Skip to main content
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
Share
  • LinkedIn

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

  • Recognized in International Arbitration and Securities Law in Vancouver, The Best Lawyers in Canada 2018 to 2026
  • Recognized in Corporate and Commercial Litigation in Vancouver, The Best Lawyers in Canada 2011 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Litigation - Securities, Lexpert 2015 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Litigation - Corporate Commercial in 2016, 2018-2024, and 2025-2026, Lexpert 2016 to 2026
  • Recognized nationwide as top tier (Band 1) in Litigation: General Commercial in British Columbia, Chambers Canada 2016 to 2026
  • Recognized in British Columbia as a Litigation Star in General Commercial and Securities , Benchmark Litigation Canada 2017 to 2026
  • Recognized as Lawyer of the Year in Director and Officer Liability Practice in Vancouver, The Best Lawyers in Canada 2026
  • Recognized in Appellate Practice in Vancouver, The Best Lawyers in Canada 2026
  • Recognized as a Thomson Reuters Stand-out Lawyer, Thomson Reuters stand-out lawyers 2026
  • Recognized in the Canadian Legal Lexpert Directory in Data Privacy and Cybersecurity, Lexpert 2026

Experience

  • 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

  • 2026 Shareholder Activism in Canada: The Legal Framework, 2/3/2026
  • Choosing the Seat For Your Next Arbitration: The Case for Canada, 5/8/2025
  • Class Actions in Canada: Hot Topics Shaping Tech Litigation, 4/8/2025
  • The Benefits of Choosing a Canadian Jurisdiction for Choice of Law and Jurisdiction in Contracts, 3/13/2025
  • BC Government Seeks to Make Significant Amendments to the Business Practices and Consumer Protection Act, 3/6/2025
  • Shareholder Activism in Canada: The Legal Framework, 2/4/2025
  • BC Government Introduces Bill 12 – Public Health Accountability and Cost Recovery Act, 3/15/2024
  • Cautionary Tales of Using AI Chatbots: The Courts Weigh in on AI Hallucinations, 3/12/2024
  • Shareholder Activism in Canada: The Legal Framework, 3/2/2023
  • Plan Members’ Action Against Pension Trustees Fails, 5/16/2022

Events

  • Anticipating and Navigating International Mining Disputes, 2/27/2025
  • Symposium 2024 - Harnessing the Potential and Understanding the Risks of Using AI – Ethics and Practice Management, 11/21/2024
  • Avoiding Litigation – Litigation Risk Spotting for Mining Companies, 3/1/2023
  • Arbitration Trends and Best Practices in the Post-Pandemic World, 6/23/2022
  • Effective and Enforceable Dispute Resolution, 3/2/2022
  • Symposium 2021 - Shortcuts and Pitfalls in Complex Litigation, 11/17/2021
  • Ethics in Action, 11/5/2019
  • Ethics in Actions, 11/21/2018
  • Fasken Martineau Symposium 2017 - Vancouver, 11/7/2017
  • Fasken Martineau Symposium 2013 - Vancouver, 10/30/2013

News

  • Fasken will attend the 2026 IBA in Copenhagen, 4/13/2026
  • Tracey Cohen discusses the growing use of AI in dispute resolution in Lexpert, 11/20/2025
  • Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized, 9/4/2025
  • Fasken Welcomes the IBA to Toronto, 5/1/2025
  • Tracey Cohen comments on the growing use of arbitration to resolve commercial disputes in Lexpert, 11/21/2024
  • Fasken will attend the 2024 IBA in Mexico City, 6/13/2024
  • Fasken will Attend the 2023 IBA in Paris, 7/21/2023
  • Fasken Recognized in the 2022 Edition of the Benchmark Litigation Canada Guide, 4/28/2022
  • Lexpert® ALM 500 Directory 2022 Names 22 Fasken Lawyers, 1/6/2022
  • Lexpert® ALM 500 Directory 2020 Names 18 Fasken Lawyers, 12/13/2019

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
  • The Veritable Grand Slam Motions to Strike in Class Proceedings, 4/25/2014
  • Questioning Your Standards, 3/28/2014
  • Terminating Agency Relationships, 2/21/2014
  • Distinguishing Oppression Claims and Derivative Actions, 6/10/2011
  • Canada's Supreme Court Defines Departing Employees Duties, 10/17/2008
  • Benefits Cost, 10/1/2004

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
  • Class Actions and Motions to Strike, 4/25/2014
  • Looking for Errors in All the Wrong Places, 3/27/2014
  • Terminating Agency Relationships, 2/21/2014
  • Distinguishing Oppression Claims and Derivative Actions, 6/10/2011
  • Done Deal. Or is It?, 1/24/2007
  • Arbitration and Mediation: The Dispute Resolution Process in Action, 1/30/2006
  • Arbitral Control and Party Autonomy, Business ADR: Commercial Arbitration and Mediation, 11/1/2004
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