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Kimberly Potter Toronto Lawyer

Kimberly Potter

Partner Fasken
Jurisdiction Ontario, 2011
Language(s) English
Office(s) Toronto


Kimberly’s practice focuses on commercial disputes and administrative law, with expertise in professional regulation.

Kimberly acts for companies in a wide range of industries in matters involving allegations of breach of contract and negligence, shareholder disputes, claims against directors and officers, and disputes over business valuation. She regularly represents clients at the Ontario Superior Court of Justice’s Commercial List, a court specializing in commercial matters.

Kimberly 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. She has also acted in professional negligence and regulatory matters.

Kimberly 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.

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. 

She is a current member of the 10+ Standing Committee of the Advocates Society and a past member of the Young Advocates Standing Committee of the Advocates Society.

Kimberly is ranked as a Future Star in Litigation by Benchmark Litigation and in Benchmark’s “40 and Under Hot List” for 2020.


Client Work

  • Fairfield Sentry Limited v. PricewaterhouseCoopers LLP, 2018 ONCA 696, Ongoing since August 2018
  • Children’s Aid Society in a proceeding commenced under the Ontario Class Proceedings Act,
  • Grosvenor Park Media Fund LP v. Arc Productions Ltd. et al, Ongoing since January 2017
  • Advised Ontario College of Pharmacists on new regulations under the Drug and Pharmacies Regulation Act,
  • R v. Nur, 2015 SCC 15, [2015] 1 S.C.R. 773,
  • Arctic Cat Inc. v. Watson, 2015 ONSC 249, 132 C.P.R. (4th) 274,
  • 2274659 Ontario Inc. v. Canada Chrome Corp., 2014 ONSC 4446 (Div. Ct.),
  • R v. Nur (2013), 117 O.R.(3d) 401 (C.A.),
  • Inukshuk Wireless Partnership v. NextWave Holdco LLC et al, 2013 ONSC 5631 117 O.R. (3d) 206,

Career & 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, Volunteer Researcher
  • 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


Fasken Institute



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

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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