Brian Vail, Q.C.

Brian Vail, Q.C.: Attorney with Field Law

Biography

Brian Vail is a partner of the firm in its Edmonton office. Brian has a litigation practice which focuses on insurance, criminal law, education law and personal injury defence. He was called to the Alberta Bar in 1982. Prior to joining Field Law, Brian articled with the Alberta Court of Appeal. He has a reputation as a thorough counsel. Brian is a past board member of the Canadian Defence Lawyers. He is a Past Chairperson of the Canadian Bar Association National Insurance Law Section. He is also a Past Chair of the Canadian Bar Association Insurance Law Subsection (Northern Alberta). He is on the Executive of the Canadian Bar Association Education Law Subsection (Northern Alberta). He is currently the Co-Chair of the Canadian Bar Association Criminal Law Subsection (Northern Alberta) and a member of the Defence Research Institute, Criminal Trial Lawyers Association. He has participated in several panels and published numerous papers in tort, insurance, criminal and education law. Brian was also a sessional lecturer at the University of Alberta, Faculty of Law.

Leadership and Executive

Volunteer, Pro Bono, and Community Organizations

St. Thomas Moore Catholic Parish, Parish Council Chair 2009-Present

Presentations

Lecturer / Teaching Positions

The following is a list of lectures, classes, seminars or speaking engagements given or taught by Brian:

Lecturer, Professional Responsibility University of Alberta Faculty of Law January 2007 - April 2014

Past Presentations

The following is a list of presentations, seminars or speaking engagements previously given by Brian:

Intersection of Family and Criminal Law Legal Education Society of Alberta March 2017
The New World of Electronic Records Field Law Clients and Guests February 2017
Cyberbullying IRL Edmonton Comic & Entertainment Expo September 2016
Keeping Your Cards Close to Your Vest - Protecting Confidentiality for Statements Field Law Clients May 2016
New Cases in Negligent Supervision CBA Education Subsection March 2014
Cyber Liability: How I learned to Stop Worrying and Love the Internet (but not too much) October 2013
Indecent Exposure: Privilege as Applied to Claims Adjusting September 2013
Interface between Civil Litigation and Criminal Legal Education Society of Alberta October 2012
One Court, Two Processes: The Interplay of Civil and Criminal Proceedings Insurance Brokers, Adjusters March 2012
Stupidity in E-Space: Social Networking Sites and the Law Criminal Trial Lawyers' Association June 2011
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts Lorman Education April 2011
2010 Year in Review Field Law Clients and Guests February 2011
Host Liquor Liability Canadian Bar Association, Insurance Law Subsection (Northern Alberta) February 2011
Mischief and Mayhem in the Schoolhouse: Allegations of Criminal Misconduct in the School Environment Teacher Appraisals and Dismissals (Lorman Education Services) April 2010
Mischief and Mayhem in the Schoolhouse: Allegations of Criminal Misconduct in the School Environment Teacher Appraisals and Dismissals (Lorman Education Services) April 2010
Social Networking Canadian Bar Association Southern Research Lawyers Subsection February 2010
Police Civil Liability to Suspects for Negligent Investigation After Hill Criminal Trial Lawyers' Associaton January 2010
Social Networking Sites Field Law Clients and Guests November 2009
Host Liquor Liability Field Law Clients and Guests October 22, 2009
Impaired Driving Issues in Auto Insurance Field Law Clients and Guests October 2009
Difficult Counsel, Surveillance and Privilege Field Law Clients and Guests September 2009
Surveillance, Privacy, Spoliation and Privilege Field Law Clients and Guests September 2009
Indecent Exposure : Privilege as Applied to Claims Adjusting Canadian Bar Association - Insurance Subsection February 2009
Blurring of the Line Between Natural Causes and Accident Canadian Defence Lawyers AGM June 2008
Law & Order: Recent Criminal Law Changes of Interest to Educators CAPSLE Regional Conference May 2008
The Alberta Minor Injury Regulation: Where the Heck are We Going? CICMA/CIAA Joint Seminar April 2008
Separate School Jurisdictions and Denominational Cause:The Law and Practice Canadian Bar Association - Education Law Subsection March 2008
Morrow and Pedersen: Arguments in the Minor Injury Cap Challenge Legal Education Society of Alberta June 2007
Alberta Law Update Field Law Clients and Guests March 2007

