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Tracey M. Cohen, Partner

Tracey M. Cohen, KC *

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

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 currently a member of the Firm’s Partnership Board. She is also 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

  • Larkin v. Johnson, 2023 BCCA 116,
  • Kraft Heinz Canada ULC v. Canada (Attorney General), 2022 BCSC 796,
  • Detour Gold Corporation litigates whether a net profit interest is an interest in land,
  • Royal Mutual Funds responds to class action relating to enhanced compensation that was paid to a category of RBC financial advisors for a period of time,
  • Eastern Platinum Limited and its subsidiaries commenced an action against its former officers and directors,
  • Client successful in corporate governance dispute resolved by means of an AAA-ICDR international arbitration,
  • Confidential Arbitration, Ongoing since March 2020
  • Titan Minerals Ltd. successfully defends proceeding in response to take-over bid,
  • International arbitration between a company in a shareholder dispute involving a conflict of interest and company law issues, Ongoing since February 2020

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

Fasken Institute

News

Publications

Speaking Engagements

Speaker BC's New Arbitration Act and Changes at VanIAC CBABC ADR-Vancouver
Admissibility - The Big Issue Expert Evidence 2015, CLE BC location location Vancouver Pan Pacific Hotel

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