Brian Vail, Q.C.

Brian Vail, Q.C.: Attorney with Field Law
  • Partner at Field Law (125 Attorneys)
  • 2500 - 10175 101 Street NW, Edmonton, AB, Canada T5J 0H3
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Biography

Brian Vail is a partner in the firm’s Edmonton office with more than 30 years of experience representing individuals, businesses and public institutions in a broad range of civil and criminal litigation matters before trial and appellate courts throughout Alberta. He has extensive experience with cases involving a combination of civil and criminal law issues in multiple venues, defending businesses, individuals and public institutions facing emotionally-charged claims and complaints of embezzlement, sexual offences, misconduct or other serious wrong-doing.

Brian is well versed with respect to using electronic evidence and social media in litigation. He feels it is important to keep up to date on the law and to look for common ground and shared concerns on every file so as to facilitate resolution by settlement if possible and by litigation if necessary. He takes satisfaction from taking the mystery out of the law applicable to his clients’ situations.

Brian s practice is primarily focused on the following:

•Emerging Technology and Privacy - cyber-liability, autonomous (driverless) vehicles and related insurance issues
•Criminal Defence - assault, sexual offences, child pornography offences and internet luring offences, embezzlement, fraud
•Insurance - approved litigation defence counsel for several major insurers throughout Canada
•Education Law - defence of teachers and schools against all types of misconduct claims
•Personal Injury - defence of motor vehicle accident, work accident, product liability and other negligence claims
•Complex Commercial Litigation - breach of contract, shareholder actions and partner disputes

Before joining Field Law, Brian articled with the Alberta Court of Appeal. He has spoken at industry events and published numerous papers discussing trending topics in emerging technology, privacy and cyber-liability, autonomous vehicles, social media in litigation, criminal, insurance, personal injury, and education law. He is also a former sessional lecturer at the University of Alberta, Faculty of Law. Brian was appointed a Queen’s Counsel in 2012.

Brian is a member and past chair of the National Insurance Section of the Canadian Bar Association and past chair or co-chair of the Insurance, Criminal Justice and Education Law subsections of the Canadian Bar Association (Northern Alberta). He is also currently a member of the Privacy and Intellectual Property/Technology subsections. He is a past chair and current member of the Canadian Defence Lawyers and a member of the Defence Research Institute and the Criminal Trial Lawyers Association.

Outside the Office

Brian is an avid reader of history and science fiction and an amateur archer.

Recognition

Listed Insurance Law
The Best Lawyers in Canada
2016 - 2018
Queen s Counsel
2012
Distinguished
Martindale-Hubbell Peer Review Ratings
2017
Repeatedly Recommended
Canadian Legal Lexpert Directory
2008 - 2012

Community

Capital Region Archery Club
Member
2014 - Present
Catholic Social Services
Legal Sector Liaison, Sign of Hope Campaign
2000 - 2015
St. Thomas More Catholic Parish
Recorder
2010 - 2011
St. Thomas More Catholic Parish
Chair, Parish Council
2009 - 2010
St. Thomas More Catholic Parish
Vice Chair, Parish Council
2008 - 2009
St. Joseph s Basilica Parish
Parish Council
2001 - 2004

Experience

Gilson v. Fort Vermillion School Division No. 52, 61 A.R. 225, Board of Reference Under the School Act

R. v. Wasylyk , [2015] A.J. No. 1466 (Alta.P.C.)

Stubbard v. Hajduk Gibbs LLP, 2015 ABCA 73, Alberta Court of Appeal

R. v. Paolinelli, 2012 ABPC 213

R. v. Edna Smith, Docket No. 100631498P1, Alta.P.C., per Watson, P.C.J., Alberta Provincial Court

R. v. Jonkman, 2010 ABPC 245, Alberta Provincial Court

R. v. Eszczuk, [2009] A.J. No. 1503 (Alta. Q.B.)

R. v. McNally, [2008] A.J. No. 586, Alberta Provincial Court

R. v. Sautner, 2008 CarswellAlta 2235, Alberta Provincial Court

J.N. v. G.J.K., 2004 ABCA 394, Alberta Court of Appeal

Synod of the Diocese of Edmonton v. Lombard General Insurance Co. of Canada, 2004 ABQB 803, Alberta Court of Queen s Bench

Park v. B&B Electronics Ltd., 2003 ABQB 594, Alberta Court of Queen s Bench

Calliou Estate (Public Trustee of) v. Calliou Estate, [2002] A.J. No. 74, Alberta Court of Queen s Bench

Magna IV Engineering Ltd. v. Orbis Engineering Field Service, [2002] A.J. No. 836, Alberta Court of Queen s Bench

