Michael Marion is a partner in our Commercial Litigation Group in our Calgary office. Michael practises commercial litigation, arbitration and administrative law, with a focus on oil and gas and energy litigation and regulatory proceedings, corporate commercial litigation, expropriation and municipal law and bankruptcy and insolvency. Michael regularly appears before the Alberta Court of Queen's Bench, the Alberta Court of Appeal, commercial arbitrators and administrative tribunals.
Michael’s oil and gas litigation practice involves a wide array of upstream, midstream and downstream oil and gas litigation issues, including complex contractual disputes arising out of oil and gas freehold and Crown leases, ownership and title issues, purchase and sale agreements, rights of first refusal, pipeline tariffs and tolls, operating agreements and procedures, net profits agreements, carried accounts, farmout agreements, royalty agreements, trust certificates, unit agreements, pooling arrangements, participation agreements, plant construction and operation agreements, processing agreements, seismic, surface leases and surface access agreements, storage agreements, road access agreements, water disposal agreements and service station franchise agreements. Michael’s oil and gas litigation practice also includes significant work related to subsurface trespass, insolvency, environmental liability, intellectual property and confidential information, product liability, negligence and construction disputes involving oil and gas operations. Since 2013, Michael’s litigation practice has been recognized by Chambers Global – The World’s Leading Lawyers for Business (Dispute Resolution: Alberta).
In his oil and gas and energy regulatory practice, Michael regularly assists clients with making or opposing regulatory applications before the Alberta Energy Regulator. Michael’s experience includes regulatory advisory and hearing work relating to all aspects of project, well, and pipeline approvals including standing, consultation, environmental impact, integrity, maintenance, design, routing and emergency response. Michael’s experience in other regulatory advisory and hearing matters includes storage reservoirs, pool delineation and producing zone determination, trespass and entitlement issues, compulsory pooling, shut-ins and suspensions, off-target and abandonment issues. Michael also has experience assisting oil and gas clients with other regulatory regimes and tribunals, including the Crown lease tenure system, the Public Lands Act, the Surface Rights Board, the Alberta Securities Commission, and in defending environmental and Water Act enforcement or prosecutions. Since 2011, Michael’s energy regulatory practice has been recognized by The Best Lawyers in Canada® (Energy Regulatory Law).
Michael has a general corporate and commercial litigation practice involving corporate litigation (derivative actions, oppression, shareholder rights, share valuations), commercial leasing matters, franchise litigation and arbitration, misuse of confidential information and intellectual property, land ownership and development disputes, professional liability, negligence, construction, Anton Piller and Norwich Pharmacal orders and general contractual matters.
In Michael’s bankruptcy and insolvency practice, he has acted on behalf of receivers, monitors, trustees in bankruptcy and creditors in receiverships, bankruptcies and restructurings pursuant to the Companies' Creditors Arrangement Act. In 2015, Michael’s bankruptcy and insolvency practice was recognized by The Best Lawyers in Canada® (Insolvency and Financial Restructuring Law).
Michael has guided over 50 commercial and residential landowners through the Alberta expropriation negotiation, inquiry and compensation processes when lands are required or impacted by municipal, provincial or railway projects. Michael’s experience includes work in all major and many other Alberta municipalities, as well as in Saskatchewan, Manitoba and the Northwest Territories. Michael’s municipal litigation practice also includes matters related to municipal liability, business licence reviews, bylaw challenges, planning and development, and municipal tax assessment.
Michael is a frequent writer on matters of interest to his varied practice. Prior to beginning his articles with BLG in 1999, Michael clerked with the Alberta Court of Appeal and Alberta Court of Queen's Bench in 1998 and 1999.