Dan Carroll
Dan Carroll
KC, LLM
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Dan Carroll, KC is a trial lawyer with nearly 40 years of experience representing individuals and small, mid-sized and Fortune 500 companies in complex civil litigation matters before trial and appellate courts. He has served as lead counsel in a broad range of litigation over the years, including personal injury, subrogated insurance, commercial disputes, Residential School abuse, construction, media and internet defamation, bankruptcy and insolvency, municipal tax appeals and legal malpractice defence. Dan is also frequently called upon by clients and other lawyers to provide an in-depth case analysis to ensure an effective strategy is in place before it proceeds. 

In addition to his litigation practice, Dan leverages his deep experience resolving disputes in the courtroom to assist litigants engaged in alternative dispute resolution. He regularly mediates complex cases that involve considerable liability exposure and other challenging road blocks that impede informal settlement attempts. Dan has completed mediation courses offered by the Alberta Arbitration and Mediation Society and acted as a volunteer mediator for the Better Business Bureau. He also engages in arbitration for litigants seeking to resolve disputes without the considerable expense and unpredictability involved with jury trials.

Value to Clients

When clients are facing seemingly impossible disputes with potential liability exposure that puts their future in peril, they call on Dan to step in immediately and repair the situation to the full extent possible under the circumstances. He gets deeply involved in every case and always looks ten moves ahead to ensure that he and his clients explore every option available to achieve the desired outcome. Clients appreciate Dan’s ability to take a completely objective view of their cases and conduct a pragmatic analysis of their likelihood of success. He also takes pride in giving individual clients some measure of closure in difficult cases that have a profound impact on their lives. 

Outside the Office

Dan enjoys expanding his knowledge of the law and even went back to school aged 60 to obtain his Master of Laws degree in 2013. He enjoys gardening, spending time at his home on Vancouver Island and engaging in a good debate with his former law school classmates in a small book club focused on contemporary fiction, history, politics and economics. Fifteen years ago, Dan accidentally purchased a health club membership in a silent auction and became dedicated to physical fitness – he has been working out with a personal trainer three times a week ever since.