Neal v. Kozens, [2002] A.J. No. 1400, Alberta Court of Queen s Bench

GMAC Leaseco Ltd. v. Chamberlain, [2000] A.J. No. 368, Alberta Court of Queen s Bench

Budget-Rent-A-Car of Edmonton Ltd. v. Lombard Canada, [1998] A.J. No. 1320, Alberta Court of Appeal

Budget-Rent-A-Car of Edmonton Ltd. v. Lombard Canada, [1998] A.J. No. 230, Alberta Court of Queen s Bench

J.H.O. Holdings & Management Ltd. v. Schafer, [1997] A.J. No. 359, Alberta Court of Queen s Bench

MacDonald v. Oxford Properties Group Inc., [1996] A.J. No. 252, Alberta Court of Queen s Bench

Winget Estate v. Sedgwick Tomenson Inc., [1996] A.J. No. 1345, Alberta Court of Queen s Bench

Winget v. Sedgwick Tomenson Inc., [1996] A.J. No. 1327, Alberta Court of Queen s Bench

Structus Developments & Holdings Ltd. v. Mah, [1995] A.J. No. 1605, Alberta Court of Queen s Bench

Structus Developments & Holdings Ltd. v. Mah, [1995] A.J. No. 1604, Alberta Court of Queen s Bench

Finnemore v. Clarke Tolentino Rampling & McTavish, [1994] A.J. No. 765, Alberta Court of Queen s Bench

Finnemore v. Clarke Tolentino Rampling & McTavish, [1993] A.J. No. 1204, Alberta Court of Queen s Bench

R. v. Gorsline, [1993] A.J. No. 961, Alberta Provincial Court

Vanovermeire v. Edmonton (City) Police Commission, [1993] A.J. No. 347, Alberta Court of Queen s Bench

Finnemore v. Clarke, Tolentino, Rampling & McTavish, [1992] A.J. No. 138, Alberta Court of Queen s Bench

Kempo v. Tie Rack (Canada) Ltd., [1992] A.J. No. 472, Alberta Court of Queen s Bench

R. v. Wright, [1992] A.J. No. 409, Alberta Court of Appeal

Oshry v. Edmonton (City), [1991] A.J. No. 930, Alberta Court of Queen s Bench

Van Cleef Manufacturing Ltd. v. Pafco Insurance Co., [1988] A.J. No. 428, Alberta Court of Queen s Bench

Van Every v. Kroeker Estate, [1987] A.J. No. 1304, Alberta Court of Queen s Bench

Farm Credit Corp. v. Stadynk, [1986] A.J. No. 453, Alberta Court of Queen s Bench

Henuset Brothers Ltd. v. I.U.O.E., Local 955, 73 A.R. 194, Alberta Court of Queen s Bench

R. v. Cameron, [1985] A.J. No. 537, Alberta Court of Queen s Bench

Bank of Montreal v. Carter, [1984] A.J. No. 72, Alberta Court of Queen s Bench

Ed Miller Sales & Rentals Ltd. v. Rosen, 55 A.R. 172, Alberta Court of Queen s Bench

Henuset Brothers Ltd. v. I.U.O.E., Local 955, 57 A.R. 258, Alberta Court of Queen s Bench

Mataris Restaurants Ltd. v. Richardson Greenshields of Canada Ltd., 52 A.R. 223, Alberta Court of Queen s Bench