Published Works

Articles

An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party Insurance Alert April 2017
Getting The Goods On The Other Side: Social Media and Evidence From Other Proceedings (Civil or Criminal) March 2018
Defence & Indemnity - February 2017 Defence and Indemnity February 2017
Defence & Indemnity - December 2016 Defence and Indemnity December 2016
Defence & Indemnity - October 2016 Defence and Indemnity October 2016
Defence & Indemnity - August 2016 Defence and Indemnity August 2016
Alberta Government Updating 2004 Auto Insurance Reforms July 2016
Police Access to Accused Statements to the Insurer July 2014
Defence & Indemnity - June 2016 Defence and Indemnity June 2016
Keeping Your Cards Close To Your Vest May 2016
Defence & Indemnity - April 2016 Defence and Indemnity April 2016
When the Police Come Knocking: Police Access to Airbag Control Module Data and the Insured's Statements March 2016
Defence & Indemnity - February 2016 Defence and Indemnity February 2016
Everyone is Watching: Social Media and Litigation Febraury 2016
Defence & Indemnity - November 2015 Defence and Indemnity November 2015
Social Media and the Law Law Now September 2015
Social Networking in Litigation for Legal Education Society of Alberta April 2015
Case Summary: Rollins (Litigation Guardian Of) v. English Language Separate District School Board No. 39 Risk Management in Canadian Education February 2015
Teacher and School Civil Liability For Sexual Abuse of a Student Risk Management in Canadian Education November 2014
Social Networking in Litigation for Canadian Independent Adjusters Association November 2014
Lee (Litigation Guardian of) v. Toronto District School Board Risk Management in Canadian Education February 2014
Alberta Court Wipes Out Privilege Over Insured Statements To Adjuster Insurance E-Bulletin July 2013
Litigation in E-Space: Social Networking and the Law, Legal Education Society of Alberta, 46th Annual Refresher April 2013
The Teacher's Defence : Section 43 in the Modern World (Part 2) Leadership Update February 2013
The Teacher's Defence : Section 43 in the Modern World Leadership Update January 2013
Insurance Law Issues Defence and Indemnity December 2012
Joined at the Hip: Interface: Criminal - Civil Law Interface, Legal Education Society of Alberta October 2012
Overlapping Auto Coverage in the New Age August 2012
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts - Part 3 Risk Management in Canadian Education May 2012
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts - Part 2 Risk Management in Canadian Education February 2012
Cure for the Hangover: Criminal Investigation Issues for Teachers and School Districts - Part 1 Risk Management in Canadian Education November/December 2011
Stupidity in E-Space: Social Networking Sites and the Law June 2011
The Liability of Physical Education Teachers Risk Management in Canadian Education November 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, 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
Police Civil Liability To Suspects For Negligent Investigation After Hill January 2010
Host Liquor Liability in Canada The Advocates' Quarterly November 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 Risk Management in Canadian Education May 2009
How Big is That Umbrella?: An Analysis of Recent Appellate Coverage Cases, Canadian Defence Lawyers February 2009
Vehicle Insurance Issues and Impaired Driving Law Now January/February 2009
Automobile Insurance Issues Relating to Impaired Driving Law Now November 2008
Clearing the Confusion on Use of Vehicle Coverage Lawyers' Weekly October 2008
Coverage for Losses Arising from the Ownership, Use or Operation of a Vehicle: Untangling the Maze Lawyers' Weekly September 2008
Alberta Court of Appeal Rejects Industry-Wide Stay with Respect to Cap Challenge Nonsuit July 2008
Case Brief: Mustapha v. Culligan of Canada Ltd. [2008] S.C.J. No. 22 (S.C.C.) Nonsuit June 2008
The Alberta Minor Injury Regulation: Where the Heck Are We Going? April 2008
Causation, Quantum and the Burden of Proof in Sexual Torts - What Educators Should Know Risk Management in Canadian Education March 2008
Who Can Be Sued for Sexual Torts - What Educators Should Know Risk Management in Canadian Education March 2008
Direct and Indirect Liability in Sexual Torts - What Educators Should Know Risk Management in Canadian Education November 2007
Accident: The Blurring of the Lines Between Natural Causes and Accident Nonsuit August 2007
Scuttlebutt Defence and Indemnity June 2007
Practice Issues Defence and Indemnity June 2007
Quantum/Damages Issues Defence and Indemnity June 2007
Case Law Defence and Indemnity June 2007
Liability Issues Defence and Indemnity June 2007
Morrow and Pedersen: Arguments Presented at the Minor Injury Cap Challenge Insurance Update 2007
Current Issues in Sexual Torts of Concern to Educators Current Issues in School Law April 2004
Blasts From the Past: Discoverability Under Alberta's New Limitations Act Current Defence Issues November 2003
Dealing With the Outside World as to Allegations of Sexual Misconduct Against Teaching Personnel CAPSLE 2003 - The Law: Help or Hinderence April 2003
Apportionment of Liability Among Concurrent Tort-Feasors and The Seat Belt Defence in Alberta March 2003
Treasure Troves or Hornet's Nests?: A Civil Defendant's Disclosure Obligation for Crown Disclosure Received in Related Criminal Proceedings Production of Documents 2003
Three Sheets to the Wind: Host Liquor Liability in Canada 2003
Privilege Issues in Insurance Bad Faith Actions Production of Documents 2003
The Good, The Bad and The Ugly: Recent Developments Regarding The Duty to Defend Canadian Journal of Insurance Law November 2002
Insurance & Structured Settlements; Impaired Driving Raises Many Issues for Insurers The Lawyers Weekly April 2001
Municipal Liability for Negligent Building Inspection Underwritings October 2000
Occupiers' Liability in Canada Website September 2000
Personal Liability of Adjusters and Claims Examiners to Insureds Underwritings February 2000
Mary Carter Agreements Approved Underwritings February 2000
Can Information Obtained on Discovery be Used in Other Proceedings? Lawyers' Weekly September 1999
Host Liquor Liability - A Popular Theme The Lawyers Weekly July 1999
Practical Pointers Regarding the Use of Financial Experts Civil Litigation Update: Working with Effective Discovery And Expert Preparation June 1999
Basic Principles Regarding The Duty to Defend 1999
Chronic Pain Cases Most Difficult to Litigate Lawyers' Weekly March 1997
The Law of Privilege as Applied to the Claim Adjustment Process Canadian Journal of Insurance Law 1997
Adjuster's Reports: Privileged Underwritings 1997
Apportioning Responsibility for Damages in the Face of Non-Tortious Contributing Factors Underwritings 1997
My Mistake, Your Problem: The Duty to Defend Liability Claims in Canada Canadian Insurance Law Review 1996
Conduct Money in the Context of Examination for Discovery (The Defence Perspective) Rediscovering Discovery March 1995
Production of Documents in Advance of Trial Rediscovering Discovery March 1995
Recent Tort Cases of Interest to the Defence Bar Canadian Bar Association Annual General Meeting 1995
Recent Trends in Tort Law - An Emerging Deep Pockets Theory of Liability? The National August 1994
Recent Developments in Liability Law National Meeting 1994
Recent Cases of Interest to the Civil Defence Bar Canadian Bar Association Annual General Meeting 1993

