Kimberly Potter

At Fasken, Kimberly has carved out her niche as a steadfast partner in the Litigation and Dispute Resolution department, dedicating her practice to unraveling complex business disputes. Her expertise spans addressing breach of contract claims, navigating the intricacies of complex negligence, including professional negligence, and resolving contentious shareholder disagreements. Her proficiency shines in the Ontario Superior Court of Justice’s Commercial List, a specialized arena for commercial legal matters.

Her skills extend into the mining sector, where Kimberly steps in as a beacon for mining companies embroiled in disputes. Whether it's presenting cases before the Ontario Lands Tribunal or tackling appeals, her involvement ensures thorough representation. Her deep understanding of the nuances of mining law, underscored by her achievement of the Osgoode Certificate in Mining Law, places her at the forefront of contractual disputes concerning mining rights.

Kimberly's scope of expertise is broadening to encompass Environmental, Social, and Governance (ESG) and climate litigation, areas of increasing importance in today’s legal landscape. Her commitment to sustainability is evident through her leadership roles in Fasken’s ESG Steering Committee and as the Chair of the Climate Action Committee. Here, she spearheads efforts to assess and reduce the firm’s carbon footprint on a global scale.

Her legal acumen has been recognized across various tribunals and courts in Ontario, up to the Supreme Court of Canada. Kimberly’s dedication to justice is further highlighted by her pro bono work, notably her successful representation of the Canadian Civil Liberties Association in a landmark case that challenged mandatory minimum sentences for possession of a loaded firearm.

Before her tenure at Fasken, Kimberly honed her legal skills as a clerk at the Ontario Court of Appeal, serving under the tutelage of esteemed Justices Goudge, Juriansz, and Ducharme.

Kimberly is deeply embedded in the legal community, contributing her insights and leadership. Her involvement with the Advocates’ Society and co-chairing initiatives like the Women’s Legal and Education Action Fund (LEAF) Reproductive Justice Project in Toronto exemplify her commitment to advocacy and education.

Recognized as a rising star in litigation, Kimberly's accolades include being listed as a Future Star in Litigation by Benchmark Litigation, inclusion in Benchmark’s “40 and Under Hot List” in 2020, and recognition in The Best Lawyers in Canada for her contributions to Corporate and Commercial Litigation and Administrative and Public Law.

Kimberly's educational journey began with a JD from the University of Toronto, preceded by a BA (Honours) from McGill University. Her community engagement is broad, including volunteer work with Pro Bono Law Ontario and active membership in various legal associations. Kimberly's career is a testament to her unwavering dedication to the legal profession, marked by a relentless pursuit of justice, environmental stewardship, and community involvement.