Karen L.M. Carteri

PARTNER
kcarteri@nst.bc.ca
604.662.8875

Ms. Carteri is a trial and appellate lawyer.  She joined NST as a partner in 2016.   Prior to joining the firm, Ms. Carteri was a partner in the Vancouver office of a national law firm where she practiced for 14 years and where she was leader of the firm’s Vancouver office litigation group.   

In 2015, Ms. Carteri received the Lexpert Rising Stars: Leading Lawyers in Canada Under 40 Award which recognizes leading lawyers in the Canadian legal community.  Ms. Carteri received Benchmark Canada's Emerging Talent award for British Columbia and was ranked as a Litigation Star by Benchmark Canada in 2018.

Ms. Carteri appears regularly as counsel before the B.C. Supreme Court and Court of Appeal and before various administrative tribunals.  Ms. Carteri represents clients in a wide range of commercial and business disputes, with experience in shareholder, director and corporate control disputes and remedies, major commercial real estate and property development disputes, commercial lease disputes, banking/financial services litigation and security enforcement litigation.

Ms. Carteri is active in the community, including as a member of the board of directors of Vancouver College, a private all-boys elementary and high school.  She recently finished two years serving on the Canadian Bar Association of BC Advisory to the Judicial Council of BC Committee. She served on the board of directors of the Association of Women in Finance as Corporate Governance/Secretary from 2013 until 2017 and on its Women on Boards Committee during 2017/2018. 

Representative cases

Ms. Carteri has acted as lead counsel and co-counsel on a wide range of commercial and business disputes and has assisted clients to successfully resolve their disputes in and out of court.

Commercial Matters

Ms. Carteri has acted in various commercial matters, including the following:

  • Counsel for Plaintiff Great Canadian Gaming Corporation in a contract damage claim of over $30 million against British Columbia Lottery Corporation. Trial to take place in late 2019.

  • Counsel for Plaintiff in successful trial of claim for specific performance of a valuable share for services agreement in respect of a cannabis start-up company: Precursor Capital Corp. v. Hydrx Farms Ltd., 2018 BCSC 1150

  • Counsel for a creditor and 50% shareholder in a closely held company in successful resolution of a dispute relating to creditor rights, shareholder rights and claim of conversion relating to purchase, sale and use/operation of several small commercial aircraft and aircraft parts.

  • Counsel for pharmaceutical company in successful defence of shareholder claims relating to shareholder capital and loans: Miracle Management Inc. v. AP Martin Pharmaceutical Supplies Ltd., summary trial, Oral Reasons given on June 17, 2016.

  • Counsel in successful application for special costs after trial in shareholder dispute: Lee v. 686342 B.C. Ltd., 2011 BCSC 1576 and Creative Realty Corp. v. 333 Terminal Holdings Ltd., 2011 BCSC 1575.

  • Counsel in successful jurisdictional challenge of BC court jurisdiction in favour of the Courts of Mexico in wrongful dismissal dispute: Genco Resources Ltd. v. MacInnis, 2010 BCSC 1342.

  • Various ongoing professional negligence matters, construction matters, and environmental matters.

Real Estate and Property Matters

Ms. Carteri has acted for various commercial property owners and developers in lease, purchase and sale contract, and other property rights disputes, including the following: 

  • Counsel for 50% shareholders and partners in a closely held residential property development company regarding multi-million dollar development projects involving claims of oppression, breach of contract and shareholder remedies, in private arbitration. .

  • Counsel for insurer and insured at summary trial and on appeal in successful mortgage cancellation action related to notary fraud, upheld on appeal: Lin v. CIBC Mortgages Inc., 2015 BCCA 518.

  • Appellate counsel in easement cancellation dispute: Robinson v. Pipito, 2014 BCCA 200.

  • Co-Counsel to Fortune 500 company Hutchison Whampoa and subsidiary NMH Holdings in successful settlement of at trial of a claim seeking specific performance of an Expo lands purchase contract or damages over $90 million and successful defence of counsel disqualification motion: NMH Holdings Ltd. v. One West Holdings Ltd. and Concord Pacific, 2012 BCSC 2213.

  • Counsel for waterfront property owners in ongoing dispute and lawsuit with commercial developer, Town of Gibsons and Province of British Columbia regarding waterfront riparian rights of access.

  • Counsel for title insurer in various title insurance matters.

