Michael B. Niven, Q.C.

Partner

“When people come to Carscallen, they’re talking to people who understand business, who’ve been immersed in it for 30 years. Our depth of experience allows us to get to the real issues quickly and find appropriate solutions quickly. We’re not pushing them to solutions that don’t fit their business, or that they don’t understand, or that don’t make sense in the context of the energy business in Calgary. And our clients can spend more time developing their businesses and less time dealing with legal issues. ”

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Expertise

Year of Call

  • 1980, Scotland
  • 1983, Alberta

Education

  • Bachelor of Laws, University of Dundee, Scotland, 1976
  • Master of Laws, University of Alberta, 1977

Professional Associations

  • Canadian Bar Association
  • Calgary Bar Association
  • Director, Freehold Owners Association of Alberta
  • Law Society of Scotland
  • Lawyers Associated Worldwide

Representative Work

  • Was involved in sale of all of the assets of a public oil and gas company in 2010, valued at $35 million.
  • Was involved in sale of all of the assets of a public oil and gas company in 2006, valued at $100 million.
  • Defended litigation by the buyer of all of the assets of a public oil and gas company. Settled without payment on a no costs basis in 2007.
  • Negotiated and documented $9-million pipeline sale and long term gas processing agreement in Northern Alberta in 2006.
  • Has assembled and supervised teams of title lawyers on numerous oil and gas asset transactions with values varying from under $1 million to hundreds of millions, 1990 to 2012.
  • Represented landowner groups before the Alberta Energy and Utilities Board at the 500Kv North-South Transmission Line and participated in the application to the Chief Justice of the Alberta Court of Queen’s Bench (QB) to have that hearing suspended as a result of the EUB ‘spy scandal’, 2007.
  • Represented landowner groups before the Alberta Utilities Commission at the Heartland Project in 2011, the Western Alberta Transmission Line in 2012, and the Eastern Alberta Transmission Line in 2012.
  • Represented landowners affected by Heartland Transmission Project and by EATL before the Alberta Surface Rights Board.
  • Represented landowner groups before the Alberta Utilities Commission at the ATCO Urban Pipeline Renewal Project, 2013.
  • Represented oil and gas exploration and production (E&P) companies before the Alberta Energy Resources Conservation Board in 4 and 5 days hearings for well licences (2010, 2010, 2011, 2012 and 2013).
  • Was court-appointed mineral owners’ representative co-counsel in the Gross Royalty Trust test cases in Alberta QB in 1991, Alberta Court of Appeal in 1994 and leave application to Supreme Court of Canada in 1995. Court-appointed mineral owners’ representative since that date.
  • Has acted for hundreds of mineral owners to have their Gross Royalty Trusts successfully collapsed and removed from the mineral title (1989 to present).
  • Represented a dependent adult who was being emotionally and financially abused by a relative and alternate guardian. Alternate guardian discharged and new guardian appointed and accounting ordered.
  • Represented a corporation which had engaged in sophisticated tax planning for 10 years based on a certain class of shares having been issued. They in fact had not. Negotiated retroactive approval of the share issuance with Canada Revenue Agency (with no additional tax being paid) and obtained the appropriate retroactive Order from QB. (2009)
  • Represented an inventor whose right to a patent was being challenged by the engineer hired by the inventor to draft the drawings for the device. Settled the engineer’s claim without payment and worked successfully with patent counsel to obtain the patent for the inventor. (2000) That inventor is now the largest private employer in a small town in Alberta.

Community Involvement

  • Former member of Federal Judiciary Advisory Committee for Alberta, 2008-2011
  • Member of the Provincial Court Nominating Committee for Alberta 2008-2014 and it’s Chair 2009-2014
  • Founder and director, national board, Canadian Stuttering Association http://www.stutter.ca/
  • Lawyer for Canadian Cancer Society, Alberta/NWT branch
  • Board member, ISTAR (Institute for Stuttering Treatment and Research) http://www.istar.ualberta.ca/

Awards, Recognition & Accomplishments

  • Appointed Queen’s Counsel, 2006
  • Recipient of Queen’s Diamond Jubilee Medal, 2012

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Carscallen LLP
1500, 407 - 2nd Street S.W.
Calgary, Alberta T2P 2Y3

P: 403.262.3775
F: 403.262.2952
info@carscallen.com

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1500, 407 - 2nd Street S.W. Calgary,
Alberta T2P 2Y3

P: 403.262.3775
F: 403.262.2952
info@carscallen.com

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