Background

Michael Massicotte is a partner practising in our Calgary office. Michael articled with the firm and, in 1992, was admitted to both the Alberta Bar and the Law Society of Upper Canada.

Michael graduated on the Dean's Honour List from the University of Western Ontario with a Bachelor of Laws Degree and also holds a Bachelor of Commerce Degree from the University of Windsor.

Michael is the Regional Focus Group Leader for Environmental Law, the former Regional Practice Leader for the firm's Insurance and Tort Liability Group and is also a member of the firm's Oil and Gas Focus Group, Environmental Law Group, Climate Change Group, and Environmental, Municipal, Expropriation and Regulatory Group.

Areas of Practice

Michael practises in corporate and commercial litigation, energy litigation and regulatory law, including oil and gas related matters. In addition, he has amassed vast experience in matters involving insurance, municipal law, health law and transportation law claims.

Professional Experience

Michael is the registered attorney for the Province of Alberta for a number of national and international companies and has accumulated significant experience acting as lead and co-counsel in a variety of matters, including the following:

• obtaining regulatory approvals for oilsands projects, including approvals involving environmental impact assessments;
• protracted litigation on behalf of an Alberta natural gas storage facility;
• Advising the Government of Alberta on regulatory, consultation and classification issues related to carbon dioxide and carbon capture and storage project development;
• various environmental and other regulatory matters, including successfully defending a Water Act prosecution;
• various regulatory matters before the Alberta Utilities Commission on behalf of an Alberta electric transmission facility;
• constitutional law matters, including having acted as co-counsel for the Government of Alberta, successfully defending the minor injury cap under the Minor Injury Regulation;
• a broad range of commercial disputes including banking and bankruptcy and receivership matters, having acted as co-counsel in the Royal Bank v. W. Got and Associates Electric Ltd. litigation (heard by the Supreme Court of Canada), and on behalf of the Government of Alberta in the ATB v. West Edmonton Mall litigation, among other matters;
• product liability matters, including aviation and automobile-related claims;
• directors and officers, and fidelity insurance, life and disability insurance claims;
• personal injury claims, including automobile accident, occupiers liability and social host liability claims;
• medical liability, health law litigation and professional negligence claims; and
• transportation law, having been counsel for one Canada's largest group of trucking and logistics companies.

Michael has appeared as counsel before every level of Court in Alberta, the Supreme Court of Canada, and various regulatory and other administrative tribunals.

Publications and Conferences

Michael has been involved in the preparation of a large number of papers and articles addressing a wide range of legal issues and has presented a variety of topics at numerous seminars. Recent publications include:

• “The Changing Legislation and Regulation of Carbon Capture and Storage – Impacts on Purpose, Policy and Projects”, 2011 Canada Energy Law Foundation Jasper Seminar/ Petroleum Law Edition, Alberta Law Review, co-authored and co-presented with Alan L. Ross
• “The Changing Legislation and Regulation of Carbon Capture and Storage”, Canadian Bar Association, April 21, 2011
• “Alberta’s Electricity Sector and Climate Change: The Quest for Renewable Energy”, Edge on Energy Seminar, November 30, 2010
• “Crown to be Owner of Pore Space and Liable in Respect of Carbon Capture and Storage Projects – Bill 24”, November 16, 2010, BLG Oil and Gas Bulletin
• “Land Locked – Regional Planning in Alberta Could Impact Water Regulation”, Water Canada Magazine, November/December 2010, co-authored with Michael A. Marion
• “MiningWatch Canada v. Canada (Fisheries and Oceans)”, February 12, 2010, BLG Oil and Gas Bulletin
• “Crown Consultation of First Nations – More to Come…Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council”, May 11, 2010, BLG Oil and Gas Bulletin