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Tracey M. Cohen, Partner | Commercial Litigation

Tracey M. Cohen, KC, FCIArb *

Partner Fasken
Developing a successful strategy is about understanding your client and their needs and having the passion to achieve the best resolution.
Jurisdiction British Columbia, 1993
Language(s) English
Office(s) Vancouver
Contact
*Law Corporation
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Overview

Tracey Cohen, KC is a leading commercial litigation and dispute resolution Partner in the Vancouver office. Tracey has been recognized for expertise in Corporate and Commercial Litigation, Securities Litigation and International and Commercial Arbitration and has repeatedly been recognized as one of Canada’s top 25 female litigators. Tracey was appointed as Queen’s Counsel in 2015 and was admitted as a Fellow of the American College of Trial Lawyers in March 2019, and a Fellow of the Litigation Counsel of America in 2020. Tracey has been noted for her ability to strategize the best approach for complex disputes. She is recognized as “very strong in developing relationships” and for understanding her clients’ business and objectives. Tracey is Co-Chair of Fasken’s Commercial Litigation Group in BC and Chair of Fasken’s National Arbitration Steering Committee.

Clients appreciate Tracey’s dedication and commitment to ensuring that their interests are well-served, and, where appropriate, her use of technology and project management to achieve efficiencies.

Tracey has advised a number of clients including: Coastal Contacts, Essilor International, TD Bank Financial Group, Deloitte LLP, Scotia Capital, and Eastern Platinum.

Tracey regularly appears in the British Columbia Supreme Court and the British Columbia Court of Appeal, and acts as counsel in arbitrations and mediations. She also appears as counsel in matters involving the B.C. Securities Commission, the MFDA and IIROC.

Tracey acts as counsel on a range of matters, with a focus on corporate commercial litigation and international and domestic arbitration matters, including class actions, oppression proceedings, derivative actions, pension litigation, professional negligence, mining, tax litigation, fraud, and securities matters, including hostile take-over bids, and shareholder disputes. She has worked with major international law firms in the United States to collaborate on cross-border litigation.

Tracey is a frequent lecturer on a variety of topics for CLE BC, the Advocates’ Society and for the UBC Trial Advocacy Course.

Achievements

Client Work

  • Phaneuf v 0896459 B.C. Ltd., [Case - Norman Phaneuf and Bradley Phaneuf], Court dismisses counterclaim; trial set for rectification of share rights and restrictions.
  • Proctorio asserts legal claim to protect confidential and copyrighted content, [Case - Proctorio, Incorporated], Developer of an online exam proctoring tool pursues claim to protect its confidential and copyrighted information.
  • Google LLC defends claims for breach of privacy and breach of consumer protection legislation related to Google Photos, [Case - Google, LLC], Plaintiff seeks to certify claims for breach of privacy related to Google Photos.
  • Trustees of the BC Credit Union Employee’s Pension Plan confirmed by Court of Appeal to have acted in accordance with the Plan and their fiduciary obligations, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], The trustees of a multi-employer pension plan of BC Credit Unions were found to have acted in accordance with the pension plan and their fiduciary obligations in increasing the normal retirement date to age 65 for full pension entitlement. The British Columbia Court of Appeal dismissed a claim ostensibly brought by four members of the plan, but supported by the BC Government Employees Union.
  • Google LLC confronts trio of class proceedings over privacy breach and misrepresentation claims, [Case - Google, LLC], Court agrees that putative class members cannot pursue Google LLC in three separate class proceedings with overlapping claims.
  • Larkin v. Johnson, 2023 BCCA 116, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], Trustees of a multi-employer pension plan of BC Credit Unions were again vindicated by the Court of Appeal.
  • Counsel to Trustees of the British Columbia Credit Union Employees’ Pension Plan in member claim dispute, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], Took on a crucial role as legal counsel, representing pension plan trustees in a dispute involving four members of a multi-employer pension plan registered in British Columbia. This case revolves around the plan's defined benefit provisions and has implications for pension trustees.
  • Kraft Heinz Canada ULC v. Canada (Attorney General), 2022 BCSC 796, [Case - Kraft Heinz Canada Inc.], BC Supreme Court accepts that a self-help Dutch-law annulment declaration retroactively voided a cash capital contribution.
  • Detour Gold Corporation litigates whether a net profit interest is an interest in land, [Case - Detour Gold Corporation], Represent Detour Gold Corporation in dispute over nature of net profit interest

Career & Education

Education

  • LLB University of British Columbia
  • BA (with Distinction), Political Science University of Toronto

Community involvement

  • Fundraiser, Combined Jewish Appeal Campaign of Jewish Federation of Greater Vancouver

Memberships & Affiliations

  • Fellow, Litigation Counsel of America
  • Member, Diversity Law Institute
  • Member, Law Society of British Columbia
  • Fellow, American College of Trial Lawyers
  • Member, Western Canada Commercial Arbitration Society
  • Member, Securities Law Section, Canadian Bar Association (BC Branch)
  • Member, Discipline Committee of the Law Society of British Columbia (January 2015 - December 2016)

Knowledge

Events

News

Publications

  • Utilizing AI-powered Tools In Arbitration, 5/23/2024
  • Choosing the Seat for an International Mining Arbitration: The Case for Canada, 3/17/2023
  • First Hostile Takeover Bid Launched Under New Canadian Regime, 7/14/2016

Speaking Engagements

  • BC's New Arbitration Act and Changes at VanIAC, 10/22/2021
  • Evidentiary Problems Arising in Virtual and In-Person Hearings, 9/22/2021
  • Admissibility - The Big Issue, 11/18/2015
Speaker BC's New Arbitration Act and Changes at VanIAC CBABC ADR-Vancouver
Panellist Evidentiary Problems Arising in Virtual and In-Person Hearings Canadian Arbitration Week 2021 location location Virtual
Admissibility - The Big Issue Expert Evidence 2015, CLE BC location location Vancouver Pan Pacific Hotel

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