Marathon Canada Limited v Enron Canada Corp., 2008 ABQB 770, 2008 ABQB 408, 2006 ABQB 691, 2006 ABQB 651

Represented Marathon Canada in a $93 million action brought by the Canadian subsidiary of Enron. Enron alleged that Marathon breached its Master Agreement by terminating a forward gas contract and failing to continue to supply natural gas. Issues before the court included unjust enrichment, the duty of good faith in contract, junk science and industry custom and practice. After three and a half months of trial, it was found that a Material Adverse Charge had occurred which entitled Marathon to give notice of termination and Enron's claim was dismissed. The Court of Appeal concurred and Enron’s leave to appeal application to the Supreme Court of Canada was denied.