Canadian Bar Association Alberta
Member
2006 - Present
Listed Insurance Law
The Best Lawyers™ in Canada
2014 - 2024
Listed Construction Law
The Best Lawyers™ in Canada
2014 - 2024
Insurance Lawyer "Lawyer of the Year" - Edmonton
The Best Lawyers™ in Canada
2023
Lawyer of the Year - Construction Law
The Best Lawyers™ in Canada
2022
"Distinguished"
Martindale-Hubbell® Peer Review Ratings™
2013, 2016 - 2021
"Repeatedly Recommended" Aboriginal Law
Canadian Legal Lexpert® Directory
2017 - 2018
"Litigation Star"
Benchmark Canada
2013 - 2018
Queen's Counsel
2008
Edmonton Area Land Trust
Advisor
2009 - Present
Pro Bono Students Canada
Supervisor
2005 - Present
CBA Mentor Program
Mentor
2005 - Present
Belgravia Community League
President
1999 - 2003
Hyundai Auto Canada Corp. v Engen, 2023 ABCA 85
Engen v Hyundai Auto Canada Corp., 2021 ABQB 740
PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889
LaPrairie Works Inc v Ledcor Alberta Limited, 2019 ABQB 701
ALIA re: Sylvia Lapaschuk and Andrew Tanasychuk
MGN Constructors Inc v AXA Pacific Insurance Company, 2018 ABQB 631
KBR Industrial Canada Co v Air Liquide Global E&C Solutions Canada LP, 2018 ABQB 257
Sunshine Village Corporation v. Canada (Attorney General), 2017 FC 846
Direct Horizontal Drilling Inc v North American Pipeline Inc, 2017 ABQB 653
Modry v Alberta Health Services, 2015 ABCA 20
Modry v Alberta Health Services, 2015 ABCA 31
Paradis Honey Ltd. v. Canada, 2015 FCA 89, Federal Court of Appeal
MGN Constructors Inc. v. AXA Pacific Insurance Company, 2013 ABQB 216, Alberta Court of Queen's Bench
Mewburn v. Peers, 2013 ABQB 299, Alberta Court of Queen's Bench
Briggs Bros. Student Transportation Ltd. v. Alberta (Attorney General), 2012 ABQB 455, Alberta Court of Queen's Bench
Briggs Bros. Student Transportation Ltd. V. Alberta (Attorney General), 2012 ABCA 386, Alberta Court of Appeal
Royal Bank of Canada v. Cow Harbour Construction Ltd., 2011 ABQB 96, Alberta Court of Queen's Bench
A Plan of Compromise or Arrangement of Cow Harbour Construction Ltd., 2010 ABQB 637, Alberta Court of Queen's Bench
Genesis Land Development Corp. v. Alberta, 2010 ABCA 148, Alberta Court of Appeal
McDonald v. Sylogist Ltd., 2010 ABQB 776, Alberta Court of Queen's Bench
Leder v. Karoles, 2009 ABQB 334, Alberta Master
Genesis Land Development Corp. v. Alberta, 2009 ABQB 221, Alberta Court of Queen's Bench
Peace Hills Trust Co. v. Canada Deposit Insurance Corp, 2007 ABQB 364, Alberta Court of Queen's Bench
Guccione v. Bell, 2004 ABQB 729, Alberta Court of Queen's Bench
Peter G. White Management Ltd. v. Canada (Minister of Canadian Heritage), 2004 FC 597, Federal Court
Sunshine Village Corp. v. Parks Canada, 2004 CarswellNat 5582, Federal Court of Appeal
Sunshine Village Corp. v. Parks Canada, 2004 CarswellNat 1197, Federal Court of Appeal
Toronto Dominion Bank v. Switlo, 2004 ABQB 207, Alberta Court of Queen's Bench
Sunshine Village Corp. v. Parks Canada, 2003 FCT 546, Federal Court of Canada
Riviera Developments Inc. v. Midd Financial Corp., 2003 ABQB 379, Alberta Court of Queen's Bench
Canada (Attorney General) v. Security Home Mortgage Corp., 2003 ABQB 588, Alberta Court of Queen's Bench
Indian Residential Schools, Re .; Indian Residential Schools, Re., 2003 ABQB 449, Alberta Court of Queen's Bench
Smith v. Canada (Minister of Indian Affairs & Northern Development), 2002 FCT 1090, Federal Court of Canada
Cardinal v. Sucker Creek Indian Bank No. 150A, 2002 CarswellNat 1770, Federal Court of Canada
Cardinal v. Sucker Creek Indian Band No. 150A, 2002 CarswellNat 490, Federal Court of Appeal
Indian Residential Schools, Re., 2002 ABQB 308, Alberta Court of Queen's Bench
Riviera Developments Inc. v. Midd Financial Corp., 2002 ABQB 854, Alberta Court of Queen's Bench
Riviera Developments Inc. v. Midd Financial Corp., 2002 ABQB 853, Alberta Court of Queen's Bench
Smith v. Canada (Minister of Indian Affairs & Northern Development), 2002 FCT 1090, Federal Court of Canada
Riviera Developments Inc. v. Midd Financial Corp., 2002 ABQB 954, Alberta Court of Queen's Bench
Riviera Developments Inc. v. Midd Financial Corp., 2002 ABQB 953, Alberta Court of Queen's Bench
Indian Residential Schools, Re., [2000] A.J. No. 47, Alberta Court of Queen's Bench
Adam v. Canada (Minister of Indian Affairs & Northern Development), [2000] A.J. No. 210, Alberta Court of Queen's Bench
Eagle Speaker v. Canada, 2000 ABQB 1016, Alberta Court of Queen's Bench
Indian Residential Schools, Re., 2000 CarswellAlta 526, Alberta Court of Queen's Bench
Varga v. Van Panhuis, 2000 ABQB 538, Alberta Court of Queen's Bench
Macciocchi v. Security Home Mortgage Corp., 2000 ABQB 596, Alberta Court of Queen's Bench
Indian Residential Schools, Re., 2000 CarswellAlta 383, Alberta Court of Queen's Bench
Indian Residential Schools, Re., [1999] A.J. No. 1266, Alberta Court of Queen's Bench
Guccione v. Bell, 1999 CarswellAlta 238, Alberta Court of Queen's Bench
Michel v. Lafrentz, 1997 CarswellAlta 1152, Alberta Court of Queen's Bench
Michel v. Lafrentz, 1996 CarswellAlta 1084, Alberta Court of Queen's Bench
Petrashuyk v. Law Society of Alberta, 1988 CarswellAlta 551, Supreme Court of Canada
R. v. Burns Foods Ltd., 1983 CarswellAlta 507, Alberta Provincial Court
Bouten v. Mynarski Park School District No. 5012, 1982 CarswellAlta 128, Alberta Court of Queen's Bench
  • Represented Chief Restructuring Advisor in major CCAA proceeding
  • Served as lawyers' insurance defense counsel on several multi-million-dollar claims
  • Represented more than 1,000 plaintiffs advancing Residential School claims against Canada and churches in Alberta mass tort action/national class action ($5B settlement)
  • Managed the Field Law Residential Schools practice unit of ten counsel, seven paralegals and three assistants
  • Served as litigation counsel to ski resort, newspaper, land developer, oil manufacturing and education clients
  • Served as defense counsel in litigation involving major petrochemical fire losses (oil sands claims) ($1B, $250M)
  • Served as defense counsel in partnership dispute ($15M)
  • Defended major contractors and owners on construction and other complex litigation issues
  • Represented plaintiffs in asbestos claim ($15M)
  • Served as plaintiff and defense counsel in defamation/media litigation - individuals, newspapers, institutions and companies
  • Represented major banking insurer in litigation and liquidation proceedings

