Brian Vail Overview Experience Professional Recognition Community News + Views + Events Brian Vail is Counsel 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. Calgary Personal Injury + Insurance Law Member 2011-Present Alberta Association of Insurance Adjusters Member 2010-Present Edmonton Insurance Association Member 2010-Present Canadian Bar Association Alberta, Criminal Justice Section (North) Member 2005-Present St. Thomas More Lawyers' Guild Executive Member 2007-Present International Order of the Blue Goose Member 1999-Present Canadian Bar Association Alberta, Insurance Law Section (North) Past Chair 1997-Present Alberta Civil Trial Lawyers Association (ACTLA) Associate Member 1990-Present Canadian Bar Association Alberta, Insurance Law Section (North) Member 1985-Present Canadian Bar Association, Insurance Law Section Member 1985-Present Edmonton Bar Association Member 1982-Present Criminal Trial Lawyers' Association Member 1982-Present Law Society of Alberta Member 1982-Present Canadian Bar Association Alberta, Civil Litigation Section (North) Member Canadian Defence Lawyers Member Canadian Bar Association Alberta, Education Law Section (North) Executive Member 2006-2019 Canadian Bar Association Alberta, Criminal Justice Section (North) Past Co-Chair 2010-2016 Canadian Defence Lawyers Executive Member 2004-2008 Listed Insurance Law The Best Lawyers™ in Canada 2016 - 2020 "Distinguished" Martindale-Hubbell® Peer Review Ratings™ 2017-2019 "Repeatedly Recommended" Personal Injury (Represents Defendants) Canadian Legal Lexpert® Directory 2019 "Repeatedly Recommended" Canadian Legal Lexpert® Directory 2008 - 2012 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 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. Edna Smith, Docket No. 100631498P1, Alta.P.C., per Watson, P.C.J., 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 August 2019 Case Summary: Stewart et al. v Wood et al Defence + Indemnity The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.Stewart et al. v. Wood et al., 2019 ONSC 3931, per Tausendfreund, J.
FACTS + ISSUES
The parties settled a personal injury a... August 2019 Case Summary: Jane Doe 72511 v Morgan Defence + Indemnity After the Plaintiff was assaulted by her domestic partner while living with him in his parents’ home and he published a pornographic video of her on the internet, he was found liable for the tort of publication of private facts and, together with... February 2019 Case Summary: Enterprise Rent-A-Car v Intact Insurance Defence + Indemnity The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those policies which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&r... February 2019 Case Summary: Modisette v. Apple Inc. Defence + Indemnity In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss... December 2018 Case Summary: Wm Morrison Supermarkets PLC v Various Claimants Defence + Indemnity Employers can be vicariously liable at common law for the actions of a rogue employee who brings about an unauthorized cyber data breach, even where the employee’s motive was to harm the employer and not to injure the third parties whose data is ... December 2018 Case Summary: Aviva v Wawanesa Defence + Indemnity An Ontario Court sets out the factors for determining who the “lessee” of a rented/leased vehicle is for the purposes of determining the priority of insurers providing coverage. December 2018 Case Summary: Cardinal v Alberta Motor Association Insurance Company Defence + Indemnity The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is not entitled to benefits if he/she did not know nor ought to have known that the vehicle was sto... October 17 + 18, 2018 Cybersecurity Roundtable: Risks + What to Do Roundtable In our previous workshop, “Cybersecurity for Canadian Organizations”, we presented an overview of cybersecurity risks and obligations, as well as what should be done to prevent or mitigate risks and how to respond to cyber incidents. Buildi... September 2018 Cyber Losses: A Serious Organizational Risk in the Modern World The Lawyer's Daily September 2018 The Best Lawyers in Canada 2019 28 Field Law Lawyers Recognized Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l... August 2018 Case Summary: Woitas v. Tremblay Defence + Indemnity In a chain reaction series of rear end accidents, following vehicles are presumed to be negligent for rear end collisions and the fact that a driver has to stop for an accident in front of him will be no defence. Drivers of vehicles which manage ... August 2018 CRTC Imposes Penalties On Two Companies For Distributing Malware Online Defence + Indemnity Recently, the Canadian federal government publicized anti-spam legislation, generally referred to as “CASL” (An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance... August 2018 Case Summary: Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd. Defence + Indemnity In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee’s counsel.Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd., 2018 ABCA 246 [4282]FACTS AND ISSUES:A C... August 2018 Use of Facial Recognition Software at Calgary Malls Raises Privacy Concerns The Lawyer's Daily July 2018 Case Summary: Gharbi v. Summit Acceptance Corp. Defence + Indemnity The Alberta Court of Queen’s Bench enumerated the factors to consider in determining whether the provision a dealership’s loaner vehicle to a customer qualifies as a leased/rented vehicle or a mere courtesy loan for the purposes of determin... July 2018 Case Summary: Temple Insurance Company v. Sazwan Defence + Indemnity Where the conduct of the insureds was in issue in the underlying actions and with respect to coverage under the policy, policy limits covered only 5% of a multimillion dollar claim and an acrimonious relationship existed between the insureds and the in... July 2018 Case Summary: Rankin (Rankin’s Garage & Sales) v. J.J. Defence + Indemnity A garage was found not liable for injuries caused by the thief of one of its vehicles because the fact that it was reasonably foreseeable that vehicles might be stolen from its premises does not make it reasonably foreseeable that the stolen vehicle wo... July 2018 Case Summary: Du v. Jameson Bank Defence + Indemnity A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank, which followed instructions sent to it by email (as it was allowed and requi... June 2018 Priority Among Insurers in an Alberta Rental/Leased Vehicle Claim The Six Circles of Hell April 2018 Case Summary: Oliveira v. Aviva Canada Inc. Defence + Indemnity C. 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 “invasio... April 2018 Case Summary: Core Ventures Inc v Trio Chute Inc (Aluminum Planet) Defence + Indemnity A. Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant’s negligence) and clear language in the lease is ... 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 C. 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 tha... April 2018 Case Summary: Jones v. I.F. Propco Defence + Indemnity A. 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 her p... April 2018 Case Summary: Glover v. Leaky Defence + Indemnity B. An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed such weight as the Court decides. Thu... Winter 2018 Cybersecurity for Canadian Organizations Risks + What to Do Digital technologies offer many benefits, but they also expose their users to an increasing range of threats with the potential not only to cripple or destroy an organization’s digital assets and data, but also to cause huge financial losses. It ... February 2018 Case Summary: Cardinal v Alberta Motor Association Insurance Company Defence + Indemnity C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not know nor ought to have known that the vehicle was stol... February 2018 Case Summary: Vanderveen v Waterbridge Media Inc. Defence + Indemnity A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion. Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (Ont.S.C. Small ... February 2018 Case Summary: Halley v McCann Defence + Indemnity B. Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded for damages plus $1,500 in punitive damages.Halley v McC... December 2017 Case Summary: Oliveira v. Aviva Canada Inc. Defence + Indemnity E. A hospital insurer was held to owe 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 or violation of a right of privacy, wi... December 2017 Case Summary: Hobin v. Enterprise Rent-A-Car Company Defence + Indemnity A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the driver’s negligence at $1 million and to make t... December 2017 Case Summary: Larizza v. The Royal Bank of Nova Scotia Defence + Indemnity B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a credit check in the circumstances and a reasonable p... 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... August 2017 Case Summary: Funk v. Wawanesa Mutual Insurance Company Defence + Indemnity The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to relieve against forfeiture, per the Judicature Act,... August 2017 Knibb v. Foran Defence + Indemnity The case against a baseball team operating a beer tent at a tournament in commercial host liquor liability was dismissed after a summary trial despite the lack of a system to monitor patron consumption, because the evidence did not establish that the t... August 2017 Bumstead v. Dufresne Defence + Indemnity The Court of Appeal upheld a trial judgment based on significant plaintiff credibility issues awarding less than $300,000 in the face of a $2,000,000 claim. Bumstead v. Dufresne, 2017 ABCA 122 [4236]I. FACTS AND ISSUES
