Kimberly J. Jakeman, KC*

*Kimberly J. Jakeman Law Corporation

Partner

She/Her

With over thirty years of experience, Kim is a recognized leader in her field.

Biography

Kim is a senior partner at Harper Grey and an elected member of our Practice Management Committee. Routinely recognized by various legal ranking publications, Kim is known among clients and colleagues as strategic, tenacious, and knowledgeable.

At the beginning of her career, Kim represented the College of Physicians and Surgeons of B.C. and had a general litigation practice.

She currently maintains a busy broad-based practice. Her civil litigation practice has, over the years, included professional liability, general insurance, and major property loss disputes. She has also acted for plaintiff’s in personal injury matters. Her administrative law practice includes regulatory work for a variety of professions.

Kim has also become very knowledgeable in the field of MAiD (medical assistance in dying) and has had many opportunities to speak on this issue in the legal and medical community.

In addition to her legal practice, Kim has an active mediation practice. She has key insights into the realm of mediation in civil litigation and in the context of workplace disputes given her long history practicing in the area of civil litigation and regulatory matters. She is a Roster member with Mediate BC and was an early adopter of virtual mediation. She continues to effectively mediate through this forum.

Active in the legal community and a proponent for gender parity in the profession, Kim is the co-founder of Life in Law, a free resource for all lawyers in Canada who self-identify as women seeking help balancing life and law.

Born and raised in Alberta, Kim now lives in the Lower Mainland with her family. She is an accomplished athlete. She enjoys road biking, has completed two marathons and has dabbled a bit in the world of triathlons. Her athletic pursuits have allowed her to bring a strong sense of discipline and focus to her conflict resolution practice.

Education
  • University of British Columbia, LL.B., 1989

  • University of Calgary, B.P.E., 1985

Bar Admission
  • British Columbia, 1990
  • Past Member, Washington State Bar
  • Appointed King’s Counsel, 2021
Languages spoken
  • English
Experience
Medical Litigation

Kim is an acknowledged leader in the practice of health law, both for the quality of her legal work and for her tireless dedication to the field.

Kim has extensive court experience representing clients in complex medical malpractice cases and has appeared as counsel before all levels of court in B.C. including the B.C. Supreme Court and Court of Appeal. She has been lead or co-counsel on cases where decisions have and continue to define and guide this area of law. Select examples of her work include:

  • Appeared as lead and co-counsel in numerous compromised infant cases

  • Lead counsel in one of the two precedential cases on wrongful life: Roe v. Dabbs

  • Co-counsel in one of the leading BC Court of Appeal decisions regarding government funding of compromised infant claims: Fullerton v. Delair

  • Lead counsel in one of the leading cases on a patient’s obligation to follow up: Konevitchenko v. Andreou

  • Co-counsel in two leading causation cases: Bigcharles v. Lomax and Moore v. Johnson

  • Co-counsel in one of the leading decisions on a physician’s duty to follow up and cost of care issues: Kahlon v. Kahn

  • Counsel on a special costs application: Steinebach v. O’Brien

  • Co-counsel on a case redefining the limits on the compensable heads of damages for a severely compromised infant: Brodeur v. Provincial Health Services Authority et al

  • Co-counsel in a complex causation case revisiting the requirement to meet the SCC test on the issue of causation: Medina v. Wong et al

  • Counsel in a recent leading case revisiting the two schools of thought principle as part of the assessment of standard of care. This case was additionally important on the issue of consent: O’Connor v. Wambera et al

MAiD

Kim has also developed niche expertise in the legal field of MAiD (medical assistance in dying) and has played a prominent role in the study and implementation of legislation providing for medical assistance in dying.

Until this year she sat as Chair of the National CBA End-of-Life Working Group convened to study the legal and ethical issues surrounding end of life decisions and is committed to furthering the discussion and best practices in the new territory of medical assistance in dying.

On May 10, 2016, on behalf of the CBA, she presented before the Senate Standing Committee on Legal and Constitutional Affairs regarding Bill C-14, the proposed legislation to address MAID. She serves as a Member of the Legal Advisory Committee, a standing committee of the Board of Directors of Dying with Dignity Canada. Her work in this area is having a profound impact on individuals and families across Canada.

    Professional Regulation and Administrative Law

    In addition to her civil litigation practice, Kim provides advice to individuals on matters such as data protection, discipline, dispute resolution and litigation, policies and procedures, and general advisory support.

    She has extensive experience in assisting physicians, nurses, naturopathic doctors, veterinarians, and engineers in regulatory matters. She regularly advises clients in professional regulation matters touching on issues of complaints, disciplinary issues, ethics, fraud allegations, investigations, privacy and confidentiality, capacity, and other related issues.

    In addition to the courts of British Columbia Kim has appeared before various tribunals and regulatory bodies.

      Major Property Loss

      In the area of major property loss, Kim has defended insureds and acted for insurers in coverage and subrogation matters involving multiparty claims. She has been involved in navigating complex legal issues such as the novel concept of waiver of tort as well as contractual disputes leading to significant issues over both liability and damages.

