Kimberley A. Knapp
Kimberley Knapp practices primarily in the areas of commercial and public law, with an emphasis on strategic planning, written advocacy, legal research and analysis of complex legal issues. Kimberley brings a wealth of knowledge and experience in the areas of gaming law, expropriation law, privacy law, forestry law, vicarious liability, class actions and arbitration. As counsel for a national firm, she appeared in a wide range of matters before the British Columbia Supreme Court, the Court of Appeal, and the Supreme Court of Canada. Her broad litigation experience, and depth of knowledge, provides a strong foundation for practical advice and analytical and drafting assistance in commercial arbitration and litigation matters.
Before commencing her practice, Kimberley was a judicial law clerk with the British Columbia Supreme Court. She has published in the areas of vicarious liability, securities regulation, and, most recently, on the thorny topic of causation.
Canada (Canadian Environmental Assessment Agency) v. Taseko Mines Limited, 2018 BCSC 1034 - (Co-counsel with Michael Stephens and Julia Roos). Successfully opposed Canada’s petition under the Canadian Environmental Assessment Act, 2012 seeking to enjoin Taseko Mines from proceeding with certain provincially authorized mining exploration activities. The Court agreed with Taseko’s position that properly interpreted the federal environmental assessment legislation does not apply to the work.
British Columbia v. Canadian Forest Products Ltd., 2018 BCCA 124 (Co-counsel with Mark Oulton and Shannon Ramsay) Acting as counsel for Canadian Forest Products in the B.C. Court of Appeal in an action involving the interpretation of the Wildfire Regulation and the liabilities arising from a wildfire.
Great Canadian Gaming Corporation v British Columbia Lottery Corporation, 2017 BCSC 574 (strategic assistance to counsel Michael Stephens and Brent Olthuis) Successfully opposed an application seeking to convert a conventional commercial dispute into a class action. The decision considered a point that had not previously been resolved in British Columbia, and determined that it would be inappropriate to convert these plaintiffs’ action into a class proceeding.
Robinson v. Furlong, 2015 BCSC 1690: (strategic assistance to counsel J. Hunter and C. Hunter) Successfully defended John Furlong, former Chief Executive officer of the Vancouver Olympic Committee, against allegations of defamation by a journalist in relation to abuse claims.
Ross v. British Columbia Lottery Corporation, 2014 BCSC 320: (complex analysis, written advocacy, strategic assistance to counsel K. Michael Stephens, M. Oulton, B. Olthuis, and S. Ramsay) Successfully defended lottery corporation in an action in negligence brought by a member of a voluntary self-exclusion program.
McLean v. Canadian Premier Life Insurance Company, 2013 BCCA 264: (written advocacy and strategic assistance to counsel J. Hunter) In an appeal concerning the interpretation of a life insurance policy, successfully obtained a reversal of a judgment which had denied coverage based on the construction of the policy. McLean v. Canadian Premier Life Insurance Company
Teal Cedar Products Ltd. v. British Columbia, 2013 SCC 51: (written advocacy and strategic assistance to counsel J. Hunter and K. Michael Stephens): Arbitration award for compensation arising out of creation of park – determination of availability of compound interest in B.C. arbitrations by Supreme Court of Canada.
British Columbia Lottery Corporation v. Dyson, 2013 BCSC 11 and British Columbia Lottery Corporation v. Skelton, 2013 BCSC 12: (written advocacy and strategic assistance to counsel K. Michael Stephens and G. van Ert): Judicial review of decisions of Information and Privacy Commissioner of B.C. regarding disclosure of records held by public body.
Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, 2009 BCSC 942: (complex analysis and strategic assistance to counsel D.R. Clark and J.D. Horswill) Charter challenge by female ski jumpers against VANOC for the inclusion of their event in the 2010 Olympic Games.
Dorus et al v. Teck Corporation et al, 2005 BCSC 886: (co-counsel with Paul Albi): Successfully defended an application to convert an existing action into a class action.
K.L.B. v. British Columbia, 2003 SCC 51: (co-counsel with John Hunter) Acting as counsel for the Attorney General of British Columbia in the Supreme Court of Canada in the leading case on Crown liability for foster parent abuse under the principles of vicarious liability and non-delegable duty of care.
Fraser Canyon Transport Ltd. v. 5391945 B.C. Ltd., 2002 BCCA 625: (co-counsel with Malcolm MacLean) In an application to the Court of Appeal in a forestry road construction dispute, successfully obtained security for the costs of trial, security for a significant portion of the judgment appealed from, and security for the costs of the appeal.
"The Law of Causation: A Cause of Some Confusion", The Advocate, Vol. 77, Part 2, March, 2019, at page 191.
"BC Securities Act Amendments Increase Litigation Exposure for Issuers, Directors and Officers" (with J. Brent MacLean), Commercial Litigation Review, LexisNexis, October 2008, Volume 6, Number 3, at page 1.
"The KLB Trilogy: A Second Look at No-Fault Liability", co-authored with John J.L. Hunter, Q.C., for the conference on “Sexual Tort Claims” presented by the Continuing Legal Education Society, January 9, 2004, Vancouver, B.C.; and published in The Advocate, Vol. 62, Part 4, July, 2004, at page 511.