to set aside a provision in an instrument under which it was terminated
Ongoing defence and prosecution of multiple claims regarding alleged cost overruns and billing disputes with respect to the construction of an oilsands facility
Routinely acting for energy companies in Power Purchase Arrangement disputes including numerous court actions and arbitrations
Oil and gas litigation where he acted for an oil and gas company at trial in a C$100-million dispute regarding forward commodity contracts in the derivatives industry
Successfully striking out a defamation claim against ENMAX Energy Corporation
Acting as co-counsel on behalf of ExxonMobil in successfully setting aside a trial decision finding liability under the Competition Act which included setting aside the highest damages at large and then highest punitive damage award in Canadian law

Intellectual Property Cases

Acting as co-counsel in a Benchmark 2017 "Impact Case of the Year", which involved defending a C$12-billion patent claim
Litigating a number of cybersecurity matters including data breach incidents and writing in that area

Class Actions

Successfully defending class actions on behalf of Canadian and U.S. financial institutions with claims in excess of C$100-million arising from alleged ponzi schemes
Summarily dismissing a C$30-million putative class action against ENMAX Energy Corporation
Counsel for leading multinational manufacturers and distributors in the defence of product liability actions involving surgical devices and hospital equipment

Injunctive Relief/Replevin Cases

Successfully litigating several high-profile injunction applications, including successfully obtaining a high-profile mandatory injunction against a statutory corporation
Lead counsel in the successful prosecution of an injunction on behalf of OPA! Souvlaki Franchise Group enforcing a Non-Competition Clause in the Franchise Agreement, including an award of full solicitor-client costs
Representing several Canadian oil and gas corporations in successfully obtaining replevin of key corporate assets, including electronic seismic data
Successfully obtaining pretrial injunctive relief relating to specialized oil and gas drilling technology
Michael has routinely acted as Independent Supervising Solicitor ("ISS") on a number of Anton Piller orders

Reported Cases

Recent reported decisions in which Michael has been involved include:

Enercapita Energy Ltd. – In the Matter of the Bankruptcy of Terra Energy Corp., 2023 ABKB 236
Remington Development Corporation v. ENMAX Power Corporation, 2022 ABLPRT 903
Remington Development Corporation v. ENMAX Power Corporation, 2022 ABCA 71
Darby v. CitiFinancial, 2022 ABQB 9
Big Plans for Little Kids Ltd. v. Souster, 2021 ABCA 73
Remington v. Enmax, 2019 ABCA 69
Remington Development Corporation v. Enmax Power Corporation, 2019 ABQB 754
Remington Development Corporation v. Enmax Power Corporation, 2019 ABQB 901
321665 Alberta Ltd. v. Husky Oil Operations Ltd., 2013 ABCA 221 (CanLII), leave to SCC denied 2014 CanLII 1208 (SCC)
Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2017 FC 1111
ENMAX Energy Corporation v. Balancing Pool, 2017 ABQB 718
Catalyst Canada Services LP v. Catalyst Changers Inc., 2013 ABQB 73
Alberta (Attorney General) v. Alberta Power (2000) Ltd. et al., 2017 ABQB 195
Alberta (Attorney General) v. Alberta Power (2000) Ltd., 2018 ABQB 100
ENMAX PPA Management Inc. v. Balancing Pool, 2017 ABQB

Awards & Recognition

Professional Activities

Michael is the author of numerous publications and has spoken extensively on numerous topical issues and developments in all aspects of litigation. He is also the author of a number of publications in the areas of oil and gas law, energy law, and securities litigation and is a frequent contributor to the "Law Matters" publication of the Canadian Bar Association.

Since 2010, Michael has been a facilitator and competency evaluator with the Canadian Centre for Professional Legal Education bar admission course administered by the Legal Education Society of Alberta.

Michael is an instructor for the Intensive Civil Trial Advocacy Course at the University of Calgary. Prior to that, Michael was an instructor at the University of Calgary Faculty of Law, for Law 505: Civil Procedure. Michael is also a judge for the McGillivray Moot at the University of Calgary. He was a former board member of Calgary Legal Guidance and is also an active member of the Canadian Bar Association and the Calgary Bar Association.

Publications