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Lawson Lundell LLP

Kimberley A. Robertson

Kimberley A. Robertson

Partner

Expertise

  • Bankruptcy
  • Insolvency and Restructuring
  • Litigation

WSG Practice Industries

Activity

Lawson Lundell LLP
British Columbia, Canada

Profile
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.

Bar Admissions

British Columbia (2003)

Education

University of British Columbia (LL.B., 2002)
Areas of Practice

Bankruptcy | Insolvency and Restructuring | Litigation

Professional Career

Significant Accomplishments

Kimberley's experience includes:

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 "€œ 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.)


Professional Associations

*Canadian Bar Association, National Bankruptcy, Insolvency & Restructuring Law Section, Secretary
*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

Recognition and Ranking
*Benchmark Canada: The Guide to Canada's Leading Litigation Firms and Attorneys: recognized as a Future Star for insolvency litigation in British Columbia
*Martindale-Hubbell International Law Directory: BV Peer Review rated

Community Activities
*Western Canada Society for Access to Justice, Insolvency Pro Bono Clinic Supervising Lawyer


Seminars

"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", BC CBA Insolvency Sub-Section (December 2014), Presenter

"A View from the West 2014 Cross Country Update", National CBA Pan Canadian Insolvency Conference Lunch and Learn (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
Articles

Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
Lawson Lundell LLP, May 2020

The global pandemic of the disease caused by a novel coronavirus, COVID-19, has caused unprecedented disruption to global supply chains and consumer demand and resulted in government-mandated restrictions to almost all businesses. Many companies, small and large, are facing insolvency and forced to make rapid decisions about what steps that they should take. Directors of companies have certain obligations under both common law and the laws of Canada and the provinces...

Penalty/Relief – Two Sides of the Same Mortgage Interest Coin When it Comes to Offending S. 8 of the Interest Act?
Lawson Lundell LLP, June 2016

The Supreme Court of Canada issued its reasons today in Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18, adding some clarification to a mortgage lender’s right to protect itself from the increased commercial risk associated with a defaulting mortgagor through the use of interest rates, given s. 8 of the Interest Act which reads as follows: "No fine, etc...

Additional Articles

“British Columbia Creditor’s Remedies, An Annotated Guide”, CLE of BC (Annual, to date), Author and Member of Editorial Board

"Law Society Practice Checklists – Examination in Aid of Execution" (Annual, to date), Contributing Author

"BC CLE, Foreclosure Update, Costs & Disbursements & Civil Forfeiture (May 27, 2015), Presenter/Author

"A Cross Country Update – case summaries", Canadian Bar Association, BC Branch, Insolvency and Restructuring sub-section (December 2014), Author

"A View from the West, Cases of Note", National CBA Pan Canadian Insolvency Conference (October 24, 2014), Author

"Digging For Relief: Restructuring Laws Helping Fill Financial Holes in Canada's Mining Sector", Business in Vancouver (December 10, 2013), Co-author

"Commercial Restructuring Technical Update", CAIRP Annual Conference (August 2013), Author

"2013 Commercial Insolvency Technical Update", Canadian Association of Insolvency and Restructuring Professionals Vancouver Forum (May 6, 2013), Co-Author

Insolvency and Restructuring Bulletin: SCC Releases its Decision in Sun Indalex Finance, LLC v. United Steelworkers (February 7, 2013)

"2009 Commercial Insolvency Update" (2009), Author

"Executory Contracts", Bankruptcy CLE (May 2009), Author

"The View from the Other Side: Foreclosure Defence Strategies Foreclosure", CLE (April 2009), Author

“Goodbye Tysoe J., Hello Tysoe, J.A.” Annual Review of Insolvency Law (2007), Co-author

“Recent Developments in Insolvency and Restructuring – case updates”, Author

''Creditor’s Remedies Selected Topics'' (2006), Author

“Adverse Inference: Consequences of the failure to call treating and independent medical experts”, 60 The Advocate 233 (2002), Co-author


Blogs

Lawson Lundell Project Law Blog
Lawson Lundell LLP 

The Lawson Lundell Project Law Blog focuses on updating proponents on new and interesting issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters...

The Business Law Blog
Lawson Lundell LLP 

This blog is authored by members of the Litigation and Dispute Resolution Department. We intend to follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful...

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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