Marathon Canada Limited v Enron Canada Corp., 2009 ABCA 31 , 2008 ABCA 424 , 2007 ABCA 27

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.