Telephone: 416 869 5368
Fax: 416 640 3003
Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2
Carly Cohen is a lawyer in the Litigation Group. Her practice focuses on the litigation and resolution of commercial and franchise disputes. Carly represents franchisors in a variety of matters relating to rescission and good faith claims, brand protection and the enforcement of contractual obligations and post-termination covenants. Carly has also acted in a wide range of commercial litigation matters involving contract disputes, director and officer liability, oppression and shareholder disputes.
Carly brings a practical, proactive and strategic approach to the litigation and resolution of complicated disputes. Carly has litigated at all levels of court in Ontario and has appeared as counsel in the provinces of British Columbia and Alberta. Carly also utilizes alternative dispute resolution strategies, including mediation and arbitration, as a means of achieving positive and efficient results for clients.
Carly’s representative work includes:
- Acting for a variety of franchisors in enforcing post-termination covenants and shutting down unlawful competition
- Obtaining a $1.1 million damages award for the breach of a hotel management contract, in which the quality of her oral advocacy was commended by the Court: “I note, as well, that Ms. Cohen ably argued...the summary judgment motion.”
- Achieving a finding of civil contempt against a franchisee that refused to comply with a court order to cease competitive conduct
- Acting for corporate directors to defend an injunction and an attempt to commence a derivative action
- Defending a summary judgment motion for breach of a royalty agreement
- Successfully obtaining and defending security for costs motions in a complex commercial dispute
Carly has lectured for the Franchise Law course at Western University. She also writes regularly on franchise and securities litigation matters. Carly is co-chairing the OBA Institute Franchise Program in 2020.
Carly has been a volunteer with Pro Bono Ontario since 2009. She is also a mentor to first year law students as part of the Western Law Student-Alumni Mentor Program.
Carly attended Western University where she was the first student to graduate from the combined JD and Media, Information and Technoculture program. Carly received the Bereskin & Parr Award in Industrial and Intellectual Property Law and was a Dean's Honour List student for achieving a cumulative average in the top 10% of her law class. Carly spent a semester studying at ESADE Ramon Llull University, Faculty of Law in Barcelona, Spain.
Western University, Combined B.A. (Hons.) Specialization in Media, Information & Technoculture/J.D., 2012
Publications, Newsletters and Articles
Class Actions e-COMMUNIQUÉ - August 2019
Franchise Law e-COMMUNIQUE - July 2019
Franchise Law e-COMMUNIQUÉ - April 2019
Franchise Law e-COMMUNIQUÉ - December 2018
Sweet Success: Supreme Court of Canada Denies Dairy Queen Franchisee’s Leave Application
Canadian Securities Litigation Outlook 2018: Trends to Watch for Capital Markets Participants
Franchise Law e-COMMUNIQUÉ - October 2018
Sticky Fingers: Unclean Hands and Weak Case Undermine Dairy Queen Franchisee’s Injunction
Class Actions e-COMMUNIQUÉ - September 2018
Class Actions e-COMMUNIQUÉ - April 2018
Conferences, Speaking Engagements, Events
Carly Cohen Speaking on "'Conscious Uncoupling' – Managing the franchise relationship from beginning to end"
Call to the bar
- Canadian Bar Association
- Ontario Bar Association
- The Advocates' Society
Hospitality & Tourism