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Kimberly  Potter

Kimberly Potter

Partner Fasken
Jurisdiction Ontario, 2011
Language(s) English
Office(s) Toronto
Contact
Kimberly has a broad commercial litigation practice, with expertise in litigation involving mining companies and mining rights, health law, class actions, product liability and regulatory offences.

Kimberly has appeared on behalf of clients before administrative tribunals, all levels of court in Ontario, including the Divisional Court and the Ontario Court of Appeal, as well as the Supreme Court of Canada.

Kimberly has industry expertise in mining. She acts for mining companies in disputes before the specialized tribunal of the Mining and Lands Commissioner and in appeals from that tribunal. She also represents mining companies in occupational health and safety matters and in contractual disputes involving mining rights.

Kimberly is a member of the Firm’s health law group. She advises clients on the implications of recent changes to healthcare legislation, and provides strategic advice to professional colleges. She also represents clients who operate in the healthcare space in commercial disputes.

Kimberly acts for clients in product liability defense work, including class actions. Kimberly provides regulatory advice under the Canada Consumer Product Safety Act, and assists clients in reporting to Health Canada about consumer product complaints and in developing internal policies for handling such complaints.

Kimberly is experienced in defending against charges for regulatory offences. She has represented clients facing charges under the Occupational Health and Safety Act, Ontario Water Resources Act, and the Pesticide Act. She has also written in this area, including co-writing an article on handling regulatory investigations in Canada for the Global Investigations Review.

Kimberly maintains an active 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 past member of the Young Advocates Standing Committee of the Advocates Society and current member of the David Asper Constitutional law Alumni Network.

Writing on a wide range of topics, Kimberly has authored papers on white collar crime, health law, and has published a paper in the National Journal of Constitutional Law on Sections 15 and 7 of the Canadian Charters of Rights and Freedoms.
Date

Education

  • JD University of Toronto
  • 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
Article The Role of Choice in Claims under Section 15 of the Charter: The Impact of Recent Developments Section 7 Jurisprudence National Journal of Constitutional Law
Article Canada: handling internal investigations The Investigations Review of the Americas 2015

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