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Kimberly Potter Toronto Lawyer

Kimberly Potter

Partner | Co-Leader, ESG and Sustainability Fasken
Jurisdiction Ontario, 2011
Language(s) English
Office(s) Toronto
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Overview

Kimberly (Kim) is a partner in Fasken’s Litigation and Dispute Resolution department and Co-Leader of the Firm’s ESG and Sustainability Practice Group. Her practice focuses on commercial litigation, including complex contractual disputes, professional negligence claims, and shareholder disputes. She regularly represents companies at the Ontario Superior Court of Justice’s Commercial List, a court specializing in commercial matters.

Kim has expertise in administrative law matters, including judicial review. Kim provides strategic advice to professional Colleges, assists in drafting regulations, and has acted as independent legal counsel to the Discipline and Fitness to Practice Committees of the College of Physicians and Surgeons of Ontario.

Kim has industry expertise in mining. She acts for mining companies in disputes before the specialized Ontario Lands Tribunal (formerly the Mining and Lands Tribunal) and in appeals from that Tribunal. She also represents mining companies in contractual disputes involving mining rights. She holds the Osgoode Certificate in Mining Law.

Kim has appeared before administrative tribunals, all levels of court in Ontario, and the Supreme Court of Canada. Prior to joining Fasken LLP, Kimberly clerked at the Ontario Court of Appeal for the Honourable Justices Goudge, Juriansz and Ducharme.

Kim is an active member of the legal community. As part of her pro bono practice, she successfully represented the Canadian Civil Liberties Association in striking down the mandatory minimum sentence under the Criminal Code for possession of a loaded firearm in R v. Nur, 2015 SCC 15.  She is currently a member of the Mid-Career Advocates’ Standing Committee (MASC) of the Advocates’ Society.

Kim was ranked as a “Leading Lawyer Under 40” in 2024 by Lexpert, ranked in the 2024 and 2025 editions of The Best Lawyers in Canada for her work in Corporate and Commercial Litigation and Administrative and Public Law, is repeatedly ranked as a Future Star in Litigation by Benchmark Litigation, and was ranked in Benchmark’s “40 and Under Hot List” in 2020.

 

Achievements

Client Work

  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Represented BMW in first appellate case in Canada about European data protection requirements and Ontario discovery obligations, [Case - BMW AG and BMW Canada Inc.], Represented a German multinational car manufacturer in foreign data protection requirements and Ontario discovery obligations case.
  • Represented IAMGOLD in defending breach of oral contract claim, [Case - IAMGOLD Corporation], Mining company defends breach of oral contract claim
  • Representing purchaser in a post closing purchase price dispute, [Case - Confidential Client], Purchase price adjustment dispute
  • Representing company in oppression and breach of contract case, [Case - Confidential Client], Representing company in oppression and breach of contract case
  • Grosvenor Park Media Fund LP v. Arc Productions Ltd. et al, [Case - Confidential]
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan]
  • PricewaterhouseCoopers LLP defeats C$5 billion auditor’s negligence action on summary judgment, [Case - PricewaterhouseCoopers LLP], Multinational professional services brand of firms successfully defends against auditors' negligence lawsuit, securing a summary judgment.
  • Children’s Aid Society in a proceeding commenced under the Ontario Class Proceedings Act, [Case - Family and Children’s Services of Lanark, Leeds and Grenville]

Career & Education

Education

  • JD University of Toronto
  • BA (Honours) McGill University

Community involvement

  • Mid-Career Advocates’ Standing Committee, General Member
  • Women’s Legal Education Action Fund, Reproductive Justice Project, Co-Chair
  • Women in Mining Toronto, Executive Committee Member
  • Young Advocates Society Standing Committee, General Member
  • Pro Bono Law Ontario, Volunteer Duty Counsel

Memberships & Affiliations

  • Member, Advocates' Society
  • Member, Law Society of Upper Canada
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association

Knowledge

Events

News

Publications

  • The Healthcare Law Review - Edition 3, 9/1/2019
  • Fraud Unravels Everything: A Limited Justification for Piercing the Corporate Veil, 1/1/2019
  • The Healthcare Law Review - Edition 1, 9/1/2017
Book, Co-Author The Healthcare Law Review - Edition 3
Book, Co-Author Fraud Unravels Everything: A Limited Justification for Piercing the Corporate Veil Todd L. Archibald, ed., Annual Review of Civil Litigation (Toronto: Thomson Reuters, 2019) 555
Book, Co-Author The Healthcare Law Review - Edition 1

Speaking Engagements

  • Key Takeaways from Recent Cases, 6/6/2019
  • Evidence Essentials for Litigators: Probative Value, Prejudicial Effect and Other Exclusionary Rules, 1/18/2019
  • Cannabis in Ontario’s Healthcare System: Impact on the Regulation of Health Professionals, 11/22/2017
Speaker Key Takeaways from Recent Cases Toronto Symposium (9th Edition) location location Toronto, ON
Speaker Evidence Essentials for Litigators: Probative Value, Prejudicial Effect and Other Exclusionary Rules Law Society of Ontario location location Toronto, ON, Canada
Speaker Cannabis in Ontario’s Healthcare System: Impact on the Regulation of Health Professionals Fasken Institute location location Toronto, ON, Canada

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