Battaglia v. Ballas, [1983] A.W.L.D. 829, Alberta Court of Queen s Bench

News + Views + Events

August 2017
Defence & Indemnity - August 2017
August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers in Canada 2018 Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers in Canada. Three of these lawyers are new additions a...
June 2017
Defence & Indemnity - June 2017
March 2017
Intersection of Family and Criminal Law
February 2017
Defence & Indemnity - February 2017
December 2016
Defence & Indemnity - December 2016
October 2016
Defence & Indemnity - October 2016
September 2016
Cyberbullying IRL
August 2016
Defence & Indemnity - August 2016
July 2016
Alberta Government Updating 2004 Auto Insurance Reforms
July 2016
Police Access to Accused Statements to the Insurer
June 2016
Defence & Indemnity - June 2016
May 2016
Keeping Your Cards Close To Your Vest
May 2016
Keeping Your Cards Close to Your Vest - Protecting Confidentiality for Statements
April 2016
Defence & Indemnity - April 2016
April 2016
Social Networking in Litigation
March 2016
When the Police Come Knocking: Police Access to Airbag Control Module Data and the Insured’s Statements
March 2016
When the Police Come Knocking: Police Access to Airbag Control Module Data and the Insured’s Statements
February 2016
Defence & Indemnity - February 2016
Febraury 2016
Everyone is Watching: Social Media and Litigation
November 2015
Defence & Indemnity - November 2015
September 2015
Social Media and the Law
April 2015
Social Networking in Litigation for Legal Education Society of Alberta
February 2015
Case Summary: Rollins (Litigation Guardian Of) v. English Language Separate District School Board No. 39
September 2015
Social Networking in Litigation
November 2014
Teacher and School Civil Liability For Sexual Abuse of a Student
November 2014
Social Networking in Litigation for Canadian Independent Adjusters Association
November 2014
Social Networking in Litigation
March 2014
New Cases in Negligent Supervision
February 2014
Lee (Litigation Guardian of) v. Toronto District School Board
October 2013
Cyber Liability: How I learned to Stop Worrying and Love the Internet (but not too much)
September 2013
Indecent Exposure: Privilege as Applied to Claims Adjusting
July 2013
Alberta Court Wipes Out Privilege Over Insured Statements To Adjuster
April 2013
Litigation in E-Space: Social Networking and the Law, Legal Education Society of Alberta, 46th Annual Refresher
April 2013
Litigation in E-Space: Social Networking and the Law
February 2013
The Teacher s Defence : Section 43 in the Modern World (Part 2)
January 2013
The Teacher s Defence : Section 43 in the Modern World
December 2012
Insurance Law Issues
October 2012
Joined at the Hip: Interface: Criminal - Civil Law Interface, Legal Education Society of Alberta
October 2012
Interface between Civil Litigation and Criminal
October 2012
Joined at the Hip: Interface: Criminal - Civil Law Interface
August 2012
Overlapping Auto Coverage in the New Age
May 2012
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts - Part 3
March 2012
One Court, Two Processes: The Interplay of Civil and Criminal Proceedings
February 2012
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts - Part 2
November & December 2011
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts - Part 1
November 2001
The Good, The Bad and the Ugly: Recent Developments Regarding The Duty to Defend
June 2011
Stupidity in E-Space: Social Networking Sites and the Law
June 2011
Stupidity in E-Space: Social Networking Sites and the Law
April 2011
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts
February 2011
Host Liquor Liability
May 2010
Windows on the World: Social Networking Sites and the Law, Legal Education Society
May 2010
Windows on the World: Social Networking Sites and the Law
April 2010
Windows on the World: Social Networking Sites and the Law, Canadian Association for the Practical Study of Law in Education
April 2010
Mischief and Mayhem in the Schoolhouse: Allegations of Criminal Misconduct in the School Environment
April 2010
Windows on the World: Social Networking Sites and the Law
April 2010
Mischief and Mayhem in the Schoolhouse: Allegations of Criminal Misconduct in the School Environment
January 2010
Police Civil Liability To Suspects For Negligent Investigation After Hill
January 2010
Police Civil Liability to Suspects for Negligent Investigation After Hill
November 2009
Host Liquor Liability in Canada
November 2009
Social Networking Sites
October 22, 2009
Host Liquor Liability
October 2009
Impaired Driving Issues in Auto Insurance
September 2009
Surveillance, Privacy, Spoliation and Privilege
September 2009
Difficult Counsel, Surveillance and Privilege
June 2009
The Alberta Minor Injury Cap Webinar
May 2009
Three Sheets to the Wind: Host Liquor Liability in Canada
May 2009
Catholic Separate Schools and the Protection of a Distinct Catholic Denominational Philosophy When Religious Rights Meet Employment Rights: Part 2
Co-Author: Kevin P. Feehan
May 2009
Three Sheets to the Wind: Host Liquor Liability in Canada
February 2009
How Big is That Umbrella?: An Analysis of Recent Appellate Coverage Cases, Canadian Defence Lawyers
February 2009
Indecent Exposure : Privilege as Applied to Claims Adjusting
January/February 2009
Vehicle Insurance Issues and Impaired Driving
November 2008
Automobile Insurance Issues Relating to Impaired Driving
October 2008
Clearing the Confusion on Use of Vehicle Coverage
September 2008
Coverage for Losses Arising from the Ownership, Use or Operation of a Vehicle: Untangling the Maze
July 2008
Alberta Court of Appeal Rejects Industry-Wide Stay with Respect to Cap Challenge
June 2008
Blurring of the Line Between Natural Causes and Accident
May 2008
Law & Order: Recent Criminal Law Changes of Interest to Educators
April 2008
The Alberta Minor Injury Regulation: Where the Heck Are We Going?
April 2008
The Alberta Minor Injury Regulation: Where the Heck are We Going?
March 2008
Who Can Be Sued for Sexual Torts - What Educators Should Know
Co-Authors: A. Remmington and K. Feehan, Q.C.
March 2008
Causation, Quantum and the Burden of Proof in Sexual Torts - What Educators Should Know
Co-Authors: A. Remmington and K. Feehan, Q.C.
November 2007
Direct and Indirect Liability in Sexual Torts - What Educators Should Know
Co-Authors: Andrea Remington and Kevin P. Feehan, Q.C.
August 2007
Accident: The Blurring of the Lines Between Natural Causes and Accident
June 2007
Scuttlebutt
June 2007
Practice Issues
June 2007
Quantum/Damages Issues
June 2007
Liability Issues
June 2007
Case Law
June 2007
Morrow and Pedersen: Arguments in the Minor Injury Cap Challenge
March 2007
Alberta Law Update
2007
Morrow and Pedersen: Arguments Presented at the Minor Injury Cap Challenge
April 2004
Current Issues in Sexual Torts of Concern to Educators
April 2004
Current Issues in Sexual Torts of Concern to Educators
April 2004
Limitations in Alberta
March 2004
Sexual Investigations From the Defence Perspective
November 2003
Blasts From the Past: Discoverability Under Alberta s New Limitations Act
November 2003
Blasts From The Past: Discoverability Under Alberta s New Limitations Act
April 2003
Dealing With the Outside World as to Allegations of Sexual Misconduct Against Teaching Personnel
Co-Author: T. Haykowski
April 2003
Dealing With the Outside World as to Allegations of Sexual Misconduct Against Teaching Personnel
March 2003
Apportionment of Liability Among Concurrent Tort-Feasors and The Seat Belt Defence in Alberta
March 2003
Apportionment of Liability Among Concurrent Tort-Feasors and The Seat Belt Defence in Alberta
2003
Treasure Troves or Hornet s Nests?: A Civil Defendant s Disclosure Obligation for Crown Disclosure Received in Related Criminal Proceedings
Co-Authors: P.J. Stein and P. Fitzpatrick
2003
Privilege Issues in Insurance Bad Faith Actions
Co:-Authors: P.J. Stein and P. Fitzpatrick
2003
Three Sheets to the Wind: Host Liquor Liability in Canada

