Carly Fidler

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.


Representative Work

  • 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.

Latest Insights

  • Osler Update Jun 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 D...

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  • Blog Apr 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 institute...

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  • Blog Jan 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 t...

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  • Blog Oct 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 Re...

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View all Insights

Awards and Recognition

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

Media Mentions

  • Osler News Aug 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 Oct 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 ago i...

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  • Osler News Mar 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