Energy litigation
Our team of experienced, skilled energy litigators will work with you to resolve your energy dispute. Whether it's an oil and gas, solar, wind or hydrogen dispute, we will find the right approach for you.
When you partner with BD&P, you get a team of lawyers with extensive knowledge of resolving energy disputes – through litigation or arbitration. Our energy disputes team and our commercial energy lawyers will work to find efficient solutions for your dispute.
If litigation is unavoidable, we have significant experience before all levels of Alberta's Courts, as well as other provincial courts, the Supreme Court of Canada and other regulatory and administrative tribunals.
We help with
Get advice from us on:
- Joint venture disputes
- Farmout agreement disputes
- Area of mutual interest agreement disputes
- Royalty disputes
- Royalty or title claims by First Nations or by the Federal Crown as their trustee
- Accounting disputes
- Operating disputes
- Breach of fiduciary duty claims
- Lease interpretation disputes, including rights of first refusal and other title questions
- Environmental liabilities
- Oil and gas evaluation disputes
What our clients say
"The team is excellent. They work well together, develop excellent strategies, advance the case in a timely manner and produce desired results." – Chambers Canada 2021
Representative work
Successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners
Lead counsel in a successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners, in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., a case which involves the question of whether a receiver can disclaim an arbitration clause while still enforcing the underlying contract.
Appeared before the Supreme Court of Canada on the constitutionality of the inter-provincial transport of oil and gas
Intervenor counsel to the Explorers and Producers Association of Canada in a case that considered the constitutionality of British Columbia's proposed restrictions on heavy oil in the TMX Pipeline and the interprovincial transport of oil and gas. (Reference re Environmental Management Act, 2020 SCC 1).
Successful defence in an alleged breach of confidence case
Counsel in the successful defence of an $18 million action and appeal involving alleged breaches of confidence, use of seismic data, contractual transfer fees, limitations and the objective intent of the parties when contracting. (Geophysical Service Incorporated v Falkland Oil and Gas Limited, 2020 ABCA 21).
Constitutional challenge from British Columbia on the TMX Pipeline
Co-counsel to the Exploration and Producers Association of Canada in its intervention at the Supreme Court of Canada in BC v. Canada. The case considered the constitutionality of British Columbia's proposed restrictions on heavy oil in the TMX Pipeline.
Royalties dispute before the Alberta Court of Queen's Bench
Counsel in the successful claim for royalties payable by the defendant. Issues involved the proper interpretation of the royalty agreement and the objective intentions of the parties. (Obsidian Energy Partnership v Grizzly Resources Ltd., 2019 ABQB 406).
Successful summary dismissal before the Alberta Court of the Queen's Bench
Co-counsel for the successful defendant on the summary dismissal of a claim to a number of disputed facilities. The matter turned on the proper interpretation of joint venture agreements and the CAPL Operating Procedure and the objective intentions of the parties to the contract. (O'Chiese Energy Limited Partnership v Bellatrix Exploration Ltd., 2019 ABQB 53)
MEG Energy Corp.'s hostile tender offer from Husky Energy
Counsel to MEG, a Canadian oil sands producer, and its board of directors in response to the unsolicited tender offer by Husky Energy. Husky sought to acquire the entire share capital of MEG for approximately $6 billion.
Successful defense in a Supreme Court of Canada application for Canadian Natural Resources Limited
Counsel in the successful defense to Wood Group's Supreme Court of Canada application for leave to appeal from the Court of Appeal judgment. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305).
Successfully advised Murphy Oil Company Ltd. in a $22 million dispute
Counsel to the successful defendant in responding to the plaintiff's appeal of a decision dismissing its $22 million claim. Leave to appeal to the Supreme Court of Canada was refused. (Geophysical Service Incorporated v Murphy Oil Company Ltd, 2018 ABCA 380).
Appeal of an arbitration award
Successfully struck an appeal of an arbitration award. (ENMAX Energy Corporation v. TransAlta Generation Partnership, 2018 ABQB 142)
Three successful appeals before the Alberta Courts on behalf of CNRL
Counsel in connection with three successful appeals and one cross appeal before Court of Appeal involving the allocation of damages from a pipeline failure and Pierringer Agreements affect the calculation of damages. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305)
Successful leave application on behalf of CNRL
Counsel in the successful leave application to have the Court of Appeal reconsider its earlier decision in Bedard v Amin, 2010 ABCA 3. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 122).
Successful summary dismissal on behalf of an oil and gas company
Counsel to a junior oil and gas exploration company in the successful summary dismissal of an action based on an alleged breach of a confidentiality agreement, upheld by the Court of Appeal. (Beaumont Resources Ltd. v Cardinal Energy Ltd., 2017 ABCA 416).
Successful appeal overturning a summary judgment order
Counsel to an oil and gas company in a successful appeal overturning a summary judgment order initially granted on the basis of exclusion clauses in the CAPP-CAODC Master Daywork Contract. (Yangarra Resources Ltd. v Precision Drilling Canada Limited Partnership, 2017 ABCA 378).
$45 million action on behalf of CNRL
Counsel to Canadian Natural Resources Limited (CNRL), the owner of a pipeline and related gathering and processing facilities in an $45M action against its engineering, procurement, and construction contractors relating to a 32 km hot emulsion fluid pipeline, which failed after being put into service. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2017 ABQB 106)
Advising an energy operator in a dispute with its joint venture partner
Counsel to an operator in a $19,000,000 claim brought by its joint venture partner alleging that it misallocated gas and condensate volumes from joint wells at its gas processing facility.
Litigation advice to a group of energy companies
Counsel for a large group of defendant oil and gas companies in obtaining a substantial security for costs award against a seismic company. (Geophysical Service Incorporated v. Encana Corporation, 2015 ABQB 196, var'd 2016 ABQB 49).
Joint venture and operating agreements dispute
Counsel to an Alberta exploration and production company in a multi-million dollar claim and counterclaim arising out of late 13th month adjustments, withholding of payment under various joint venture and operating agreements, and the effect of an assignment and novation.
Advising an energy company in a $25 million claim
Counsel to an Alberta exploration and production company in a $25 million claim by a prospective purchaser. The issues include the proper interpretation of an asset purchase agreement, breach of confidence allegations, and the exclusion of consequential losses
Dispute over a pipeline failure
Counsel to upstream producer regarding claims of approximately $450 million arising from the failure of buried, high temperature pipe-in-pipe pipelines.
$25 million freehold lease dispute
Counsel representing two defendants in a $25 million claim brought by 21 plaintiffs and involving seven defendants relating to freehold petroleum and natural gas leases in Alberta, including a lengthy trial before the Court of Queen's Bench of Alberta and appeal to the Alberta Court of Appeal.
Court of Queen's Bench of Alberta trial over a well blowout
Counsel in a $9.5 million claim brought by an operator against a well-control company retained to control a well blowout, which claim proceeded to a lengthy trial before the Court of Queen's Bench of Alberta.
