Brian Vail Overview Experience Professional Recognition Community News + Views + Events 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. 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:
- Insurance – approved litigation defence counsel for several major insurers throughout Canada
- 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
- 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 insurance, personal injury, criminal, emerging technology 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 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 Albert) and 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. 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 "Distinguished" Martindale-Hubbell® Peer Review Ratings™ 2017 "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. 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 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 and represent t... 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 Quantum/Damages Issues June 2007 Liability Issues 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 January 2003 Privilege Issues in Insurance Bad Faith Actions, Production of Documents January 2003 Treasure Troves or Hornet's Nests: A Civil Defendant's Disclosure Obligation For Crown Disclosure Received in Related Criminal Proceedings - Production of Documents November 2002 The Good, The Bad and The Ugly: Recent Developments Regarding The Duty to Defend February 2002 The Good, The Bad and the Ugly: Recent Developments Regarding The Duty to Defend March 2001 Social Host Liability in the Wake of Hunt v. Sutton Group October 2000 Municipal Liability for Negligent Building Inspection September 2000 Occupiers' Liability in Canada June 2000 Automobile Insurance Issues Relating to Impaired Driving June 2000 Update on The Duty to Defend February 2000 Mary Carter Agreements Approved February 2000 Personal Liability of Adjusters and Claims Examiners to Insureds November 1999 Update on Occupiers' Liability September 1999 Can Information Obtained on Discovery be Used in Other Proceedings? August 1999 Basic Principles Regarding The Duty to Defend July 1999 Host Liquor Liability - A Popular Theme June 1999 Practical Pointers Regarding the Use of Financial Experts 1999 Basic Principles Regarding The Duty to Defend March 1997 Chronic Pain Cases Most Difficult to Litigate 1997 Adjuster's Reports: Privileged 1997 Apportioning Responsibility for Damages in the Face of Non-Tortious Contributing Factors 1997 The Law of Privilege as Applied to the Claim Adjustment Process 1996 My Mistake, Your Problem: The Duty to Defend Liability Claims in Canada August 1995 Recent Cases of Interest to the Defence Bar March 1995 Production of Documents in Advance of Trial March 1995 Conduct Money in the Context of Examination for Discovery (The Defence Perspective) 1995 Recent Tort Cases of Interest to the Defence Bar August 1993 Recent Cases of Interest to the Civil Defence Bar 1993 Recent Cases of Interest to the Civil Defence Bar Education University of Alberta, 1981, Bachelor of Laws University of Alberta, 1978, Bachelor of Commerce, With Distinction |
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