Main Menu

Biography

Spotlight

Kimberley was recognized by Best Lawyers in Canada for Insolvency and Financial Restructuring Law, and as a Litigation Star for Insolvency Litigation in British Columbia, by Benchmark Litigation Canada.

Kimberley has significant 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., and Imor Capital Corp. 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.  

Professional Activities

  • Canadian Bar Association, National Bankruptcy, Insolvency & Restructuring Law Section, Vice President, current
  • Canadian Bar Association, National Insolvency and Restructuring Law Section, Treasurer (2016-2018)
  • 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 to Access Justice, Insolvency Pro Bono Clinic Supervising Lawyer

Recognitions & Rankings

Recognitions & Rankings

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

Experience

Experience

Kimberley's experience includes:

  • Representing a group of pre-sale purchasers who were victims in a Murrayville real estate development scheme whereby the individual units were sold to multiple purchasers. When the development went into receivership, leaving pre-sale purchasers with disclaimed contracts, and mortgage debt that far exceeded the likely salve value of the project once it was able to be sold, she was able to use various litigation strategies to trace and ultimately tie up assets of the developer to provide a recovery (Kaur v. Chandler 2018 BCSC 1283; Forjay Management Ltd. v. 0981478 BC Ltd., 2018 BCSC 1023; Forjay Management Ltd. v. 0981478 BC Ltd. BCSC 1409)
  • Counsel to the purchasers of assets out of a liquidating CCAA, in which affiliates of the debtor sought, post sale closing, to assert ownership interests in the assets, with issues ultimately going to the Court of Appeal where the law was clarified as to the standard of review and nature of appeal of a monitor’s adjudication of a property claim: Re: 8640225 Canada Inc., 2018 BCCA 93
  • 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.)

News & Publications

News & Publications

Blog Posts

Speaking Engagements

Speaking Engagements

  • 2018 National Annual Insolvency Conference,  National Canada Bar Association , September 2018, Co-Chair
  • “BIA Proposals:  The Good, the Bad and the Ugly, a 2017 update”, CBA-BC Insolvency Sub-Section meeting, October 23, 2017, Presenter
  • "Wine Restructurings”, Canadian Association of Insolvency and Restructuring Professionals Annual Conference (August 22 – 24, 2017), Presenter
  • Foreclosure Practices 2017: “Costs and Protective Disbursements”, CLE of BC, (May 26, 2017), Presenter
  • “A Receivership Case Study”, Canadian Association of Insolvency Professionals Annual Conference (May 18, 2017), Presenter
  • “Bankruptcy and Family Law Issues”, BC CBA Family Law Sub-Section, October 27, 2016, Presenter
  • “Priorities”, Creditors’ Remedies CLE, October 21, 2016, Presenter
  • "Ethical Dilemmas", Young Insolvency Professionals of BC and Alberta, May 2016, Panelist
  • "Ethics in Restructuring and Insolvency", Turnaround Management Association panel, November 24, 2015
  • "Fraudulent Transactions", Collections Practice Basics CLE, October 28, 2015, Presenter
  • "Collection Issues", Sports Industry Credit Association, Annual Conference, June 10, 2015, Presenter
  • BC CLE, Foreclosure Update, Costs & Disbursements & Civil Forfeiture, May 27, 2015, Presenter/Author
  • "Cross Country Update", December 2014, Presenter
  • "A View from the West – 2014 Cross Country Update", October 29, 2014, Presenter
  • "A Cross Country Review of 2013", International Women's Insolvency and Restructuring Practitioners Lunch and Learn (September 2013), Presenter
  • "A View from the West, Cases of Note", National CBA Pan Canadian Insolvency Conference (September 2013), Presenter
  • "Commercial Restructuring Technical Update", CAIRP Annual Conference (August 2013), Presenter
  • "2013 Commercial Insolvency Technical Update", Canadian Association of Insolvency and Restructuring Professionals Vancouver Forum, May 6, 2013, Speaker
  • CAIRP Canadian Insolvency Foundation's presentation of the Houlden Fellowship, October 2010, Host
  • Bankruptcy CLE, May 2009, Presenter
  • Foreclosure CLE, April 2009, Presenter
  • Canadian Association of Insolvency Professionals Forum, 2009, Presenter
  • Credit Counselling Society of BC, 2006, Speaker

Assistant Contact

Bar Admissions

  • British Columbia (2003)
  • Alberta (2016)

Education

University of British Columbia (LL.B, 2002)

Back to Page