Brian Vail

Brian Vail

Field Law

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Alberta Government Updating 2004 Auto Insurance Reforms

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 123/2004; the Diagnostic and Treatment...more

7/29/2016 - Auto Insurance Canada Car Accident Damages Insurance Reform Medical Examinations Pain and Suffering Public Comment

Defence & Indemnity - June 2016: V. SURETY AND BOND ISSUES

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...more

7/18/2016 - Appeals Canada Construction Contracts Motion To Strike Performance Bonds Pleadings Suretyships

Defence & Indemnity - June 2016: IV. PRACTICE ISSUES

The principles for extending the limitation period for filing Third Party Notices - Condominium Corporation No 0425636 v Amyotte’s Plumbing, 2015 ABQB 801, per Master Schulz...more

7/16/2016 - Construction Defects Limitation Periods Plumbing Third-Party Liability

Defence & Indemnity - April 2016: III. QUANTUM/DAMAGES ISSUES: B.

The Court overtly accepted the Plaintiff’s expert testimony and criticized well-known defence experts with regard to whether the Plaintiff’s injuries were minor and whether fibromyalgia can be caused by trauma Jones v....more

7/13/2016 - Admissible Evidence Canada Car Accident Expert Testimony Expert Witness Remedies

Defence & Indemnity - June 2016: III. QUANTUM/DAMAGES ISSUES A.

A. Surveillance evidence significant in discrediting Plaintiff in large chronic pain case - Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J. [4186] ...more

7/11/2016 - Canada Car Accident Credibility Evidence Expert Witness Lost Wages Pain and Suffering

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #3

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...more

7/8/2016 - Auto Insurance Auto Lease Canada Car Accident Car Dealerships Commercial Vehicles Dismissals Excess Policies Joint and Several Liability Liability Caps Negligent Entrustment Principal-Agent Issues Traumatic Brain Injuries Vicarious Liability

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #1

Contributory negligence of a passenger will not be found by virtue of the passenger’s knowledge that the driver only has a novice driver’s licence without evidence that the passenger engaged in negligent acts or knew the...more

7/6/2016 - Canada Car Accident Contributory Negligence

Defence & Indemnity - June 2016: I. INSURANCE ISSUES

A. Where a party pleads equitable relief (such as rescission, estoppel or relief from forfeiture) with respect to an insurance policy, the claim cannot be heard by a jury Maynard v. Alberta Motor Assn., 2015 ABQB 564,...more

7/6/2016 - Bench Trial Canada Car Accident Commercial Insurance Policies Counterclaims Equitable Relief Judicial Discretion Material Misrepresentation Void Contracts

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

11/17/2014 - Canada Public Schools School Districts Sexual Abuse Teachers

The "Teachers' Defence": Section 43 in the Modern World

Originally published in Leadership Update, Volume 9 - Number 3. An increasing number of teachers are being criminally charged with assault in Alberta. Sometimes these allegations are exaggerated or maliciously brought...more

1/18/2013 - Assault Corporal Punishment Teachers

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