Howard Cohen
At the present time, Howard Cohen's practice is a roughly equal balance of civil and criminal litigation, with the accent being on litigation that has a criminal component, as it is the specialty of the firm as a whole.
Howard is in the 34th year of his practice and has always developed a generalist approach to law, based upon the notion that personal and business problems are multifaceted and cannot be neatly compartmentalized into one legal area, quite similar to the fact that a doctor requires basic knowledge of the functions of the human body in order to understand how to best pursue his or her own specialty.
Howard believes that the fundamental priority of conducting litigation is the ability to present the case convincingly in the courtroom. The single most important aspect of courtroom advocacy is the ability to cross-examine the opponent and to achieve a thorough grasp of the law of evidence, so as to ensure that one's own client has the opportunity to put forward their case to the judge or jury in its most compelling fashion. The Supreme Court of Canada, in hearing an appeal from a trial matter where Howard conducted the defence, referred to his cross-examination of an eight-year-old girl as "a very skillful cross-examination." Howard also believes that investigating all aspects of a case is critical in obtaining the objectivity needed to be successful at trial. Because judges strive for objectivity, it is imperative that lawyers see the strengths and weaknesses of their clients' cases and those of their adversaries. Howard has learned much from the methodology of police investigations and has applied those lessons to civil and criminal cases alike.
Throughout his career in law, Howard has garnered significant experience in the following areas:
Certification by the Law Society of Upper Canada, in 1999, as a specialist in criminal law
A broad spectrum of complex bail hearings and successful bail reviews
Numerous Superior Court of Justice civil trials and motions
A complete, clinical understanding of real estate litigation arising from an extensive background in real estate transactions
Criminal trial and appeal experience at all court levels in Ontario
Appearances in over 20 criminal jury trials, including those in relation to charges of importing narcotics, armed robberies and homicides
Major successes in commercial litigation, including experience in the Federal Court of Canada and litigious experience in the realm of admiralty law
A specialized understanding of the relationship between criminal and civil frauds, including bank frauds, and experience in the pursuit of fraudsters on behalf of unwitting victims
Multifaceted experience in matrimonial litigation, including the imputation of income to self-employed individuals and special investigations of spouses who secrete assets and income
A large, loyal following in Liquor License matters and representation of numerous bar and tavern owners in Toronto and its surrounding areas
Legal representation of body rub parlours
Representation of professionals—most notably, lawyers—facing disciplinary proceedings and criminal prosecutions
Representation of thoroughbred horse owners and trainers in matters connected to the regulation of individuals engaged in horse racing in Ontario
Expansive knowledge of the law as it relates to all aspects of the fruit and vegetable industry, including law relating to importing and exporting of fruits and vegetables, as well as federal and provincial regulations pertaining to the industry in general
Significant income tax litigation experience, including the representation of those who are faced wtih Canada Revenue Agency audits and Federal Court assessment appeals, as well as the defence of individuals charged with tax fraud and other similar offences
University of Toronto, Victoria College
Bachelor's Degree — 1971
Queen's University Law School, Kingston, Ontario
Juris Doctor — 1974
London School of Economics and Political Science, London, England
Master's Degree — 1975
Major: Criminal Law
