Education

Bar Admission

  • 2000 Admitted to the British Columbia Bar
  • 2015 Admitted to the Yukon Bar

Karen R. Zimmer is the leader of our firm’s Defamation + Publication Risk Management and Information + Privacy Practice Groups. She is also a member of the firm’s Appellant Advisory, Business Disputes, Class Actions, Health, Education, Local Government, and Charities + Non-Profit Practice Groups. Her practice is primarily focused on the following areas of litigation and compliance: libel and slander, privacy, society governance and litigation matters, and commercial litigation.

Karen has extensive experienced in pursuing her clients’ interests in urgent interlocutory applications, short and lengthy trials, appeals, arbitrations, mediations, complaints and inquiries before the privacy commissioners, and judicial reviews. She has appeared at all levels of court in British Columbia, as well as in courts in other provinces and territories.

She was a speaker on several topics at the 2022 Continuing Legal Education Society of BC seminar on Defamation, Privacy and Media Law.  Karen is recognized in The Best Lawyers in CanadaTM 2023 for her work in privacy and data security law.

Karen believes in the importance of assessing risk exposure early on in her retainer and providing ongoing risk management advice to ensure that contentious matters do not escalate. Where litigation is to be avoided, she is experienced in working with her clients to achieve a resolution.  Karen appreciates that her areas of practice frequently require quick action and responds accordingly.

On A Personal Note...

Karen is married with a son, a daughter, and an adorable goldendoodle.  She enjoys her free time supporting her kids in their athletic endeavors, travelling and skiing with her family, running, gardening, and enjoying wine with friends.

Representative Experience

  • Extensive experience in defending universities, media (including CBC), health authorities, school boards, insurance benefit providers, non-profit associations, and professionals, in a variety of libel and slander matters.
  • Success obtaining summary dismissals of defamation actions, without the need for a full trial, including relying upon the Evidence Act, absolute privilege, qualified privilege, justification, and the court not having jurisdiction over academic matters or matters which fall under the collective agreement: see for examples Crisci v. Vancouver Island Health Authority, 2023 BCSC 1883; Skyllar v. The University of British Columbia, 2022 BCSC 439, aff’d 2023 BCCA 90, leave to appeal to SCC refused, 41030 (30 May 2024);  Zhao v. Corus Entertainment  2021 BCSC 349 aff’d 2021 BCCA 408; Oler v. Wheeler, 2018 BCSC 664.
  • Successfully obtaining security for costs orders from the Supreme Court and Court of Appeal, as well as special costs awards.
  • Pursuing dismissal applications pursuant to the Protection of Public Participation Act: Galloway v. A.B., 2021 BCSC 2344; Rooney v. Galloway, 2024 BCCA 8.
  • Successfully defending breach of privacy actions.
  • Opposing certification of privacy class actions and defending privacy-related class actions.
  • Frequently advising public and private organizations, including tribunals and universities, on their statutory privacy obligations with respect to freedom of information requests and discretionary and mandatory severance of information.
  • Representing clients in complaints and inquiries before the federal and provincial privacy commissioners, as well as advising on judicial reviews of same.
  • Drafting privacy-related policies and procedures, consents, and privacy impact assessments.
  • Reviewing publications to provide pre-publication advice and recommending strategies to minimize the risks of being sued in defamation.
  • Mitigating damages caused by defamatory publications, including through cease and desist demands, compelling hosts to remove defamatory publications, and seeking relief through legal action.
  • Providing governance advice to non-profit clients, including on membership and election disputes, drafting bylaws and policies, and defending non-profits in legal proceedings brought under the Societies Act and the Canada Not-for-profit Corporations Act.
  • Successfully obtaining various urgent injunctions in commercial litigation matters, including an order to remove a director and shareholder from management.
  • Urgent applications on behalf of media clients, including applications related to publication bans and for cameras in hearing rooms: see for example v. Zehaf-Bibeau, 2014 BCPC 253.
  • Successfully defending with David Gooderham, a local school board and four trustees in a claim by a former school superintendent arising out of extensive coverage in the local media. The claim was dismissed in its entirety after a very lengthy trial and with costs awarded in favour of our clients for approximately $700,000: Lane v. Board of School Trustees of School District 68 (Nanaimo-Ladysmith), 2006 BCSC 129.
  • Successfully litigating various matters involving contract disputes, guarantees, and intellectual property matters.

Publications

Blogs

Recap on Changes to Freedom of Information and Protection of Privacy Act

Protecting Your Organization from Cyber Attacks While Implementing COVID-19 Remote Working Protocols

The Internet tick tock on Limitation Periods – Where are you Canada?

Permissive disclosure of personal information in the midst of the COVID-19 crisis

Managing Risks When Asked for an Employee Reference

Privacy breach by your rogue employee: Are you liable?

Derivative actions under the Societies Act (BC): what are they, why are they important, and what do they mean to my society?

Privacy vs. Free speech on the Internet: An update on the right to be forgotten and what is happening at home

The interplay between BC’s statutory tort of privacy and the tort of defamation

Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

Ensuring that the new Societies Act (B.C.) does not have you headed to the Courtroom

What they wish they knew before publishing

Special Costs: When Pursuing Your Defamation Claim May Cost You

Upholding the end of the bargain, and avoiding penalty and unconscionable claims – Case comment: Do v. Nichols

Upholding the end of the bargain, and avoiding penalty and unconscionable claims – Case Comment: Do v. Nichols

Making Complaints to Regulatory Bodies within the Protection of Absolute Privilege

Internet Defamation: Notice of Claim Served via Message Board

An insurer’s duty to defend in defamation cases

Liability for hyperlinking after the Supreme Court of Canada’s Decision of Crookes v. Newton

The Hexagonal Hole of Modernity – Defamation in an Internet Age: Crookes v. Newton 2011 SCC 47

Only 2 years in British Columbia to commence a defamation action, regardless of when the defamatory publication is discovered.