Kim Ferreira is an experienced litigator with a diverse commercial, construction, and bankruptcy litigation practice. Kim tackles each case with a business-focused and common-sense approach.

Before joining Speigel Nichols Fox LLP, Kim spent a number of years working at a leading and well-respected Bay Street litigation and insolvency boutique. There he worked on a number of nationally recognized litigation and insolvency cases, while simultaneously running his own litigation files and gaining practical advocacy experience. Kim has appeared before all levels of courts in Ontario and in the Québec Superior Court and Court of Appeal.

Kim continues to represent clients in diverse multifaceted commercial claims involving breach of contract, breach of statutory duties, negligence, fraud, and other commercial causes of action. Kim’s clients include large infrastructure and government regulated corporations, small businesses, private corporations, auto manufacturers, directors and officers, creditors, and debtor corporations. Kim continues to build on his previous experience in proceedings brought under the Bankruptcy and Insolvency Act.

Kim quickly identifies the needs and expectations of his clients. Kim is an experienced and successful trial and appellate lawyer, but he also understands that not all disputes need to end in a trial and is a skilled negotiator who, when the circumstances dictate, will negotiate a successful resolution for his clients. He prides himself on delivering business-oriented solutions to the people and corporations he represents.

When Kim is not busy representing his clients’ interests, he is found enjoying his free time as a husband, father, dog owner, and avid cross fitter.

REPRESENTATIVE MATTERS

• Successfully represented a defendant in defeating a multi-million-dollar claim brought in an expedited arbitration and negotiated a significant damages award on the counterclaim
• Currently engaged in several on-going arbitration mandates for both plaintiffs and defendants
• In Paletta International Corp. v. Liberty Freezers London Ltd., 2021 ONCA 383, represented the appellant. The Court of Appeal overturned the trial judge's $3 million dollar damage award and the $300,000 costs award and substituted its own judgment that awarded the respondent no damages or costs
• In Re Deyell, 2021 ONSC 5593, represented the applicant and moving party creditor. The bankruptcy court granted judgment for partition and sale of property previously jointly owned by the bankrupt. The court also awarded the creditor judgment for the full payment of its debt and legal costs
• In LPIC v. Fiore et al., 2021 ONSC 7860, represented the plaintiff during a 4-day trial. The trial judge found a resulting trust and granted judgment in the plaintiff's favour, including a declaration that the defendant father was the beneficial owner of certain property held by the defendant children as trustees. The trial judge reappointed the trustee in bankruptcy to sell the property for the benefit of the bankrupt's creditors, which included the plaintiff
• In MTCC No. 1396 v. Lisa Arsenault, represented the applicant Condominium Corporation against an unruly condo owner. The court granted judgment to the Condominium Corporation, including granting a compliance order under section 134 for of the Condominium Act.
• Litigation counsel to a large multifaceted Canadian nuclear corporation in ongoing litigation and arbitrations matters
• Negotiated the successful resolution of a $100 million dollar construction dispute
• Acted for clients in the defence of Mareva injunctions
• Represented officers and directors against claims brought by Bankruptcy Trustees
• Acting for property developers in ongoing construction and landlord disputes
• Acted as Independent Supervising Solicitor on the enforcement of Anton Piller Orders
• Acted as counsel to applicants and respondents on leave to appeal motions to the Supreme Court of Canada
• Represented owners, general contractors, and sub-trades in various construction lien actions
• Represented individual defendants against actions brought by the Royal Bank of Canada and other financial institutions
• Represented financial institutions in various bankruptcy proceedings against debtors and in proceedings to obtain section 38 orders under the BIA
• Represented a contractor in enforcing the terms of settlement agreement and in dismissing the underlying arbitration
• Represented General Motors LLC and General Motors of Canada in the bankruptcy proceedings of Bionx Canada Inc., an electric bike manufacturer. Assisted General Motors LLC and GM of Canada to obtain orders to facilitate the recovery and removal of their equipment.
• Represented a cosmetic distributor in the defence of claim brought by an Israeli license owner and in a subsequent arbitration
• In Zaidi v. Hussain, 2018 ONSC 642, represented the defendants in defeating the claims brought by the plaintiff concerning, among other things, an alleged interest in their land
• Represented a business owner in obtaining an order to discharge a construction lien and dismiss the underlying breach of contract action
• Represented a Car Manufacture in the successful defence of an alleged vehicle malfunction
• Represented a Municipality in the recovery of damages sustained by two defendants charged with street racing
• Represented a Municipality in an action for the recovery of damages
• Represented a mayor of a Municipality in the prosecution of a defamation action
• In Ferina Construction Limited v. Anna Labno et al., 2017 ONSC 6469, represented the bankrupt in the successful appeal of a Master's order. The Divisional Court overturned the Master's decision to allow the plaintiff to enforce a default judgment against the bankrupt in the face of a stay of proceedings order
• Represented various creditors in applications brought under section 178(1)(d) of the Bankruptcy and Insolvency Act
• Represented various clients in successful summary judgment motions
• Represented various financial institutions in the enforcement of their legal rights and remedies as against debtors
• Represented professionals in discipline proceedings brought before their respective governing bodies
• Represented minority and majority shareholders in respect of the defence and prosecution of oppression proceedings

PRO BONO MATTERS

• Second Vice President Board of Directors of the Peel Law Association.