Photo of Kimberley A. Robertson

Kimberley A. Robertson

Partner
  • Amanda Simister
  • Legal Assistant
  • P: 604.408.5364

Practices

Best Lawyers Award Badge

Kimberley has 13 years of experience representing debtors, creditors and court officers, on the various issues that arise with respect to restructurings, plans of arrangements, receiverships, bankruptcies, formal and informal proposals and workouts, enforcement of judgments and security vetting and realization.

She routinely acts for lenders with respect to various issues that arise in recovering both on unsecured and secured claims, including being the partner in charge of the BMO consumer recovery portfolio with respect to both residential foreclosures and unsecured consumer debt products. She also manages a foreclosure portfolio for a number of private lenders, and routinely acts for other various financial institutions including HSBC Bank Canada, Tuxedo Mortgage Corp., Imor Capital Corp., MCAP Service Corporation and Concentra in respect of foreclosure and security realization.

While Kimberley actively seeks to have matters resolved outside of the courts, in a cost-efficient and collaborative manner whenever possible, she regularly appears on behalf of her clients in court proceedings, both at the supreme and appellate levels.  

Recognition and Ranking

  • 2017 Best Lawyers in Canada: recognized for Insolvency and Financial Restructuring law
  • Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys 2016: recognized as a Future Star for Insolvency litigation in British Columbia
  • Martindale-Hubbell International Law Directory: BV Peer Review rated

Professional Activities

  • Canadian Bar Association, National Insolvency and Restructuring Law Section, Treasurer
  • Canadian Bar Association, National Bankruptcy, Insolvency & Restructuring Law Section, Secretary (2014-2016)
  • CLE BC Creditors’ Remedies publication, Editorial Board
  • Law Society Practice Checklist, Contributing Author
  • Canadian Bar Association, BC Branch, Insolvency & Restructuring Law Section, Past Executive Member
  • Turnaround Management Association, Northwest Chapter, Past Director
  • Insolvency Discussion Group, Member
  • Canadian Insolvency Foundation, Member
  • International Women's Insolvency Confederation, Member
  • The Young Insolvency Professionals of British Columbia and Alberta, Co-founder
  • Vancouver Bar Association, Past Executive
  • Canadian Bar Association, Law Week Sub-Section Past Executive

Community Activities

  • Western Canada Society for Access to Justice, Insolvency Pro Bono Clinic Supervising Lawyer

Bar Admissions

  • British Columbia (2003)
  • Alberta (2016)

Education

  • University of British Columbia (LL.B, 2002)

Kimberley's experience includes:

  • Counsel to the Court Appointed Receiver in respect of a large multi acreage property holdings, and undertakings involving vineyards and wineries including the Mt. Bouchiere Winery, and Rustico Wineries (Farm Credit Canada v. Gidda et al. 2015 - 2016)
  • Successfully tracing a trust claim into mortgage proceedings on a vendor take back mortgage, and obtaining relief after a summary trial, despite defences being raised as to misrepresentation in the sale agreement (1076586 Alberta Ltd. v. Octagon Properties, 2014 BCSC 268)
  • Representing HSBC Bank Canada in the court of appeal on a claim that a foreclosure sale was improvident and the process unfair (HSBC v. Wilkinson, Aug 7, 2014) 
  • Representing the Bank of Montreal in defeating a guarantor's defence of the claims against him on the basis of an alleged improvident realization in a receivership of the principal borrower’s corporate assets, with a an award of special costs being obtained (Bank of Montreal v. Tolo-Pacific Consolidated Industries Corp. 2012 BCSC 1785)
  • Representing a lender in upholding rights under an option to purchase and mortgage, and defeating allegations that the security constituted a clog on the equity of redemption (Gupta v. 0856716 B.C. Ltd., 2012 BCSC 1407) 
  • Obtaining judgment for a mortgage broker for commitment fees, when mortgage ultimately not funded due to misrepresentations by the proposed borrower, and obtaining a declaration of equitable mortgage as security for those fees (Bankers Mortgage Corp. v. 529754 BC Ltd., 2012 BCSC 298)
  • Acting for HSBC Bank Canada in successfully upholding mortgage terms to defeat a mortgagor’s claims of misrepresentation and/or breaches of consumer protection legislation, both at summary trial and appeal (HSBC v. Ba-Oose Inc. 2011 BCCA 511)
  • Successfully defeating trust claims against a bankrupt estate, argued to be sham trusts (2010 Re: Sran)
  • Acting as lead counsel for group of Canadian creditors being sued in the US Bankruptcy Court for Avoidance Actions in which the US Trustee sought to recover payments received by those Creditors for accounts rendered. As a result of various joint hearings with the US Delaware Court, we were successful in having the Trustee abandon actions against approximately 270 Canadian Creditors (2010 Re: Pope & Talbot)
  • Acting for a counter-party to an International Swap Dealers Association agreement in resolving jurisdictional disputes regarding the proper forum in respect of the ISDA swap agreement (In the Matter of North American Steamship Inc., 2007 BCSC 267)
  • Acting for debtor in CCAA restructuring, and appeared as counsel in numerous court applications (Westbay Sonship Yachts Ltd., 2006 – 2007) (Co-Counsel)
  • Successfully defending an application by secured creditor, both at trial and on appeal, to have claim for value of security sold prior to CCAA filing determined a post filing breach of trust (Caterpillar Financial Services v. 360networks Corporation et al., 2004 BCSC 1066, appealed 2007 BCCA 14) (Co- Counsel)
  • Representing a debtor in a post receivership claim for legal fees incurred by former directors of company.  In finding against the former director’s solicitor, the Judgment clarified and defined the extent of the residual authority of directors during a receivership (Lang Michener v. American Bullion Minerals Ltd.,2006 BCSC 504; BcMetals v. American Bullion Minerals Ltd., 2004 BCCA 114) (Co-Counsel)
  • Acting for the Trustee in Bankruptcy in defending disallowance of a claim by the bankrupt’s spouse that corporate shares were held in trust for her benefit, on the basis of the document evidencing the trust being a sham not intended to be acted upon (Bankruptcy of Larry Peter Biggar, 2004 BCSC 290, appeal of the Master’s Decision 2005 BCSC 1657) (Co-Counsel)
  • Successfully defending an application by a third party creditor to have judgment previously obtained for our client set aside as a fraudulent preference (HLT v. Rystar Communications Ltd.)