Marlena Bova color copy

Marlena Bova

Associate

403.260.0179
mbova@bdplaw.com
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Education:
University of Manitoba, J.D., 2013

University of Manitoba, Bachelor of Arts with Distinction, 2007

Bar admission: Alberta 2014 and Saskatchewan 2016
Industries:
Construction
Practice areas:
Construction litigation, Intellectual property, Litigation and dispute resolution

Experience

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.

Professional history

  • 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.

Community involvement

  • 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

Professional involvement

Professional associations

  • 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

Presentations

Marlena has presented at various conferences, panels, seminars, and other events, including:

  • Panelist at the Young Canadian Arbitration Practitioners Fall Symposium (2019)
  • Contributor for “Bid Evaluation/Selection Methods,” Federated Press 5th Public Construction Contracting and Tendering Course (October 2014)

Published articles

Prior to joining BD&P Marlena co-authored articles published in legal journals and publications, including:

  • Alberta Builders' Lien Act gets some judicial attention in The Lawyer's Daily (March 2019)
  • Lien Fund or Lean Fund: Setting-Off Against Part B under the Alberta Builders’ Lien Act in Lexology (February 2019)
  • Predictive Coding: The Effective Use of Technology for the Preservation and Presentation of Documents in construction Trials and Arbitration in the Canadian College of Construction Lawyers (May 2015)

Representative work

Brookfield Infrastructure Partners L.P's $6.8 billion acquisition of Inter Pipeline Ltd.

Counsel to Inter Pipeline Ltd. in its acquisition by Brookfield Infrastructure Partners L.P pursuant to a statutory plan of arrangement for $6.8 billion.

Precedent-setting securities law decision

Counsel successfully representing Inter Pipeline Ltd. (IPL) in a precedent-setting case before the Alberta Securities Commission. The case addressed Brookfield Infrastructure Partners L.P.'s use of total return swaps in its takeover bid of IPL. The decision is the first time that a Canadian securities regulator has directly addressed the use of total return swaps within the context of takeover bids following the changes to the Canadian takeover bid regime in 2016. (Re Bison Acquisition Corp., 2021 ABASC 100)