Carly Fidler

Carly Fidler

Partner, Litigation

Contact Information

cfidler@osler.com

tel: 416.862.4282

Office

Toronto

Bar Admission

Ontario, 2011

New York, 2012

Education

  • Osgoode Hall Law School, J.D.
  • Dalhousie University, B.A.

Language(s)

English

Carly is an advocate who provides strategic counsel to clients facing complex legal challenges, particularly in business-critical corporate and commercial disputes, construction and infrastructure disputes, and tax litigation. She is dedicated to client service and has a proven track record of understanding and advancing clients’ interests with a strategic and persistent focus on achieving their objectives.

Carly’s diverse group of clients include major financial institutions, government entities, and multinational public and private corporations. She has represented clients in the construction and infrastructure industry in a wide variety of disputes involving construction liens and trusts, bond and insurance claims, contract interpretation, delay and extras claims, professional negligence, and also advises on the avoidance and management of risk in the administration of construction contracts. Carly also advises Canadian and foreign-based corporations doing business in Canada on all aspects of avoiding, managing, and litigating tax disputes at all stages of interaction with the Canada Revenue Agency. She has particular experience with transfer pricing, issues of deductibility of settlement payments and other types of expenses, and the general anti-avoidance rule.

Highlights of Carly’s most recent work include: representing Wheaton Precious Metals in its transfer pricing appeal in the Tax Court of Canada; representing the City of Toronto in complex multi-party litigation arising out of the Union Station Revitalization Project; and representing Canadian Imperial Bank of Commerce in its transfer pricing and deductibility of settlement payments appeal in the Tax Court of Canada.

While seconded to Osler’s New York office, Carly was involved in cross-border issues.

Carly is also passionate about access to justice, and a committed Pro Bono Ontario supporter and volunteer.

Carly is admitted to the Bars of Ontario and New York.

    • City of Toronto in various Construction Lien and dispute matters relating to the $500 million Union Station Revitalization Project.

    • A leading Canadian contractor in disputes relating to rail infrastructure projects.

    • A global mining company in respect of various claims arising from the construction of a large-scale construction project.

    • Wheaton Precious Metals in its transfer pricing appeal in the Tax Court of Canada.

    • A Canadian financial institution in its appeal in the Tax Court of Canada involving issues of deductibility of expenses and transfer pricing.

    • A utility provider in its appeal in the Tax Court of Canada involving the deductibility of expenses.

    • A Canadian financial institution in an appeal in the Tax Court of Canada involving the general anti-avoidance rule.

    • A Canadian company seeking payment from its insurer (Federal Court).

    • B’nai Brith Canada in its intervention in a successful judicial review of the Chief Electoral Officer of Canada’s exercise of his discretion in breach of the Canada Elections Act and voting rights and religious freedoms under the Charter.

    • Kids Help Phone in its intervention at the Supreme Court of Canada regarding cyber bullying and the protection of anonymity of young people. 

  • Benchmark Litigation Canada: Recognized as "Future Star"; "40 & Under List"

  • Law Help Ontario, Ontario Superior Court of Justice and Small Claims Court Duty Counsel Projects
  • African Services Committee, Volunteer (2009)

  • Ontario Bar Association
  • Canadian Bar Association
  • American Bar Association
  • New York State Bar Association
  • The Advocates’ Society
  • Osgoode Society for Canadian Legal History

  • Co-authored a reference guide "Obtaining Evidence in Canada for Use in U.S. Litigation", March 2018
  • Co-chaired, “Your First Civil Trial”, OBA Young Lawyers’ Division, Toronto, March 2014 and March 2015
  • Co-authored paper “Exclusion Clauses Prevent Co-Defendants from Collecting Contribution and Indemnity”, Canadian Bar Association National Civil Litigation Section Newsletter, July 2013
  • Co-authored paper Obtaining Evidence in Canada for U.S. Litigation" presented at the Cross-Border Litigation Forum in New York City on September 12, 2012