Sunshine Village Corporation v. Attorney General of Canada, 2017 FC 846

  • Where we began: Sunshine Village Corporation had general access right to the access road from Trans-Canada Highway, which it used for overflow parking for its ski resort. Parks Canada triggered a large avalanche that exceeded its runout boundaries and deposited 150m of debris on the Access Road in an area previously thought to be safe from avalanche risk. Shortly after the avalanche, the Parks Canada Superintendent prohibited Sunshine from using the access road for overflow parking. Sunshine sought an application for judicial review seeking to quash the decision of the Superintendent to prohibit parking on the access road.
  • Our approach: Judicial Review was the only remedy available to the client and we took steps to expedite the process and the hearing to meet the client’s seasonal deadline. That tactic was complemented by a strategy focusing on the failure of the Superintendent to decide taking into account on the key evidence of his own expert.  
  • The result: The Court agreed with Field Law’s submission that the decision was unreasonable and not supported by the evidence that was before the Superintendent. The judge quashed the Superintendent’s decision and remitted the matter to the Superintendent to be decided anew and ordered that Sunshine have a full opportunity to be heard on the question of the provision of alternative parking.

ALIA re: Silvia Lapaschuk and Andrew Tanasychuk

  • Where we began: As defence counsel, we frequently face allegations that paint a negative picture of the defendant even though there is a good defence. In one such case, the plaintiff was convinced the defendants had defrauded an elderly relative. The relative, who could not read or write, sold land to the defendants for much less than market value, soon before his death.
  • Our approach: Our strategy was to focus on the defendants’ good character and relationship with the landowner before the land transfer. In Questioning, the defendants revealed themselves as kind people who would not take advantage of the landowner.
  • The result: Despite initial concerns about liability exposure exceeding a million dollars, we were able to settle the case without any payment, based on discontinuance without costs. We negotiated a settlement after the plaintiffs’ counsel questioned the defendants and saw for his own eyes that these were decent people, despite the nature of the allegations against them.

 

Education
Osgoode Hall Law School, 2013, Master of Laws
University of Alberta, 1978, Bachelor of Laws
University of Alberta, 1974, Bachelor of Arts With Honours
Admissions
Alberta,1979

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