This judgement inv... August 2017 Biancaniello v. DMCT LLP Defence + Indemnity Litigation Releases can be wide enough to preclude future claims between the parties that were unknown and unanticipated when the Release was executed. Biancaniello v. DMCT LLP, 2017 ONCA 386, per Feldman, J.A. [4235]I. FACTS AND ISSUES
... August 2017 Nemchin v. Green Defence + Indemnity A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to disclosure it herself, where the Defendant agreed to a ... October 2016 Defence + Indemnity - October 2016 August 2016 Defence + Indemnity - August 2016 July 2016 Alberta Government Updating 2004 Auto Insurance Reforms Insurance Alert The Alberta government has announced that it is in the process of updating the regulations involved in the 2004 auto insurance reform, namely the Minor Injury Regulation, Alta Reg 123/2004Íž the Diagnostic and Treatment Protocols Reg... July 2016 Police Access to Accused Statements to the Insurer Canadian Bar Association June 2016 Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America Defence + Indemnity Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement. HOOPP Realty Inc. v. The Guarantee Company of North America, 2015 ABCA 336&... June 2016 Case Summary: Graham (Litigation guardian of) v. Lemay Defence + Indemnity Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors.
Graham (Litigation gua... May 2016 Keeping Your Cards Close To Your Vest Protecting Confidentiality for Statements May 2016 L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée Defence + Indemnity Liability of surety in Quebec under a labour and material payment bond consistent with common law principlesL’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]I.... May 2016 Case Summary: Fernandes v. Araujo Defence + Indemnity Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss. Fernandes v. Araujo, 2015 ONCA 571 [4179] I. FACTS AND ISSUES&nbs... May 2016 Case Summary: Sunner v. Rana Defence + Indemnity In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence. Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178] I. FACTS AND ISSUES This is a... February 2016 Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel Defence + Indemnity The relationship between trust and lien claims under Provincial builders' lien legislation. Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J. I. FACTS AND ISSUES ... November 2015 Case Summary: Saadati v. Moorhead Defence + Indemnity For psychological/psychiatric injury, the plaintiff must proffer evidence that the injury is a recognizable illness. Saadati v. Moorhead, 2015 BCCA 393, per Frankel, J. I. FACTS AND ISSUES Appeal from an aw... February 2015 Case Summary: Rollins (Litigation Guardian Of) v. English Language Separate District School Board No. 39 November 2014 Teacher and School Civil Liability For Sexual Abuse of a Student February 2014 Lee (Litigation Guardian of) v. Toronto District School Board July 2013 Alberta Court Wipes Out Privilege Over Insured Statements To Adjuster Insurance On 24 July 2013 the Alberta Provincial Court issued a decision in Security National v. EPS, 2013 ABPC which held that an insured’s statement to his adjuster had to be turned over to police investigating the accident. Porter’s vehi... 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 April 2010 Mischief and Mayhem in the Schoolhouse: Allegations of Criminal Misconduct in the School Environment 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 October 2008 Clearing the Confusion on "Use of Vehicle" Coverage Lawyers Weekly 2008 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. November 2002 The Good, The Bad and The Ugly: Recent Developments Regarding The Duty to Defend The Medium Adidas, Veuve Clicquot, Barbie… When is a mark considered “famous” in Canada, and do famous marks enjoy special protection? A handful of Canadian cases have outlined the court’s treatment of well-known ... Education University of Alberta, 1981, Bachelor of Laws University of Alberta, 1978, Bachelor of Commerce, With Distinction |
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