        Mediation

        After more than 20 years of conflict resolution experience as counsel, Kim is now offering her services as a rostered mediator of Mediate BC. Her background experience and understanding of the nuances of litigation gives her the foundation to appreciate the importance of the mediation process in resolving disputes.

          Personal Injury

          Kim has acted as plaintiff counsel in a variety of personal injury cases. Her background in health law provides her with unique insight into the medical and legal issues that her clients face.

            Professional Credentials
            Leadership
            • African Canadian Continuing Education Society (ACCES), Past Board Member
            • British Columbia College of Naturopaths, Past Board Member
            • Canadian Advanced Care Planning Task Force, Past CBA Representative (2019)
            • Canadian Bar Association – BC Branch, Health Law Subsection, Past Vice-Chair
            • Canadian Bar Association, End of Life Working Group, Chair (2015 – 2023)
            • Canadian Bar Association, National Health Law Subsection, Officer and Executive Member (2007 – current)
            • Canadian Bar Association, National Health Law Summit, Co-Chair (2009, 2011)
            • Canadian Bar Association, Past Mentor
            • Canadian Bar Association, Planning Committee National Health Law Summit, Member (2009, 2011, 2013, 2015 and 2017)
            • Canadian Bar Association, Woman’s Forum, Past Mentor
            • Canadian Medical Protective Association Symposia, Speaker
            • Frequent lecturer on topics pertaining to professional negligence and MAiD
            • Harper Grey Diversity, Inclusion, and Belonging Committee, Past Member
            • Harper Grey Health Law Group, Chair and Co-Chair (2015 – current)
            • Harper Grey Mentoring Program, Mentor (2007 – current)
            • Harper Grey Practice Management Committee, Member (2017 – current)
            • Harper Grey Pro Bono Committee, Member (2016 – current)
            • Harper Grey Strategic Planning Committee, Member (2017 – current)
            • Hollyburn Swim Club, Past Committee Member (2018 – 2021)
            • Legal Advisory Committee, standing committee of the Board of Directors of Dying with Dignity Canada, Past Member (2016 -2019)
            • Life In Law , Co-founder (2019 – current)
            • Paralympic Foundation of Canada, Board Member (2021 – current)
            • Property Assessment Appeal Board, Member (2019 – 2022)
            • Quickscribe Services Ltd., Health Law Legal Annotator
            • University of British Columbia Ethics & Law, Former Tutor
            • University of British Columbia, Past Moot Court Judge
            • University of British Columbia Trial Advocacy Program, Former Tutor
            • Various publications on health law topics and the issue of conflicts, Author
            • WOWRide (Women on Wheels) Cycling Club, Past Chair (2014)
            • WOWRide (Women on Wheels) Cycling Club, Past Board Member (2014-2018)
            Memberships
            • Canadian Bar Association, BC Branch Subsections, Member: Administrative Law, Civil Litigation, Health Law
            • Canadian Bar Association Health Section, Member at Large
            • Defence Research Institute, Past Member
            • Medical Legal Society of British Columbia, Member
            • ReferToHer, Member
            • The Law Society of British Columbia, Member
            • Washington State Bar Association (non-practicing), Past Member

            Recognition

            Named to Benchmark Canada® Top 100 Women in Litigation list

            2022 and 2023

            Named ‘Health Law / Medical Litigator of the Year’ by Benchmark Canada®

            2022-2023

            Recognized as a “Leading Lawyer” in the area of Healthcare Law (Nationwide-Canada) by Chambers Canada®

            2019-2024

            Recognized as a “Leading Lawyer” in the area of Medical Negligence and Health Care Law by Best Lawyers Canada®

            2016 -2024

            Recognized as a “Most Frequently Recommended” in the area of Medical Negligence (Represents Defendants) by the Canadian Legal Lexpert Directory®

            2014 – 2024

            Recognized as a “Local Litigation Star” in British Columbia in the area of Health Law by Benchmark Canada®

            2014 – 2023

            Recognized as a “Local Litigation Star” in British Columbia in the area of Medical Malpractice by Benchmark Canada®

            2014 – 2023

            Recognized as a “Leading Lawyer” in the area of Administrative and Public Law by Best Lawyers Canada®

            2022-2023

            Appointed King’s Counsel

            2021

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            Commentaries

            “She is a terrific trial counsel. Kimberly Jakeman is fearless in terms of cross-examinations and gets good results.”

            Chambers Canada® 2024

            “In all areas, Kimberly sees the bigger picture and is thoughtful in her advice and tactics.”

            Chambers Canada® 2024

            “Kimberly Jakeman is a leader in terms of level of sophistication and commercial awareness. She handles the toughest files.”

            Chambers Canada® 2024

            “Kim is an exceptional lawyer. She is highly knowledgeable, skilled and committed to her clients.” “She has a highly sophisticated approach to medical litigation and regulatory work. She is also very experienced.”

            Chambers Canada® 2023

            “An exceptionally gifted trial lawyer, recognized as one of the very best in the health law area by the judiciary and the bar.”

            Benchmark Canada® 2022

            “Kim has an impressive reputation for leading physician defence cases in BC. She has considerable experience in professional negligence and misconduct disputes, offering additional capabilities in mediation.”

            Chambers Canada® 2021

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            Kimberly J. Jakeman, KC*

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