Carly Cohen is a partner in the Litigation Group at Cassels. Carly’s practice focuses on the litigation and resolution of commercial and franchise disputes. She 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. She brings a practical, proactive and strategic approach to the litigation and resolution of complicated disputes and 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
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. She has been a volunteer with Pro Bono Ontario since 2009 and also serves as a mentor to first year law students as part of the Western Law Student-Alumni Mentor Program.