Kimberly J. Jakeman, KC*

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

Throughout her career, Kim has contributed to medical-legal education as a volunteer, a speaker and a writer.  She has been an active member of the Planning Committee for the Biannual Health Law Summit since 2009, has co-chaired the Summit twice in 2009 and 2011, and served as a panel moderator in 2015.

She has presented to such entities as: CanLNC – Birth Trauma Conference, CMPA – Canadian Medical Protective Association – Provincial Counsel Conferences and Symposiums, Canadian Survey Forum, and UBC Faculty of Medicine.  She frequently lectures at Grand Rounds and Health Authority Department Meetings.

She has published on topics including expert witnesses, wrongful life and birth, and conflicts, a subject outside her area of expertise but of special interest to her.  In 2018, Kim and Guy Brown, QC co-authored a chapter on Jury Trials in the 5^th Edition of the CLEBC BC Civil Trial Handbook.

MAiD

Kim has also developed niche expertise in the emerging 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.

She is 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 guidance to professional regulatory bodies, associations, and 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.

Kim has experience appearing before all levels of court, tribunals, regulatory bodies, Provincial Health Authorities, and the Hospital Appeal Board.

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.

In her mediation practice, Kim has the advantage of being able to draw on the unique insights, perspectives and skills she has cultivated in her legal practice.  For example, through her regulatory practice experience she has gained a keen understanding of the dynamics of the workplace (particularly in high stress environments) and how important facilitated resolution of workplace disputes can be to improving or restoring harmony in the workplace.  She believes that every voice needs to be heard in a safe environment and is committed to ensuring that all parties to the dispute feel that her role in the process fills that need.  In her experience, facilitating resolution where all parties feel their needs are met results in better workplace relationships.

As a mediator she is people and outcome focused and unflinchingly impartial.  She advocates for an outcome, not a party.  In the role of mediator she actively listens, finds common ground and shared interests, and helps facilitate supportable and lasting agreements.

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.

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.

Education

• Justice Institute of BC, Foundations of Collaborative Conflict Resolution: Workplace Focus, 2016
• Continuing Legal Education Course, Dealing with High-Conflict Personalities, 2016
• University of British Columbia, LL.B., 1989
• University of Calgary, B.P.E., 1985

Bar Admissions

• British Columbia, 1990
• Past Member, Washington State Bar
• Appointed King’s Counsel, 2021

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 – current)
• 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
• Harper Grey Diversity, Inclusion, and Belonging Committee, Past Member
• Harper Grey Health Law Group, 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 Committee, Past Treasurer (2018 – 2021)
• 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 – current)
• 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)

Membership

• 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