Carly Fidler is a trusted advocate and strategist who provides practical counsel to clients facing complex, business-critical legal challenges. Her practice spans high-stakes disputes with a focus on corporate and commercial, construction and infrastructure, and tax. Known for her unyielding commitment to client service, Carly combines passionate advocacy with sharp strategic vision to achieve her clients’ objectives.
Her diverse clients include financial institutions, government entities, and multinational public and private corporations. Within the construction and infrastructure sector, Carly offers an effective holistic perspective. Because she deeply understands the front end of construction projects – where contract structures, risk allocations, and procurement dynamics are established – she excels at identifying hidden vulnerabilities and anticipating where projects can go sideways. This proactive insight allows her to help clients mitigate and manage risk and avoid pitfalls long before they escalate. When formal disputes do arise, she brings extensive experience in all forms of dispute resolution involving complex contract interpretation, delay and extra claims, construction liens and trusts, and bond and insurance claims.
In her tax disputes practice, Carly advises multinational clients navigating complex tax issues at every stage of interaction with the Canada Revenue Agency and the Courts. She brings deep specialized expertise to high-value matters involving transfer pricing, the general anti-avoidance rule (GAAR), and the deductibility of expenses.
Carly is admitted to practice in both Ontario and New York. Deeply committed to access to justice, she is an active supporter and volunteer with Pro Bono Ontario.
Representative Work
Selected Representative Work
- A leading international construction services company in disputes resulting from the design-build-finance of numerous projects connected to a major Ontario infrastructure project.
- A pipeline operator in arbitration arising out of construction of significant new infrastructure.
- A Canadian city in complex, multi-party litigation arising out of the revitalization of a major transportation hub.
- A multinational streaming company in its landmark transfer pricing appeal in the Tax Court of Canada and settlement.
- A utility provider in its appeal in the Tax Court of Canada involving the deductibility of expenses.
Other Representative Work
- A global mining company in respect of various claims arising from the construction of a large-scale construction project.
- A Canadian financial institution in its appeal in the Tax Court of Canada involving issues of deductibility of expenses and transfer pricing.
- A Canadian financial institution in its appeal in the Tax Court of Canada involving the general anti-avoidance rule.
- 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.
Latest Insights
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Osler Update June 23, 2022
Weighing the advantages of arbitration vs. litigation in construction disputes – webinar
Osler lawyers discuss the pros and cons of arbitration versus litigation in resolving construction disputes during a Construction and Infrastructure...
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Blog April 19, 2021
COVID-19: Ontario extends state of emergency and stay-at-home order – impact on permitted construction activities
On April 16, 2021, the Government of Ontario announced the extension of the provincial declaration of emergency and stay-at-home order first...
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Blog January 19, 2021
COVID-19: Ontario’s second state of emergency – Amendments to list of permitted construction activities
On January 12, 2021, the Government of Ontario declared its second state of emergency in response to the COVID-19 pandemic. The Government announced...
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Blog October 8, 2020
Adjudication: ODACC releases first annual report
On October 1, 2020, Ontario Dispute Adjudication for Construction Contracts (“ODACC”) issued its much anticipated 1st Annual...
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Awards and Recognition
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Benchmark Litigation Canada: Recognized as “Future Star”; “40 & Under List”
Media Mentions
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Osler News May 2, 2025
Osler recognized for outstanding bench strength in the 2025 Benchmark Litigation Canada Guide
Osler is proud to announce that 31 of our lawyers have been recognized in the 2025 edition of the Benchmark Litigation Canada Guide, Benchmark’s...
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Osler News August 2, 2023
Osler lawyers recognized in Benchmark Litigation’s ‘40 & Under List’ 2023
Osler congratulates four partners for being recognized in the 2023 edition of Benchmark Litigation’s “40 & Under List.”
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Media Mentions October 28, 2020
Legal Notes: Mandatory adjudication in Ontario is a year old, what has been learned? – Daily Commercial News
A recent article for Daily Commercial News looks at the amendments to Ontario’s Construction Act under Bill 142, which came into effect one year...
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Osler News March 1, 2020
Osler welcomes 11 new partners, 1 new counsel
Osler is proud to announce the addition of 11 new partners and one new counsel across three of our offices, effective March 1.
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Community Involvement
- Law Help Ontario, Ontario Superior Court of Justice and Small Claims Court Duty Counsel Projects
- African Services Committee, Volunteer (2009)
Speaking and Writing
Speaking Engagements
Adjudication Seminar
Speaker, Toronto, February 3, 2020
Adjudication Workshop
Speaker, Toronto, September 18, 2019
The Osgoode Certificate in Contract Management for Construction and Infrastructure Projects
Speaker, Toronto, June 20, 2019
The Osgoode Certificate in Contract Management for Construction and Infrastructure Projects
Speaker, Toronto, May 14-17, 2018
Dispute Resolution – The Litigation Process and Alternative Dispute Resolution Methods, George Brown College
Speaker, November, 2015
Published Work
- Co-authored a reference guide “Obtaining Evidence in Canada for Use in U.S. Litigation”, March 2018
- 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
Credentials
Education
- Osgoode Hall Law School, J.D.
- Dalhousie University, B.A.
Languages
- English
Professional Affiliations
- Ontario Bar Association
- Canadian Bar Association
- American Bar Association
- New York State Bar Association
- The Advocates’ Society
- Osgoode Society for Canadian Legal History