Sexual assault charge against Edmonton homebuilder executive paused by prosecution

A sexual assault case against the former sales director of a prominent Edmonton homebuilder has been paused by the Alberta Crown Prosecution Service.

The Court of King's Bench issued a stay of proceedings in the sexual assault charge faced by Robin Nasserdeen, former director of sales with Coventry Homes — effectively halting the criminal case. The directive to stay the proceedings was made on December 18 by the Crown prosecutor assigned to the case.

Nasserdeen was charged with sexually assaulting Jessica McNabb, one of his employees at Coventry Homes, an Edmonton-based home construction company.

The prosecutorial stay of proceedings means the criminal case has been paused, but not  dropped. The  court can later lift the stay and continue the proceedings but the Crown only has a year to revive the criminal case.

The Alberta Crown Prosecution Service said it does not continue a prosecution "unless the evidence meets the standard for prosecution," spokesperson Michelle Davio said in a statement.

"In this case, the Crown prosecutor's ongoing assessment of the file determined there was no longer a reasonable likelihood of conviction and as such, the matter was stayed."

Edmonton police charged Nasserdeen in April 2022 with one count of sexual assault. He pleaded not guilty and was awaiting trial, with jury selection set to begin in February.

He is also named in a civil lawsuit alleging sexual misconduct. McNabb and the four other women involved in that case shared their stories with CBC.

McNabb, who worked as an area sales manager and reported to Nasserdeen, alleges the assault happened in March 2021 after a work meeting. She alleges she was asked to dinner, and then encouraged to consume alcohol, given a spiked drink and then driven to a parking lot on the outskirts of Edmonton and sexually assaulted repeatedly.

Nasserdeen denies all the allegations.

In a statement provided by his lawyers, Nasserdeen said he felt relieved by the Crown's decision to issue a stay.

"I have maintained my innocence from day one, and feel partly vindicated by this decision.

"There is no compensation for the last two years of stress, anxiety, financial and reputational loss, as well as trauma to my family and friends," Nasserdeen said in the emailed statement.

"I am hopeful that as more of my story becomes public in the coming days, people see these allegations for what they actually are."

Civil proceedings ongoing

In the civil suit, five women, including McNabb, are suing Coventry for a combined $6.2 million, alleging sexual misconduct created a "poisoned" work environment where employees were subjected to harassment and complaints about workplace safety were ignored.

All five women are represented in the civil case by the same lawyer, Aaron Levitin at Samfiru Tumarkin LLP, a Toronto-based firm which specializes in employment law.

Each statement of claim in civil proceedings alleges that Coventry Homes fostered an unsafe work environment where employees were exposed to "harassment, sexual harassment, unwanted sexual solicitation, bullying, and discriminatory conduct."

The allegations, which have not been proven in court, claim Nasserdeen sexually assaulted and harassed two female employees, and that the company suspended or terminated three other women who spoke out about his alleged misconduct.

In a statement to CBC, Levitin confirmed the women are proceeding with the civil action.

Nasserdeen's lawyer said he intends to file a statement of defence, and contest the allegations, in the civil proceedings.

The suits describe Nasserdeen, 42, as a primary shareholder in Coventry Homes, a company which has built hundreds of homes across the greater Edmonton area since it was established in 1976.

Nasserdeen was initially placed on leave pending at Coventry but was later terminated after CBC reported on the allegations.

In a statement Thursday, Coventry Homes CEO Henri Rodier said Nasserdeen will not be returning to the company.

"Our decision to permanently sever our relationship with Mr. Nasserdeen remains unchanged," Rodier said.

"This case has been distressing for our staff and as a company, we have learned from this experience. Our focus remains on supporting our staff. We will maintain our commitment to them, along with our customers and the industry as a whole."