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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 is a partner in Fasken’s Litigation and Dispute Resolution department. Her practice focuses on business disputes, including breach of contract claims, complex negligence claims (including professional negligence), and shareholder disputes. She regularly represents clients at the Ontario Superior Court of Justice’s Commercial List, a court specializing in commercial matters.

Kimberly has industry experience 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.

Kimberly is developing an particular focus in Environmental, Social and Governance (ESG) and climate litigation. She is a member of Fasken’s ESG Steering Committee and is the Chair of Fasken’s Climate Action Committee, which is tasked with evaluating, and ultimately mitigating, Fasken’s carbon footprint across all of its offices internationally.

Kimberly has appeared before administrative tribunals, all levels of court in Ontario, and the Supreme Court of Canada. As part of Kimberly’s 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. 

Prior to joining Fasken, Kimberly clerked at the Ontario Court of Appeal for the Honourable Justices Goudge, Juriansz and Ducharme.

Kimberly is an active member of the legal community. She is a current member of the Mid-Career Advocates’ Standing Committee (MASC) of the Advocates’ Society and is the co-chair of the Women’s Legal and Education Action Fund (LEAF) Reproductive Justice Project in Toronto.

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

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

  • Young Advocates Society Standing Committee, General Member
  • Pro Bono Law Ontario, Volunteer Duty Counsel
  • Women’s Legal Education Action Fund, Co-Chair   
  • David Asper Constitutional Law Clinic, University of Toronto, Alumni Network Member

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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