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

  • Provided strategic advice to several United States corporations regarding the applicability of Canadian unclaimed property legislation

Insurance Matters

  • Successfully represented two insureds in a precedent-setting case involving the scope of, and exceptions to, an insurer’s right and duty to defend. In an Alberta first, the Court concluded that, in an appropriate case, an insurer may have to surrender its right and duty to defend to its insured, thereby permitting the insured to control his or her own defence and to appoint defence counsel of his or her own choosing, at the insurer's cost

  • 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:

  • Temple Insurance Company v. Sazwan, 2018 ABQB 156

  • Tundra Oil & Gas Limited v. Enbridge Bakken Pipeline Company Inc. and Surerus Pipeline Inc., 2018 MBQB 39

  • 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, March 14, 2018.
Blakes Bulletin on Litigation & Dispute Resolution, May 1, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, June 15, 2016.
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PROFESSIONAL APPEARANCES
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Speaker: Alternative Dispute Resolution and Bad Faith Claims
Panel, Calgary Risk and Insurance Education Forum: Claims - The Good, The Bad & The Ugly, Blakes and Charles Taylor Adjusting, Calgary, Alberta, February 28, 2018.
Co-speaker: Charter of Rights - Amending the Process
Panel, Calgary Risk and Insurance Education Forum: Claims - The Good, The Bad & The Ugly, Blakes and Charles Taylor Adjusting, Calgary, Alberta, February 28, 2018.
Speaker: Moving Oil in Canada
Panel, Toronto Risk and Insurance Education Forum: Environmental - Spills, Thrills and Insurance, Blakes and Charles Taylor Adjusting, Toronto, Ontario, November 2, 2017.
Speaker: The Life of an Asset
Panel, Toronto Risk and Insurance Education Forum: Environmental - Spills, Thrills and Insurance, Blakes and Charles Taylor Adjusting, Toronto, Ontario, November 2, 2017.
Co-speaker: Cross-Border Discovery
2017 Lex Mundi Litigation, Arbitration, and Dispute Resolution Practice Group, North America Regional Meeting, Montreal, Quebec, October 20, 2017.
Speaker: Claims & Coverage Panels
Toronto Risk and Insurance Education Forum: Construction - Cranes, Claims & Insurance, Blakes and Charles Taylor Adjusting, Toronto, Ontario, November 10, 2016.
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MEDIA APPEARANCES
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Quoted: 37 Canadian law students killed in WWI called to bar 100 years later
Global News, November 9, 2018.
Quoted: A piece of closure: Law students killed in First World War called to bar 100 years later
Article by Lauren Krugel, The Canadian Press, November 9, 2018.
Quoted: Alberta bar call offers closure for families of law students killed in Great War
Article by Ian Burns, The Lawyer's Daily, November 6, 2018.
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