Areas of Practice (5)

  • Insurance
  • Education
  • Technology
  • Criminal
  • Emerging Technology

Education & Credentials

Contact Information:
780 423 7691  Phone
780 428 9329  Fax
www.fieldlaw.com
University Attended:
University of Alberta, Bachelor of Commerce, With Distinction, 1978
Law School Attended:
University of Alberta, Bachelor of Laws, 1981
Year of First admission:
1982
Admission:
1982, Alberta
Memberships:

Professional

Canadian Bar Association Alberta, Education Law Section (North)
Executive Member
2006-Present
Canadian Bar Association Alberta, Criminal Justice Section (North)
Member
2005-Present
Canadian Bar Association Alberta, Criminal Justice Section (North)
Past Co-Chair
2010-2016
Canadian Bar Association, Insurance Law Section
Member
1985-Present
Canadian Bar Association Alberta, Insurance Law Section (North)
Member
1985-Present
Canadian Bar Association Alberta, Insurance Law Section (North)
Past Chair
1997-Present
Canadian Bar Association Alberta, Civil Litigation Section (North)
Member
Calgary Personal Injury & Insurance Law
Member
2011 - Present
Alberta Association of Insurance Adjusters
Member
2010-Present
Alberta Civil Trial Lawyers Association (ACTLA)
Associate Member
1990-Present
Criminal Trial Lawyers Association
Member
1982-Present
Edmonton Insurance Association
Member
2010-Present
Edmonton Bar Association
Member
1982-Present
Law Society of Alberta
Member
1982-Present
International Order of the Blue Goose
Member
1999-Present
St. Thomas More Lawyers Guild
Executive Member
2007 - Present
Canadian Defence Lawyers
Executive Member
2004-2008
Canadian Defence Lawyers
Member