Banking/Financial Services and Security Enforcement Matters

Ms. Carteri has acted for financial institutions and private lenders in matters of security enforcement, insurance claims and fraud claims, including the following:

  • Counsel for RBC in successful appeal regarding interpretation of standard mortgage terms: RBC v. Innes, 2016 BCSC 1307.

  • Counsel for RBC in insurance coverage dispute: RBC v. CNS, 2014 BCSC 1422.

  • Counsel for RBC in successful summary judgment application in contested foreclosure: RBC v. Miller, 2012 BCSC 2213.

  • Counsel for public company debtor in successful defence of receivership application: Maple Trade Finance Inc. v. CY Oriental Ltd., 2009 BCSC 1527.

Mining and Forestry Matters

Ms. Carteri has acted for mining and forestry companies to resolve various commercial and corporate disputes, including the following:

  • Counsel for Tahoe Resources Inc. in a civil lawsuit by Guatemalan plaintiffs, successful application to stay action on jurisdictional grounds: Garcia et al v. Tahoe Resources Inc., 2015 BCSC 2045.

  • Counsel for defendant in successful defence of breach of fiduciary duty and breach of contract claim regarding mining interests in Bougainville, Papua New Guinea: Bougainville Investment Corporation v. Semple, 2013 BCSC 1919.

Public and Private Company Matters

Ms. Carteri has acted for various public and private companies in matters relating to director liability, securities issues, corporate control and proxy disputes, shareholder disputes, internal investigations, including the following:

  • Counsel for issuer of offering memorandum in ponzi scheme matter and bankruptcy proposal, and success in contentious fee dispute: Re Cem Ali, 2011 BCSC 1576.

  • Counsel for Norwegian dissenting shareholders in respect of Yukon based mining company plan of arrangement: Crew Gold v. Matre, 2011 YKSC 75 and 2012 YKCA 9.

  • Counsel in successful proxy dispute litigation regarding conduct of shareholder meeting: Harbour v. Barkerville Gold Mines Ltd., 2013 BCSC 652.

  • Litigation counsel in numerous corporate plans of arrangement.

Education

  • Admitted to the British Columbia Bar, 2002

  • Admitted to the Saskatchewan Bar, 2000

  • LLB (with Distinction), University of Saskatchewan, 1999

  • Bachelor of Commerce, University of Saskatchewan (Dean’s List), 1997

Publications and presentations

  • Panel Member, Dealing with Difficult People - Practical Tips and Strategies, October 2018, Advocates Society

  • Panel Member, Jurisdictional Defences Under the Court Jurisdictions and Proceedings Transfer Act, December 2017, Continuing Legal Education Society of BC

  • Co-author, British Columbia Lawsuit by Guatemalan Plaintiffs Against Tahoe Resources Inc. Stayed on Forum Non Conveniens Grounds – November 2015 McMillan LLP Litigation Bulletin

  • Co-author, No Canadian Connection? No Problem! Supreme Court Permits Actions to Enforce Foreign Judgments Without Proof of Canadian Assets or Other Links – September 2015 McMillan LLP Litigation Bulletin

  • Panel Member, Motions to Strike, April 2014, Continuing Legal Education Society of BC

  • Panel Member, Shareholder Activism on the Rise - what you need to know, February 2014 McMillan LLP National Seminar Series

  • Presenter, Update on New Professional Conduct Handbook and Overview of New Conflict Rules, 2013 SABABC Fall Conference

  • Author, Tales from Whitehorse: Shareholders' Rights in Yukon, November 2011 McMillan LLP Litigation Bulletin

  • Author, Directors Must Manage Expectations, June 2010 Lang Michener LLP InBrief

  • Author, No Privilege for In-House Counsel, Winter 2010 Lang Michener LLP InBrief

  • Author, Replacement Workers Not Strictly Prohibited During Essential Services Strike, Fall 2009 Lang Michener LLP InBrief

  • Panel Member, Entitlement to Special Costs, April 2008, Continuing Legal Education Society of BC

  • Author, Contractual Rights Circumvented to Uphold Plan of Arrangement July 2007, The Lawyers Weekly

  • Co-Author, An Overview of Recent Decisions of the Privacy Commissioner of Canada, Privacy - 2005 Update, The Continuing Legal Education Society of BCMs. Carteri is active in the community, including as a member of the board of directors of Vancouver College.  She just finished two years serving on the Canadian Bar Association of BC Advisory to the Judicial Council of BC Committee and served on the board of directors of the Association of Women in Finance as Corporate Governance/Secretary from 2013 until 2017 and on its Women on Boards Committee during 2017/2018.