Michael O’Brien

Michael O’Brien has more than 20 years of experience representing clients in a wide variety of high-stakes complex commercial and civil litigation matters. A partner in the MLT Aikins advocacy group, Michael has extensive experience representing clients across a range of industries with particular depth in the energy sector (including power and oil and gas), cybersecurity, intellectual property and class actions. His practice includes all areas of corporate, commercial and real property litigation, including mediations and arbitrations.

Michael has significant experience before the courts in trials and appeals, including numerous reported cases as lead counsel and co-counsel. He has appeared before all levels of court in Alberta, the Federal Court of Canada and various tribunals including the Land & Property Rights Tribunal and the Alberta Human Rights Commission. He is also highly experienced in arbitration and mediation, having acted in numerous complex multi-party proceedings.

In addition to his dispute resolution work, Michael helps clients craft and carry out effective legal strategies that support their business objectives.

• Facilitator and competency evaluator, Centre for Professional Legal Education bar admission course, Legal Education Society of Alberta (since 2010)
• Instructor, Intensive Civil Trial Advocacy Course, University of Calgary Faculty of Law
• Instructor, 2025 Intensive Advocacy Course, Legal Education Society of Alberta
• Former instructor, Law 505: Civil Procedure, University of Calgary Faculty of Law
• Member, Calgary Bar Association
• Member, Canadian Bar Association
• Judge, McGillivray Moot, University of Calgary
• Former board member, Calgary Legal Guidance

A sought after presenter and knowledge leader, Michael has authored many publications and is a frequent speaker on developments and issues in litigation and dispute resolution, the energy sector, environmental law and securities litigation – among others.

• Frequent contributor, “Law Matters,” Canadian Bar Association
• Co-author, “Crypto Class Action Certified by Ontario Court of Appeal,” Blakes Bulletin on Securities Litigation (April 17, 2025)
• Co-author, “Court Issues Permanent Injunction Against Bitcoin Mining on Oil and Gas Lease,” Blakes Bulletin on Litigation & Dispute Resolution / Energy (March 17, 2025)
• Co-author, “Should courts be less reticent to set aside arbitral awards for breaches of procedural fairness?,” Law360 Canada (February 14, 2025)
• Co-author, “Limitations for Patent Infringement Claims: Alberta Law Clarified by Rare Five-Member Appellate Panel,” Blakes Bulletin on Litigation & Dispute Resolution (February 3, 2025)
• Co-author, “Alberta Court Confirms Security for Costs Test for Corporations,” Blakes Bulletin on Litigation & Dispute Resolution (December 18, 2024)
• Co-author, “Ontario Court of Appeal Confirms Crypto Company’s Arbitration Agreement Void,” Blakes Bulletin on Arbitration (November 15, 2024)
• Co-author, “European Court Declares Switzerland’s Responsibility to Combat Climate Change to Protect its Citizens’ Human Rights,” Blakes Bulletin on Litigation & Dispute Resolution (May 31, 2024)
• Co-author, “Civil Implications of the New Criminal Interest Rate Regulations,” Blakes Bulletin on Financial Services Regulatory / Litigation & Dispute Resolution (February 23, 2024)
• Co-author, “Alberta Replaces Summary Trials With Streamlined Trials,” Blakes Bulletin on Litigation & Dispute Resolution (January 19, 2024)
• Co-author, “Alberta’s New Tort of Harassment,” Blakes Bulletin on Litigation & Dispute Resolution (August 8, 2023)
• Co-author, “Getting Closure: Alberta Court Rejects Attempt to Hold Purchaser Liable for a Seller’s Post-Closing Royalty Arrears,” Blakes Bulletin on Energy (June 20, 2023)
• Co-author, “’Just When I Thought I Was Out, They Pull Me Back In’: British Columbia Supreme Court Affirms Goal of Promoting Settlement in Multiparty Litigation,” Blakes Bulletin on Litigation & Dispute Resolution (April 4, 2023)
• Co-author, “Appeal Court affirms importance of precise language in ex parte orders,” The Lawyer’s Daily, LexisNexis Canada (September 20, 2022)
• Co-author, “Alberta Court of Appeal Affirms Importance of Precise Language in Injunction Orders,” Blakes Bulletin on Litigation & Dispute Resolution (August 25, 2022)
• Co-author, “Canadian Defence Strategies to Climate Change Litigation,” Blakes Bulletin on Litigation & Dispute Resolution (February 11, 2020)
• Co-author, “Climate Change Litigation Heats Up: Emerging Trends and Analysis,” Blakes Bulletin on Litigation & Dispute Resolution (December 19, 2019)
• Co-author, “Environmental Litigation on the Rise in Corporate Canada and Around the World,” Blakes Bulletin on Energy Litigation (September 10, 2019)

• Recognized in the 2025 edition (and since 2022) of the Best Lawyers in Canada (Class Action Litigation)
• Recognized in the 2020 edition of the Best Lawyers in Canada (Lawyer of the Year – Class Action Litigation, Calgary)
• Recognized as a 2025 Thomson Reuters Stand-out Lawyer (and 2021)
• Recognized in the 2025 edition of Benchmark Canada as a Litigation Star (Litigation)
• Recognized as a Benchmark Canada Future Star (2021–2024)
• Recognized on Benchmark Canada’s “40 & under” list (2021–2022)

Commercial/energy

• Advised 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 $1-billion transaction (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 defended ENMAX in connection with the defence of a high-profile, $600-million action by the Attorney General of Alberta which sought to set aside a provision in an instrument under which it was terminated
• Litigation counsel to Philips Electronics in successfully enforcing a forum selection clause resulting in the stay of a number of related Alberta Actions
• Defence and prosecution of multiple claims regarding alleged cost overruns and billing disputes with respect to the construction of an oilsands facility
• Routinely acts for energy companies in Power Purchase Arrangement disputes including numerous court actions and arbitrations

Intellectual property

• Co-counsel in a Benchmark “Impact Case of the Year,” which involved defending a $12-billion patent claim (2017)
• Litigated a number of cybersecurity matters including data breach incidents

Class actions

• Successfully defended class actions on behalf of Canadian and U.S. financial institutions with claims in excess of $100-million arising from alleged ponzi schemes
• Summarily dismissed a $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 litigated 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
• Routinely acts as Independent Supervising Solicitor (ISS) on Anton Piller orders

Recent reported cases

• 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