Reported Cases:
Reported Cases: Stubbard v. Hajduk Gibbs LLP 2015 ABCA 73 Alberta Court of Appeal 2015; R. v. Jonkman Unreported; 2010; R. v. Edna Smith Docket No. 100631498P1, Alta.P.C., per Watson, P.C.J. Alberta Provincial Court 2010; R. v. Jonkman 2010 ABPC 245 Alberta Provincial Court 2010; R. v. Sautner 2008 CarswellAlta 2235 Alberta Provincial Court 2008; R. v. McNally [2008] A.J. No. 586 Alberta Provincial Court 2008; Synod of the Diocese of Edmonton v. Lombard General Insurance Co. of Canada 2004 ABQB 803 Alberta Court of Queen's Bench 2004; J.N. v. G.J.K. 2004 ABCA 394 Alberta Court of Appeal 2004; Park v. B&B Electronics Ltd. 2003 ABQB 594 Alberta Court of Queen's Bench 2003; Magna IV Engineering Ltd. v. Orbis Engineering Field Service [2002] A.J. No. 836 Alberta Court of Queen's Bench 2002; Calliou Estate (Public Trustee of) v. Calliou Estate [2002] A.J. No. 74 Alberta Court of Queen's Bench 2002; Neal v. Kozens [2002] A.J. No. 1400 Alberta Court of Queen's Bench 2002; GMAC Leaseco Ltd. v. Chamberlain [2000] A.J. No. 368 Alberta Court of Queen's Bench 2000; Budget-Rent-A-Car of Edmonton Ltd. v. Lombard Canada [1998] A.J. No. 230 Alberta Court of Queen's Bench 1998; Budget-Rent-A-Car of Edmonton Ltd. v. Lombard Canada [1998] A.J. No. 1320 Alberta Court of Appeal 1998; J.H.O. Holdings & Management Ltd. v. Schafer [1997] A.J. No. 359 Alberta Court of Queen's Bench 1997; MacDonald v. Oxford Properties Group Inc. [1996] A.J. No. 252 Alberta Court of Queen's Bench 1996; Winget Estate v. Sedgwick Tomenson Inc. [1996] A.J. No. 1345 Alberta Court of Queen's Bench 1996; Winget v. Sedgwick Tomenson Inc. [1996] A.J. No. 1327 Alberta Court of Queen's Bench 1996; Structus Developments & Holdings Ltd. v. Mah [1995] A.J. No. 1605 Alberta Court of Queen's Bench 1995; Structus Developments & Holdings Ltd. v. Mah [1995] A.J. No. 1604 Alberta Court of Queen's Bench 1995; Modern Livestock v. Kansa General Insurance Company 157 A.R. 167 Alberta Court of Appeal 1994; Finnemore v. Clarke Tolentino Rampling & McTavish [1994] A.J. No. 765 Alberta Court of Queen's Bench 1994; R. v. Gorsline [1993] A.J. No. 961 Alberta Provincial Court 1993; Vanovermeire v. Edmonton (City) Police Commission [1993] A.J. No. 347 Alberta Court of Queen's Bench 1993; Finnemore v. Clarke Tolentino Rampling & McTavish [1993] A.J. No. 1204 Alberta Court of Queen's Bench 1993; Kempo v. Tie Rack (Canada) Ltd. [1992] A.J. No. 472 Alberta Court of Queen's Bench 1992; R. v. Wright [1992] A.J. No. 409 Alberta Court of Appeal 1992; Finnemore v. Clarke, Tolentino, Rampling & McTavish [1992] A.J. No. 138 Alberta Court of Queen's Bench 1992; Oshry v. Edmonton (City) [1991] A.J. No. 930 Alberta Court of Queen's Bench 1991; Van Cleef Manufacturing Ltd. v. Pafco Insurance Co. [1988] A.J. No. 428 Alberta Court of Queen's Bench 1988; Van Every v. Kroeker Estate [1987] A.J. No. 1304 Alberta Court of Queen's Bench 1987; Henuset Brothers Ltd. v. I.U.O.E., Local 955 73 A.R. 194 Alberta Court of Queen's Bench 1986; Farm Credit Corp. v. Stadynk [1986] A.J. No. 453 Alberta Court of Queen's Bench 1986; R. v. Cameron [1985] A.J. No. 537 Alberta Court of Queen's Bench 1985; Henuset Brothers Ltd. v. I.U.O.E., Local 955 57 A.R. 258 Alberta Court of Queen's Bench 1984; Ed Miller Sales & Rentals Ltd. v. Rosen 55 A.R. 172 Alberta Court of Queen's Bench 1984; Mataris Restaurants Ltd. v. Richardson Greenshields of Canada Ltd. 52 A.R. 223 Alberta Court of Queen's Bench 1984; Bank of Montreal v. Carter [1984] A.J. No. 72 Alberta Court of Queen's Bench 1984; Battaglia v. Ballas [1983] A.W.L.D. 829 Alberta Court of Queen's Bench 1983; Gilson v. Fort Vermillion School Division No. 52 61 A.R. 225 Board of Reference Under the School Act
ISLN:
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