Brian Vail, Q.C.

Brian Vail, Q.C.: Attorney with Field Law
  • Partner at Field Law (118 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.

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

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

April 2018

Case Summary: Oliveira v. Aviva Canada Inc.

Defence + Indemnity

The Ontario Court of Appeal upheld a decision that a hospital insurer owed a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion o...

April 2018

Case Summary: Biggar v. Enns

Defence + Indemnity

In rear-end collisions the trailing driver is not always liable; the Court is to consider the factual circumstances in each case: the speed of the trailing vehicle, the distance between the vehicles, the actions of the trailing driver before the emerge...

April 2018

Case Summary: Stefanyk v Sobeys Capital Incorporated

Defence + Indemnity

A tenant of a shopping centre may be an “occupier” of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same, but it is not negligence to put a bicycle rack at that locatio...

April 2018

Case Summary: Jones v. I.F. Propco

Defence + Indemnity

An Ontario court declined to order a personal injury Plaintiff who had posted pre-accident activities on her public Facebook profile to produce her private profile, even where she planned to call witnesses to testify to the differences between he...

Areas of Practice (5)

  • Insurance
  • Education
  • Technology
  • Criminal
  • Cyber Liability

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:
901877657

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Edmonton, Alberta

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