Keith Marlowe
Partner | Calgary
Calgary: 403-260-9632

Keith is a Partner in the Litigation and Dispute Resolution Group. Keith practices corporate/commercial litigation with a special focus on all aspects of insurance coverage and defence, franchise disputes, intellectual property litigation, and class actions. Keith also maintains an active advisory practice in connection with the procurement and renewal of insurance programs for clients, including conducting independent program reviews regarding the comprehensiveness and appropriateness of insurance coverage and recommended enhancements.

Keith has appeared as lead counsel at all levels of court in Alberta, including on trials, appeals and chambers applications. Keith has also appeared for clients in the State of New York (state and federal courts) and the State of Texas (federal courts).

SELECT EXPERIENCE

A representative sample of recent experience includes:

Commercial/Energy Cases

  • Counsel to Pembina Pipeline Corporation in the Court of Appeal of Alberta in its successful defense of a challenge to the license authorizing its construction and operation of two pipelines from Fox Creek to Namao, Alberta

  • Acted for a major, multinational oil and gas company with respect to equipment failures and resultant fires at an Alberta oil sands facility

Insurance Matters

  • Representing a Canadian energy company and its insurers with respect to a pipeline failure and spill in Manitoba

  • Conducting annual independent insurance program reviews for several utilities, energy producers, pipeline companies, and oil field service providers

Franchise Cases

  • Acting for a franchisor regarding the breach of a franchise agreement and theft of intellectual property by a former franchisee

  • Defending a franchisor with respect to allegations made by a franchisee that the franchisor violated the Franchises Act

Intellectual Property Cases

  • Successfully defended Nexen at trial and on appeal with respect to a C$50-million claim involving allegations of breach of confidence (theft of intellectual property), employment discrimination and defamation

Class Actions

  • Counsel in a proposed class action in the airline industry alleging breaches of the Competition Act and various other economic claims

Recent reported decisions in which Keith has been involved include:

  • Correa v. 368753 Alberta Ltd, 2017 ABQB 103

  • Bokenfohr v. Pembina Pipeline Corporation, (2017 ABCA 40 and 2016 ABCA 382)
  • Pembina Pipeline Corporation, Alberta Energy Regulator Costs Order 2016-003
  • Seyedi v Nexen, 2016 ABCA 24 (leave to appeal to the SCC dismissed 10-06-2016)

  • Milavsky v. Milavsky, (2016 ABQB 410, 2016 ABQB 347, 2016 ABQB 333, 2015 ABQB 395, and 2014 ABQB 321)
  • Linde Canada Limited v. Luff Industries Ltd, 2016 ABQB 298
  • HOOPP Realty Inc v. The Guarantee Company of North America, 2015 ABQB 270, affirmed 2015 ABCA 336
  • Matter of Marcelina M.-G. v. Israel S., 112 AD3d 100 (2d Dep't 2013)
AWARDS & RECOGNITION

In 2016, Keith was recognized as the "Direct Service Volunteer Lawyer" Volunteer of the Year by the Children's Legal & Education Resource Centre "for outstanding service and commitment to CLERC's mission."

In 2012, he received the Matthew G. Leonard Partner in Justice Award for Pro Bono Excellence from MFY Legal Services, Inc. in recognition and appreciation for his efforts with the Kinship Caregiver Law Project, which provides bono services to low-income residents of the State of New York in adoption, guardianship and custody matters in Family Court and Surrogate's Court.

PUBLICATIONS
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Blakes Bulletin on Litigation & Dispute Resolution, May 1, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, June 15, 2016.
Co-author: Rethinking Limits
Canadian Underwriter Magazine, January 2015.
Blakes Bulletin on Litigation & Dispute Resolution, December 2014.
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PROFESSIONAL APPEARANCES
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Speaker: Claims & Coverage Panels
Toronto Risk and Insurance Education Forum: Construction - Cranes, Claims & Insurance, Blakes and Charles Taylor Adjusting, Toronto, Ontario, November 10, 2016.
Speaker: Claims/Legal/Coverage Panel
Toronto Risk and Insurance Education Forum: Power Generation, Blakes and Charles Taylor Adjusting, Toronto, Ontario, November 24, 2015.
Co-speaker: Legal Panel
Calgary Risk and Insurance Education Forum, Blakes and Charles Taylor Adjusting, Calgary, Alberta, October 26, 2015.
Co-speaker: Legal Panel
Calgary Risk and Insurance Education Forum: Business Interruption, Blakes and Charles Taylor Adjusting, Calgary, Alberta, February 2, 2015.
Co-speaker: Five Key Court Decisions with a Significant Impact on Business
Blakes Business Class Seminar, Calgary, Alberta, January 27, 2015.
Co-speaker: Oil by Rail: Strategies to Successfully Navigate the Legal, Risk and Insurance Challenges
Southern Alberta Risk and Insurance Management Society seminar, Calgary, January 8, 2015.
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