Keith Marlowe, KC

Keith Marlowe, KC, is a seasoned litigator with a practice focused on complex corporate disputes, class actions, construction and infrastructure litigation, and insurance coverage matters. He acts in high-stakes proceedings across Canada and internationally, with extensive experience in both trial advocacy and arbitration.

Keith has appeared as lead counsel before the Supreme Court of Canada and appellate and trial courts in Alberta, Saskatchewan, British Columbia, Manitoba, and Ontario. He has also acted in proceedings before courts in New York and Texas. He is called to the bar in Alberta and Ontario, and is also licensed in New York, Massachusetts, Washington, D.C., and England and Wales, which allows him to bring a cross-border perspective to complex disputes.

Clients consistently recognize Keith for his courtroom presence and strategic judgment. He has been described as “smart, articulate, and an excellent litigator,” and as “probably the best guy I have seen in court.”

In 2022, he was appointed King’s Counsel in recognition of his contributions to the legal profession and the broader community. He is ranked and recognized by leading legal directories, including Benchmark Litigation.

Keith is Chair of the Legal Archives Society of Alberta, Chair of the Calgary Stampede Parade Committee, and an appointed member of the Alberta Judicial Compensation Commission and the Alberta Justices of the Peace Compensation Commission.

• Coastal GasLink Pipeline LP – Lead counsel in parallel appellate and arbitration proceedings arising from the termination of a major pipeline contractor. Successfully defended against an injunction and secured the ability to draw on a CAD $117 million standby letter of credit, with the Alberta Court of Appeal decision (2024 ABCA 74) upheld on denial of leave to the Supreme Court of Canada. The dispute, involving claims exceeding CAD $1 billion, proceeded in ICC arbitration and resolved in 2025, preserving critical project security and cashflow.
  
  
• WestJet Airlines Ltd. – Lead counsel in a proposed national class action alleging anti-competitive coordination in the implementation of baggage fees, with alleged exposure in the billions of dollars. Successfully challenged and excluded the plaintiff’s sole expert evidence, including evidence from a prominent passenger advocate, with that ruling upheld on appeal. The plaintiff discontinued all claims in 2025 without payment or admission of liability, eliminating significant nationwide exposure and reputational risk.
  
  
• Major Canadian Municipality (confidential) – Co-lead counsel in a four-week CAD $125 million arbitration involving allegations of wrongful termination, delay, disruption, and bad faith in a major public transit infrastructure project. Successfully defended the claim, navigating complex scheduling, delay, and quantum issues in a technically-intensive construction dispute.
  
  
• Confidential Energy Infrastructure Client – Core member of the lead team in a high-value ICC arbitration arising from the termination for cause of a major contractor from a critical segment of a large Canadian pipeline project. Acted in a team leadership capacity in advancing and defending claims totaling approximately CAD $1.05 billion, involving complex issues of delay, termination rights, project controls, completion certification, and performance security. The matter was resolved in Q4 2025 following coordinated mediation and arbitration strategy.
  
  
• Goldekey Oil Inc. / Indepth Energy Ltd. – Lead counsel in a complex, multi-jurisdictional fraud dispute involving parallel proceedings in Alberta and British Columbia, with aggregate claims and counterclaims of approximately CAD $19 million. The litigation involved allegations of fraud, conspiracy, breach of fiduciary duty, and asset tracing, including efforts to preserve and challenge interests in real property across jurisdictions. Successfully obtained dismissal of the British Columbia action for want of prosecution (2025 BCSC 371), resulting in the discharge of a nine-year certificate of pending litigation against residential property. The Alberta action is ongoing.

• Appellate
• Arbitration
• Class action
• Commercial disputes
• Construction
• Insurance

• Aviation
• Insurance
• Oil and gas

• LLB, University of Windsor, 2008
• JD, University of Detroit Mercy, 2008

• Massachusetts, 2008
• New York, 2009
• District of Columbia, 2009
• Ontario, 2009
• England & Wales, 2013
• Alberta, 2012