Accolades

2017 - Distinguished - Peer Rated for High Professional Achievement
2017 - Best Lawyers International
2012 - Appointed Queen's Counsel
2011 - Repeatedly Recommended
2011 - Lexpert Leading Lawye

Areas of Practice (4)

  • Insurance
  • Criminal
  • Education
  • Personal Injury

Education & Credentials

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

Professional Associations

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

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:
901877657

Peer Reviews

  • 4.3/5.0 (7)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.4/5.0
  • Analytical Capability

    4.4/5.0
  • Judgment

    4.1/5.0
  • Communication

    4.1/5.0
  • Legal Experience

    4.3/5.0
  • Brian Vail, Q.C.

    5.0/5.0 by a Partner on 10/27/14 in Insurance Litigation on 10/27/14

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Brian Vail, Q.C.

    5.0/5.0 by a Partner on 10/24/14 in Litigation on 10/24/14

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Brian Vail, Q.C.

    4.8/5.0 by a Marketing Partner on 10/24/14 in Insurance Coverage Defense on 10/24/14

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Brian Vail, Q.C.

    4.0/5.0 by a Partner on 10/24/14 in Litigation on 10/24/14

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0
    Read less
  • Brian Vail, Q.C.

    4.0/5.0 by a Partner on 09/28/11 in Insurance on 09/28/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      3.0/5.0
    • Communication

      3.0/5.0
    • Legal Experience

      4.0/5.0
    Read less
  • Brian Vail, Q.C.

    3.4/5.0 by a Partner on 09/20/11 in Litigation on 09/20/11

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      2.0/5.0
    • Communication

      3.0/5.0
    • Legal Experience

      4.0/5.0
    Read less
  • Brian Vail, Q.C.

    3.0/5.0 by a Government Counsel on 09/28/11 in Litigation on 09/28/11

    • Legal Knowledge

      3.0/5.0
    • Analytical Capability

      3.0/5.0
    • Judgment

      3.0/5.0
    • Communication

      3.0/5.0
    • Legal Experience

      3.0/5.0
    Read less

See All 7 Reviews


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