Keith Marlowe, KC

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

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 a Canadian energy company 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)

• 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)

• Benchmark Canada (40 & Under Hot List 2019)

• Thomson Reuters Stand-out Lawyers – Independently Rated Lawyers – 2019-2020 (As nominated by senior in-house counsel; formerly, Acritas Stars: "He is an excellent litigator, he's smart, he's articulate, and he exercises very good judgment.")

• "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)

Keith is a director of the Legal Archives Society of Alberta.

He is also a member of the advisory board of the dual JD program at the University of Windsor, Faculty of Law and the University of Detroit Mercy, School of Law.

• Co-author: Prove It or Lose It: Alberta Court Provides Guidance on Evidence Required for Approval of Litigation Trusts and Litigation Financing
  Blakes Bulletin on Restructuring & Insolvency, June 19, 2023.
• Co-author: Alberta Court Upholds Severe “Common-Law-Fraudulent-Claims” Rule in Insurance Case
  Blakes Bulletin on Insurance / Litigation & Dispute Resolution, February 16, 2023.
• Co-author: Alberta Court of Appeal Confirms Gatekeeping Role of Class Action Certification Justices
  Blakes Bulletin on Litigation & Dispute Resolution, February 9, 2023.
• Co-author: Ontario Court Awards Blockbuster Damages for Busted Cinema Deal
  Blakes Bulletin on Mergers & Acquisitions / Litigation & Dispute Resolution, December 23, 2021.

• Co-speaker: Class Actions in Canada – From Then to Now and Parts in Between Panel Discussion
  Toronto Risk and Insurance Education Forum, Toronto, Ontario, February 23, 2023.
• Co-speaker: Legal & Class Action Update Panel
  Calgary Risk and Insurance Education Forum: Insurance and the Energy Industry - A Look-Ahead to 2023, Calgary, Alberta, February 13, 2023.
• Speaker: CDRI Seminar Series: Delay and Damages
  Blakes Webinar, December 1, 2021.
• Co-speaker: Class Actions in 2021: Trends and Developments
  Blakes Webinar, March 9, 2021.

• Interviewed: Calgary Risk and Insurance Education Forum: Insurance and the Energy Industry - A Look-Ahead to 2023
  Global Television, February 13, 2023.

Appointed King's Counsel – 2022
Admitted to the England and Wales Bar – 2013
Admitted to the Alberta Bar – 2012
Admitted to the Ontario Bar – 2009
Admitted to the New York State Bar – 2009
Admitted to the District of Columbia Bar – 2009
Admitted to the Massachusetts Bar – 2008
JD (Summa Cum Laude), University of Detroit Mercy, School of Law – 2008
LLB (Board of Governors' Medal), University of Windsor, Faculty of Law – 2008