Keith Marlowe, KC, Calgary

About Keith

Keith is an on-the-feet litigator with extensive courtroom and arbitration experience. With over 55 reported decisions in Alberta, British Columbia, Saskatchewan and Manitoba, plus numerous other unreported decisions and confidential arbitration awards, he has a proven track record of success in prosecuting and defending complex legal disputes. Clients say that Keith is "an excellent litigator, he's smart, he's articulate, and he exercises very good judgment."

In 2022, Keith received the honourary title of King's Counsel (KC) in recognition of his significant contributions to the legal profession and the community. He has also earned rankings and recognition from several industry publications, including Chambers Canada: Canada’s Leading Lawyers for Business for Insurance Dispute Resolution, The Canadian Legal Lexpert Directory as "Repeatedly Recommended" for Class Actions and The Best Lawyers in Canada for Alternative Dispute Resolution, Class Actions, and Corporate and Commercial Litigation. In addition, Thomson Reuters has recognized Keith as a "stand-out lawyer," as judged by senior in-house counsel.

After clerking with the Superior Court of Justice for Ontario, Keith worked at an Am Law 100 firm in New York for several years. Thereafter, he joined Blakes in 2012 and was elected to the partnership in 2017. Keith has a broad corporate-commercial litigation practice and devotes a significant portion of his practice to class-action litigation, construction disputes, and insurance coverage and disputes.

He has appeared as lead counsel before the Supreme Court of Canada and courts in Alberta, Saskatchewan, British Columbia, Manitoba and Ontario, as well as before courts in New York and Texas. Licensed to practise in multiple jurisdictions, including Alberta, Ontario, New York, Massachusetts, Washington, D.C., and England and Wales, Keith brings a diverse perspective to his legal practice.

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A representative sample of recent experience includes:

Class Actions

Counsel to WestJet in a proposed class action about baggage fees and alleged breaches of the Competition Act
Successfully represented Canada Bread in obtaining a stay of a proposed class action in Alberta about packaged bread products and alleged breaches of the Competition Act

Corporate/Commercial Cases

Successfully represented a major Canadian municipality in a four-week C$125-million commercial arbitration about allegations of unlawful termination, delay, disruption and bad faith in the context of a significant public transportation infrastructure project
Counsel to Healthcare of Ontario Pension Plan (HOOPP) with respect to a construction performance bond provided to HOOPP by Clark Builders and The Guarantee Company of North America in connection with a warehouse construction dispute involving alleged negligent workmanship
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

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
Represented Tundra Oil & Gas and its insurers in a subrogated action 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

Commercial/Product Liability 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
Successfully represented a major Canadian municipality in a four-week C$125-million commercial arbitration about allegations of unlawful termination, delay, disruption and bad faith in the context of a significant public transportation infrastructure project
Acted for Fort Hills Energy against an international chemicals company in a C$182-million construction case regarding allegations of product liability and breach of the duty to warn
Successfully defended an original equipment manufacturer in equipment breakdown claims involving allegations of negligent design and manufacturing

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

Recent reported decisions in which Keith has been involved include:

Goldenkey Oil Inc (Re), 2023 ABKB 263
Rocky View Water Co-Op Ltd v Cidex Developments Ltd, 2022 ABCA 422
Gunda v Allied Shortridge Enforcement Agency, 2022 ABKB 638
Joshi v Canadian Imperial Bank of Commerce, 2022 ABKB 137
Hoedel v WestJet Airline Ltd., 2022 SKCA 27
Statt v SGI Insurance Services Ltd., 2021 ABCA 268
Ravvin v Canada Bread Company, Limited, 2020 ABCA 424
Bank of Montreal v. Ladacor AMS Ltd, 2019 ABQB 985
Statt v. SGI Canada Insurance Services Ltd, 2019 ABQB 828
Fort Hills Energy LP v. Jotun A/S, 2019 ABQB 237
HOOPP Realty Inc v. Guarantee Company of North America (2015 ABQB 270, affirmed 2015 ABCA 336 and 2018 ABQB 634, affirmed 2019 ABCA 443)
HOOPP Realty Inc v. Emery Jamieson LLP, 2018 ABQB 276
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)
Matter of Marcelina M.-G. v. Israel S., 112 AD3d 100 (2d Dep't 2013)

Awards & Recognition

Thomson Reuters Stand-out Lawyers – Independently Rated Lawyers – 2019–2024 (As nominated by senior in-house counsel: "He is an excellent litigator, he's smart, he's articulate, and he exercises very good judgment." – Comment from the 2020 edition)
Chambers Canada: Canada’s Leading Lawyers for Business 2024 (Insurance: Dispute Resolution)
The Best Lawyers in Canada 2024 (Alternative Dispute Resolution, Class Action Litigation, Corporate and Commercial Litigation)
The Canadian Legal Lexpert Directory 2023 (Repeatedly Recommended – Class Actions)
The Best Lawyers in Canada 2023 (Corporate and Commercial Litigation)
"Direct Service Volunteer Lawyer" Volunteer of the Year in 2016 (Recognized by the Children's Legal & Education Resource Centre "for outstanding service and commitment to CLERC's mission")
Matthew G. Leonard Partner in Justice Award for Pro Bono Excellence 2012 (From MFY Legal Services, Inc. in recognition and appreciation for his efforts with the Kinship Caregiver Law Project, which provides pro 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)