Robert D. Gibbens KC

Robert D. Gibbens, KC is a senior civil litigator with more than 37 years experience. He has been counsel in a variety of important cases at all levels of court including numerous appearances at the Supreme Court of Canada.

Robert’s litigation and advisory work covers all aspects of medical malpractice, personal injury, class actions and commercial litigation. In addition, he regularly advises on appeal matters.

Robert has also represented clients in complex contract negotiations in the media industry.

Robert holds degrees in law from both the University of British Columbia and Oxford University,  where he was a Vinerian Scholar. Other academic achievements include receiving the Commonwealth Scholarship. He is a speaker at law conferences and seminars. He is also the author of numerous articles cited by courts across the country including the Supreme Court of Canada.

Robert is a Senior Fellow of the Litigation Counsel of America, The Trial Lawyer Honorary Society, and a member of the Trial Law Institute and Diversity Law Institute.

Areas of practice:

Appellate litigation, Class actions, Commercial litigation, Crown liability, Defamation, Employment law, Medical malpractice, Occupier Liability, Pension law, Personal injury, Product liability, Sports law

Recent cases and court appearances:

Supreme Court of Canada

Buschau v. Rogers Communications [2006] 1 S.C.R 973 (Pension law)
Krangle v. Brisco [2002] 1 S.C.R. 205 (Medical malpractice)
Lewis v. British Columbia [1997] 3 S.C.R. 1145 (Crown liability)
Hamstra v. British Columbia Rugby [1997] 1 S.C.R. 1092 (Jury procedure)
Gibney v. Gilliland [1994] 1 S.C.R. 157 (Occupier’s liability)
Brown v. British Columbia [1994] 1 S.C.R. 420 (Crown liability)

Topical Selection of Appearances before the Court of Appeal and the Supreme Court (jury* and judge alone)

Publications:

Journals

• Gibbens RD: International Corona Resources v. Lac Minerals: where equity rushes in. (Case comment) (1987/88) 13 Can. Bus. L.J. 489-501
• Gibbens RD: Letters of comfort. (Case comment) (Jan. 1989) 3 Banking and Finance Law Review 222-226
• Gibbens RD: Modern banking law. (By Ellinger EP) (Mar. 1989) 68 Can. Bar. Rev. 221-224 (book review)
• Gibbens RD: The Moral rights of artists and the Copyright Act amendments. (Sept. 1989) 15 Can. Bus. L.J. 441-470
• Gibbens RD: Professional Conduct for Canadian Lawyers. (By Smith BG) (June 1990) 69 Can. Bar. Rev. 385-388 (book review)
• Gibbens RD: Causation and fiduciary duties. (Aug. 1991) 13 Can. Bus. L.J. 301­­­-306
• Gibbens RD: Appellate review of findings of fact. (April 1992) 13 Advocates’ Q. 445-452. Cited withapproval by the Supreme Court of Canada in
  • Housen v. Nikolaisen [2002] 2 S.C.R. 235
  • St. Jean v. Mercier [2002] 1 S.C.R. 491
  • Schwartz v. Canada [1996] 1 S.C.R. 254
• Gibbens RD: Solicitor-client privilege in Canadian law. (By Manes RD and Silver MP) (Sept. 1993) 72 Can. Bar Rev. 411-413 (book review)
• Gibbens RD: The Conduct of an Appeal. (By Sopinka J and Gelowitz MA) (Sept. 1994) 73 Can Bar Rev. 448-450
• Gibbens RD: Section 6 of the Limitation Act: postponement. (Sept. 1994) 52 Advocate (Van.) 737-745
• Gibbens RD: Personal injury damages in Canada. (By Cooper-Stephenson K) (Sept. 1997) 76 Can. Bar Rev. 613-616 (book review)
• Gibbens RD: Causation in Infant Injury Cases (forthcoming) 2007

Authored Books

Gibbens RD: Restitution Casebook, Vancouver: UBC Faculty of Law (1988)