Robert S. Abells, K.C.
Retired - Practice limited to Arbitration
Robert is an experienced litigator with 40 years experience in dispute resolution including, commercial and contract litigation and mediation, corporate and shareholders disputes, employment and pension litigation, securities and class action litigation, professional disciplinary hearings and labour arbitration.
After earning his B.A. (1974) and his LL.B. (1975) at the University of Alberta, Robert was admitted to the British Columbia bar in 1976 and to the Alberta bar in 1977.
Robert has been a labour arbitrator for over 25 years, is an appointed member of the Province of Alberta Grievance Arbitration Roster and the Province of Alberta Umpire Registry for Essential Services, and is a former Public Member of the Alberta District Council of Investment Dealers Association of Canada (to serve as chair of hearing panels on approval and disciplinary proceedings). He is also a member of the Board of Directors for the Inter-Cultural Association of Greater Victoria.
Recent Reported Cases
Securities and Class Action Litigation
As counsel to one of the parties:
Wheeler v. China National Petroleum Corp., 2008 ABCA 228; 433 A.R. 234; 92 Alta. L.R. (4th) 19, (Appeal from Wheeler v. 1000128 Alberta Ltd., 2008 ABQB 70, 4 31A.R.209; 87 Alta. L.R. (4th) 138). Certified and settled in 2010.
Stahlke v. Stanfield 2010 BCSC 142; appeal dismissed: 2010 BCAA 603
As counsel to staff of a securities regulator or industry participant:
Ironside v. Alberta (Securities Commission), 2005 A.B.A.S.C. 683; 2005 A.B.A.S.C. 778;2006 A.B.A.S.C. 1930; and 2007 A.B.A.S.C. 824 appeal to the Alberta Court of Appeal - dismissed, 2009 A.B.C.A. 134; Alberta (Securities Commission) v. Lavallee, 2009 ABCA52; Keith, Re, 2012 ABASC 382; Holtby, Re 2013 ABASC 45 and 273 appeal to Alberta Court of Appeal allowed, Walton v. Alberta (Securities Commission), 2014 ABCA 273; leave to appeal to Supreme Court of Canada denied, March 26, 2015, No. 36140.
As counsel to members of a Police Service:
Alberta Law Enforcement Review Board Decision No. 008-2009 (Appeal of the Criminal Trial Lawyers Association - dismissed February 6, 2009); Decision No. 009-2009 (Appeal of Charles and Iris Penner - dismissed February 18, 2009); Decision No. 012-2009 (Appeal of Tinh Duc Vu - dismissed April 16,2009); Decision No. 013-2009 (Appeal of the Criminal Trial Lawyers Association - dismissed March 20, 2009); Decision No. 015-2009 (Appeal of Tinh Duc Vu and L. D. Phan - dismissed April 29, 2009); 020-2009 (Appeal of the Criminal Trial Lawyers Association - allowed July 3, 2009); leave to appeal granted: Pelech v. Law Enforcement Review Board 2010 ABCA 4; appeal allowed: 2010 ABCA 400; Decision 012-2010 (Appeal of A. Vergara - dismissed May 6 2010); Decision 014-2010 (Appeal of the Criminal Trial Lawyers Association - dismissed May 6, 2010); Decision No. 023-2010 (Appeal of H. Jara - dismissed November 16, 2010); Decision No. 08-2011 (Appeal of Adam Auger - dismissed April 29, 2011); Decision No. 032-2011 (Appeal of R.G. - dismissed August 29, 2011); Decision No. 037-2011 (Appeal of T.E. - dismissed September 26, 2011); Decision 015-2012 (Appeal of Criminal Trial Lawyers Association - dismissed April 10, 2012).Decision No. 020-2011 (Appeal of Det. W.A. - dismissed August 2, 2011; leave to appeal granted: Allen v. Alberta (Law Enforcement Review Board) 2012 ABCA 24; appeal to the Court of Appeal of Alberta allowed: Allen v Alberta (Law Enforcement Review Board), 2013 ABCA 187; leave to appeal to Supreme Court of Canada denied, No. 35500, December 5, 2013; Petropoulos v. Edmonton (Police Service), 2015 ABLERB 06; leave to appeal to the Alberta Court of Appeal granted Rogers v. Edmonton (Police Service), 2015 ABCA 243; appeal dismissed 2016 ABCA 216.
As Chair of the Tribunal:
Suncor Energy Inc., Oilsands v. Communications, Energy and Paperworkers Union, Local 707 (Woods Grievance)  AGAA 11; Regent Home Systems, a Division of SRI Homes Inc. v. United Steel Workers, Local 1-207 (Firth Grievance)  AGAA 49; Red Deer Co-Op Ltd. v. United Food and Commercial Workers Canada, Local 401 (Collective Agreement Grievance)  AGAA 33; Communications, Energy and Paperworkers Union of Canada, Local 777 v. Imperial Oil Strathcona Refinery (Zubot Grievance)  AGAA 42; Conagra, Ltd. (Lamb-Weston Division) v. United Steel Workers, Local 6034 (Luke Grievance)  AGAA 64; Sobey's Capital Inc. v. United Food and Commercial Workers Canada, Local 401 (Injured Employees Grievance)  AGAA 5; United Food and Commercial Workers Canada, Local 401 v. Canada Safeway Ltd. (Miljevic Grievance) 2014 CanLII 17228 (AB GAA).