Kirby Cohen

Associate

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Kirby Cohen

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Overview

Kirby Cohen is an associate in the Litigation Group at Goodmans.

Kirby has a diverse corporate and commercial litigation practice, including complex contractual disputes, shareholder disputes, electricity law, real estate disputes, allegations of fraud, plans of arrangement and judicial reviews.

Kirby’s practice also includes intellectual property litigation.  She has acted as counsel for Canada’s largest generic pharmaceutical manufacturer in multiple cases involving patent validity and infringement, damages and profits quantification, contractual disputes, trademarks and monopolies claims and recovery under section 8 of the Patented Medicines (NOC) Regulations.

Kirby has trial and appellate experience and has appeared before the Federal Court, the Federal Court of Appeal, the Ontario Superior Court of Justice, the Commercial List and the Ontario Court of Appeal, as well as the Supreme Court of British Columbia and in arbitration.

Kirby has been recognized as a “Rising Star” and "Notable Practitioner" by IP Stars.

Featured Work

Kirby’s representative work includes acting for:
  • the lender in JGB Collateral v. Rochon in its successful appeal before the Court of Appeal for Ontario regarding the enforceability of a mortgage in the context of allegations of undue influence
  • Duracell in a dispute involving depreciation of goodwill under the Trademarks Act
  • a commercial tenant in an urgent injunction involving attempts by the landlord to unfairly re-enter the premises
  • shareholders of a large telecommunications company involving a shareholder dispute
  • a Canadian airline for a plan of arrangement resulting from recent amendments to the Canada Transportation Act
  • Apotex Inc. in a judicial review involving the Canadian Commissioner of Lobbying
  • the Liquidator of a large insurance company in respect of settlement agreements with excess liability policy holders and the ability of the government to be bound by said agreements
  • Apotex Inc. in patent infringement proceedings commenced in respect of patents involving the pharmaceutical ingredient drospirenone
  • Apotex Inc. in a damages and profits quantification proceeding as a result of an asserted patent infringement involving the pharmaceutical ingredient omeprazole

Credentials

Professional Affiliations

  • Law Society of Ontario
  • The Advocate’s Society
  • Canadian Bar Association
  • Ontario Bar Association