Marlena is an experienced litigation lawyer with a practice that focuses on commercial litigation matters, complex infrastructure disputes and professional negligence claims. She also has experience advising on insurance defence litigation, course of construction claims including surety, lien and bond matters, complex technical claims including patented chemical processes and geotechnical claims, and product liability.
Marlena has appeared before the Provincial Court of Alberta, the Alberta Court of Queen's Bench and arbitral tribunals in various jurisdictions. She has also acted in Judicial Review applications of Veteran's Review and Appeal Board decisions regarding pension and entitlement matters before the Federal Court of Canada.
Prior to her role at BD&P, Marlena was in-house counsel advising on risk and conflicts for a national law firm.
- University of Manitoba, J.D., 2013
- University of Manitoba, Bachelor of Arts with Distinction, 2007
- Alberta 2014
- Saskatchewan 2016
- Member, Canadian Bar Association
- Member, Canadian Bar Association Construction Group
- Member, Law Society of Alberta
- Member, Law Society of Saskatchewan
- Member, Calgary Bar Association
- Member, The Advocates' Society
- Member, Young Canadian Arbitration Practitioners
Honours & Recognition
- Named as Risk Lawyer of the Year, Lawyer Monthly Legal Awards 2019
- Counsel to an energy infrastructure company in resisting a hostile takeover bid involving novel and improper securities disclosure before the Alberta Securities Commission
- Counsel for a design-build contractor arising out of the design and construction of a highway infrastructure project in Southern Manitoba.
- Counsel for an EPC contractor involved in a dispute with the owner and operator of a one-of-its-kind carbon capture facility.
- Regularly represents owners, general contracting firms and subcontractors in matters ranging from residential construction to major infrastructure projects throughout western Canada.
- Represents contractors and architectural and engineering firms in disputes involving building failures, geotechnical issues and builders’ lien actions.
- Acted as counsel for surety and insurance companies in respect of performance bonds and labour and material bonds.
- Acts regularly as counsel for insurers defending claims brought against insureds and providing opinions respecting builder’s risk/COC, CGL and E&O policy coverage issues.
- Assisted as counsel for the receiver in the receiverships of Spyglass Resources Corp. with respect to evaluation of builders’ liens claims.
- Panelist, Young Canadian Arbitration Practitioners Fall Symposium, Banff 2019
- Contributor, “Bid Evaluation/Selection Methods,” Federated Press 5th Public Construction Contracting and Tendering Course, October 2014
- Director, the PREP Society
- Volunteer, Pro Bono Law Alberta
- Volunteer, Queen’s Bench Amicus Court Assistance Program
- Volunteer duty counsel, Provincial Court Civil Claims
- Past Director, WINK (Women Investing in Knowledge)
- Past Director, Keys 2 Recovery
- Co-Author, Alberta Builders' Lien Act gets some judicial attention, The Lawyer's Daily, March 2019
- Co-Author, Lien Fund or Lean Fund: Setting-Off Against Part B under the Alberta Builders’ Lien Act, Lexology, February 2019
- Co-Author, Predictive Coding: The Effective Use of Technology for the Preservation and Presentation of Documents in construction Trials and Arbitration, Canadian College of Construction Lawyers, May 2015