Keith Marlowe, KC Partner | Calgary

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

• Bausch Health and Valeant in a class action relating to the marketing and sale of products containing opioids (The City of Grande Prairie v. Apotex Inc., et al.)

• 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 and Construction Cases

• Counsel to Coastal GasLink Pipeline in the Supreme Court of Canada and in the Alberta Courts with respect to a successful defense of an injunction application about a draw on a C$117-million letter of credit provided to Coastal GasLink Pipeline by a contractor

• 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

• Acted for Fort Hills Energy/Suncor against an international chemicals company in a C$182-million construction case regarding allegations of product liability and breach of the duty to warn

• 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

Insurance Matters

• Lead counsel for a market of insurers in their successful appeal of a decision about the interpretation and application of a time-detection clause in a pollution liability insurance policy

• Successfully represented two insureds in a precedent-setting case involving the scope of, and exceptions to, an insurer's right and duty to defend

• 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

• Chambers Canada: Canada's Leading Lawyers for Business – 2024–2025 (Insurance: Dispute Resolution)

• The Best Lawyers in Canada (2025: Director and Officer Liability Practice; 2024–2025: Alternative Dispute Resolution, Class Action Litigation; 2022–2025: Corporate and Commercial Litigation)
  

• 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)

• The Canadian Legal Lexpert Directory 2023 (Repeatedly Recommended – Class Actions)

• "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 the treasurer 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 : Supreme Court of Canada Denies Leave Application: Strong Case of Fraud Required to Refuse Payment of Letter of Credit
  Blakes Bulletin on Litigation & Dispute Resolution, May 16, 2024.
• Co-author : Class Actions: Saskatchewan Court of Appeal Brings “Order” to Sequencing of Dispositive Applications
  Blakes Bulletin on Class Actions, February 7, 2024.
• Co-author : Recent Judicial Decisions of Interest to Energy Lawyers
  Alberta Law Review, Vol. 61, No. 2, December 8, 2023.
• 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 : Product Liability in Canada: Emerging Trends in Class Actions
  Blakes Business Class Seminar, September 19, 2024.
• 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 Business Class Seminar, December 1, 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