Michael Mestinsek

Michael E. Mestinsek Partner

Representative Work
  • Bellatrix Exploration Ltd. in a successful summary trial against Bonavista Energy Corporation relating to a dispute arising under the interpretation of a gas handling agreement and the Limitations Act.
  • BP Canada in its C$1B litigation against Aux Sable Canada relating to a twenty year product supply agreement for natural gas and NGLs transported on the Alliance Pipeline.
  • Veolia Water Technologies, Inc. in its C$500M litigation with K+S Potash Canada General Partnership and Aecon Mining Construction Services surrounding the alleged failure of several crystallizer vessels manufactured by Veolia and installed at the K+S mine facility.
  • British American Tobacco PLC in the C$10B action being brought by the Province of Alberta for recoupment of tobacco related health care costs pursuant to the Alberta Crown’s Right of Recovery Act.
  • BP Canada in its C$100M litigation against Alliance Canada Marketing, Enbridge and Veresen in respect of a twenty year capacity utilization agreement for the Alliance Pipeline.
  • Bellatrix Exploration in its litigation with Tidewater Midstream and Infrastructure Ltd. regarding a dispute over NGL and gas handling and processing at a Tidewater facility in northern Alberta.
  • Occidental Petroleum Corp. in its dispute with Canadian Natural Resources Ltd. regarding allocations of costs arising from remediation of several contaminated drilling sites on certain joint venture lands.
  • Catapult Environmental Inc. in its litigation with Dragos regarding the design and construction of a waste water disposal facility in northern Alberta.
  • ConocoPhillips Canada in its C$30M litigation involving design and construction of road culverts and related earthworks for the Surmont Oil Sands Project.
  • Bellatrix Exploration in litigation with Yangarra Resources regarding construction, ownership and operation of the Baptiste Lake 6-21 processing facility and related wells and pipelines.
  • Exchanger Industries in litigation with CNRL surrounding the design, manufacture and supply of industrial heat exchangers for use in the Kirby Oil Sands Project.
  • ARC Financial Corp. in the successful dismissal of litigation regarding technology relating to the design and manufacture of flexible composite pipe for the oil and gas industry.
  • Covidien Canada (Medtronic) in litigation involving the design and manufacture of its DST Stapler, which is used in Canada and globally in surgery for the treatment of advanced colon cancers.
  • GWL Realty Corp. in litigation involving the failure of industrial heat exchanger units at the Gulf Canada Square building in Calgary, Alberta.
  • Mariani Metals in its C$20M litigation with Centre Street Trust involving the delays and other claims relating to the construction of The Bow building in Calgary.
  • Galderma Canada and Galderma US in relation to litigation involving certain skin care products utilized widely by dermatologists.
  • WSP Global in litigation with Global Raymac relating to allegations of breach of fiduciary duty and breach of confidence arising from WSP’s acquisition of Focus Surveys.
  • XL/Catlin in relation to the defence of professional liability and related claims advanced against architects and engineers.
  • Devon Canada Corp. in litigation involving ownership of coal bed methane on split title freehold lands.
  • Korea Deposit Insurance Corporation in its recovery of over C$29M in the receivership of 3 Eau Claire Developments Inc.
  • bcIMC in litigation and arbitration involving substantial defects in a major Calgary apartment and condominium complex.
  • Air Canada in proceedings to recover possession of commercial aircraft under sub-lease agreements.
  • Several domestic and international oil and gas corporations in litigation involving alleged stock option manipulation.
  • Numerous corporations, trusts and other entities in proceedings involving plans of arrangement under the ABCA and CBCA, as well as proceedings under the BIA and CCAA.