Insights

The COVID-19 virus is causing disruptions throughout Canada. However, the McDougall Gauley Defence Group remains ready and available to assist you during these difficult times. Our lawyers are working either at the office or remotely, and we are easily reached by e-mail or by phoning our direct lines. Do not hesitate to call our 24-hour numbers at...

A. Introduction With businesses shutting down (by order of law or voluntarily) to prevent the spread of COVID-19, it is clear that the economy is slowing dramatically. People are working from home, or not working at all, and there is a general concern about the ability to provide the necessaries of life such as food and housing. This past week the...

McDougall Gauley LLP is committed to protecting the health and welfare of our people, our clients and the community. With COVID-19’s escalating impact around the world, and particularly in Canada, we have taken steps to protect the health and safety of firm members, ensure legal services to clients are uninterrupted; and implement protocols which...

A momentary lapse. We have all had them behind the wheel. Thinking a little too long about that one troubling thing, reaching for something you or your passenger (maybe a child) has dropped, searching for a radio station a little too long, becoming too engaged in a conversation, nodding off, using a smartphone . . . running a stop sign. Sometimes...

Reducing the carnage caused by impaired driving is something that we all can agree is a compelling, worthwhile, and noble government objective. However, the manner in which the government seeks to meet this objective must be constitutionally sound. The “toughest impaired driving rules throughout the world”, as proudly referred to by the Federal...

To our clients, colleagues, and friends, First and foremost, we hope this finds you, your families, and your colleagues healthy. Now more than ever we can appreciate just how small the world truly is, and the importance of coming together to protect our local and global community. We recognize that the March 19, 2020 Directive and Advisory issued...

Some Thoughts on the Issue of Evidence in Judicial Review, and Why We May Need to Wait a Little Longer for a Redux At CIAJ’s 2017 National Roundtable on Administrative Law in Vancouver, Ben Oliphant and I had the privilege of presenting our paper entitled “ Evidentiary Rules in a Post-Dunsmuir World: Modernizing the Scope of Admissible Evidence on...

Prohibition on Repetitive Union Organizing Attempts On July 4, 2018, the Saskatchewan Labour Relations Board (the Board), in LRB File No. 019-18, confirmed that there is a twelve-month prohibition preventing a union from filing a second application with the Board to organize the same workplace. The underlying facts involved the Saskatchewan...

When it comes to one of the, if not, biggest transaction in your lifetime, there are many experts (realtors, home inspectors, mortgage brokers, etc.) available to assist you with this purchasing a home. One of those experts is your lawyer. You may only meet with your lawyer once throughout the transaction, but they are involved quite extensively...

Hypoxic ischemic encephalopathy (HIE) is a significant cause of mortality and long-term disability in late preterm and term infants. The risk of disability and cognitive impairment is correlated with the severity of HIE. The idea that mild cooling might be beneficial in these circumstances to decrease mortality and long term neurodevelopmental...

Secured parties (including lenders) of, to or in respect of Saskatchewan debtors or Saskatchewan land or personal property should be aware of two debtor-friendly statutes that are unique to the province: The Land Contracts (Actions) Act (Saskatchewan) (the “ LCAA”) and The Limitation of Civil Rights Act (Saskatchewan) (“ LCRA”). In respect of...

Do You Have a Strong Trade-mark? A trade-mark is a mark that is used by a person for the purpose of distinguishing goods or services from those of others. As the function of trade-marks is to distinguish the origins of goods and services, trade-marks must be distinctive. We sometimes see clients seeking to register a trade-mark that merely...