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Kimberly Potter Toronto Lawyer

Kim Potter

Partner | Commercial Litigation | Auditor Defense | ESG and Sustainability Fasken
Jurisdiction Ontario, 2011
Language(s) English
Office(s) Toronto
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Overview

Kim is a partner in Fasken’s Litigation and Dispute Resolution department. Her practice focuses on complex business disputes, with a particular emphasis on post-closing purchase price adjustments, valuation disputes, shareholder disputes, and professional negligence claims involving auditors and other professional advisors.

Kim regularly acts for private companies, investors, and professional service firms in high-stakes disputes arising from contractual arrangements and advisory relationships. She is particularly sought after for disputes that require the integration of legal strategy with financial analysis and expert evidence, and where clients need practical, business-oriented advice in managing risk and preserving relationships.

Kim co-leads Fasken’s ESG and Sustainability Practice Group, and advises on emerging litigation risks tied to disclosure, governance and sustainability-related representations.

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 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.

Kim was ranked as a “Leading Lawyer Under 40” by Lexpert. She is repeatedly ranked by The Best Lawyers in Canada for her work in Corporate and Commercial Litigation and Administrative and Public Law, and as a Future Star in Litigation by Benchmark Litigation.

 

Achievements

  • Recognized in Administrative and Public Law and Corporate and Commercial Litigation in Toronto, The Best Lawyers in Canada 2024 to 2026
  • Recognized in Ontario as a Future Star, Benchmark Litigation Canada 2019 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Litigation - Corporate Commercial, Lexpert 2026
  • Recognized in the Canadian Legal Lexpert Directory in Environmental, Social & Governance (ESG), Lexpert 2025 to 2026
  • Recognized as a Lexpert Rising Star, Lexpert 2024
  • Recognized on Benchmark Litigation’s 40 & Under Hotlist for 2020, Benchmark Litigation Canada 2020

Experience

  • The president of Canadian food concession supplier was successful in oppression application, [Case - ], Canadian Food Concession Supplier successful in application before the Ontario Superior Court of Justice involving oppression and breach of fiduciary duty.
  • 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], Counsel to two former directors of a now bankrupt production studio, Arc Productions Ltd., in a negligent misrepresentation claim for US$32 million (less any recovered security amounts).
  • 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.

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

  • “Courts Lack the Capacity to Resolve These Issues”: US Court Dismisses Private Law Climate Case Against Utility Company, 6/9/2026
  • Buyer Beware: New Ruling Gives Guidance on Drafting Non-Competes in Canadian M&A, 5/14/2026
  • EBITDA Multiples in North American Private M&A, 10/21/2025
  • The Continuing Challenge of Causation in Climate Litigation, 10/21/2025
  • EBITDA Multiples in M&A Agreements and Post-Closing Disputes, 9/16/2025
  • Private Equity Exits: When Might Seeking Term-End Liquidity Create a Conflict?, 7/22/2025
  • Rare Earnout Ruling Gives Guidance (and Raises Questions) for M&A, 6/12/2025
  • Great Hill Clauses: Private M&A Meets Solicitor-Client Privilege, 4/3/2025
  • Climate Activists Head to Dutch Supreme Court: Milieudefensie et al. v. Royal Dutch Shell, 3/17/2025
  • The "Sea Change" from the Supreme Court of Canada in Vavilov Changes the Law of Judicial Review of Subordinate Legislation, 11/20/2024

Events

  • The Impact of Tariffs on Common Commercial Contractual Provisions, 5/27/2025
  • How will ROFR Provisions be Interpreted and Enforced by the Courts?, 2/28/2024
  • Pitfalls with Commonplace Clauses, 10/12/2023
  • Climate Litigation and Greenwashing Risks in the Mining Sector, 3/3/2023
  • How to Contractually Limit Your Liability, 2/15/2023
  • Resolving Mining Disputes through International Arbitration, 3/10/2021
  • Key Takeaways from Recent Cases, 6/6/2019

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
  • The Role of Choice in Claims under Section 15 of the Charter: The Impact of Recent Developments Section 7 Jurisprudence, 3/1/2016
  • Canada: handling internal investigations, 10/30/2014
  • Ontario’s Bill 87 Proposes Significant Changes to Regulated Health Professions and Laboratory Laws, Canadian Health Facilities Law Guide and Risk Management in Canadian Health Care
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