D.E. (Tom) Gauley, C.M., Q.C.

McDougall Gauley LLP lawyers and staff were saddened by the news of David Eldon (Tom) Gauley’s passing.  D.E. (Tom) Gauley, C.M., Q.C., was one of three founding partners of Gauley & Co. in 1945 in Saskatoon.  His impact on the Firm is still felt today. 

Tom was born and raised in Unity, Saskatchewan.  Growing up during the depression Tom learned the value of hard work.  He always looked back on his memories of Unity with fondness and happiness.  Tom knew that he wanted to become a lawyer, but to do so his family had to make sacrifices. An oft told story is when Tom was called into the President’s office because he hadn’t paid his tuition yet.  Tom told the President his dad had some pigs he could sell to cover the costs, but that it would be a month or two before he could pay. The University let him continue on that basis.

Tom commenced classes at the University of Saskatchewan in 1939, and was only 20 years old when he graduated with his law degree.  This meant he was still a minor, therefore could not sign his articling papers – his Dad had to sign on his behalf!

In 1943 he joined McKercher McCool & Francis to article for two years with Walter B. Francis as his principal. Francis wanted to start his own Firm and in 1945, he asked Mervyn Woods and Tom Gauley to join him in starting Francis, Wood & Gauley. The Firm officially opened on October 1, 1945. The first partnership agreement shows Tom bringing home $125/month, with an increase to $175/month if he were to marry.

W.B. Francis’ mentoring had a huge impact on Tom and he was the first to give Francis credit for the culture of the Firm and the success of his career.  At the 25th anniversary of the Firm, Tom said, “In my life-apart from my parents-the biggest single force in moulding my character and my approach to the law is to the contact with and exposure to W.B.  To the mark which W.B.’s character and personality imprinted on the Firm…I will always be grateful.”

While Tom held W.B. Francis as a mentor, many lawyers can credit Tom Gauley as their mentor.  Tom had 50 articling students throughout his career.  Many have cited Tom as a significant influence on their own careers. Bob Kennedy was one of those articling students. “He had 30 years of experience, been to the Supreme Court at least 10 different times, had prosecuted murder trials, had defended murder trials, had done civil litigation, had done a whack of labour stuff. He basically had done soup to nuts in terms of the law.” Kennedy had been prepared to be intimidated, but instead found a mentor who was supportive, approachable, and treated everyone as an equal. “He’s a man of incredible integrity and really strong moral values. He’s tenacious in terms of a client’s case once he’s taken it on. . . . You owe your client the duty to do your best with respect to all aspects of the particular problem or issue that is at hand. And he always did that. Nothing less than his best was satisfactory to him from his own personal point of view.”

For the younger members I can only say that if you get half as much pleasure as I have in practising law, you will be well repaid for your efforts.  

- Tom Gauley, C.M., Q.C. 

In 1978, Tom served as Saskatchewan's representative on the 1978 Committee on the Constitution. One of his most treasured memories was serving as Saskatchewan's representative when the Canadian Bar Association produced its document “Towards a New Canada”. This report was compiled during the tenure of Prime Minister Pierre Trudeau and was one of the first attempts by the federal government to repatriate the constitution.

Giving back to the community was important to Tom.  He lectured at the University of Saskatchewan, and also served on its Board of Governors.  He served the Law Society of Saskatchewan as President in 1966 where he helped organize the first Bar Admission Course.  

I will never forget my impressions of Tom.  First of all it was clear that everyone in the office not only had great respect for him but also had real affection for him.  Secondly, he went out of his way to make me feel welcome.  He shared his stories with me, was interested in what I was doing and obviously had his door open to anyone who needed some advice.  He was very humble.   I was grateful for the opportunity to get to know him better.  He was a legend. 

- Aaron Fox, Q.C.

 - a Partner from the Regina office reminiscing about the welcome from Tom when working in the Saskatoon office

With a career like Tom’s it is not surprising he has been recognized by many organizations.  Tom was appointed Queen’s Counsel in 1956. In 1989, he was awarded the first Canadian Bar Association Distinguished Service Award. In 2003 he was invested as a member of the Order of Canada and in 2012 received the Queen Elizabeth II Diamond Jubilee Medal.

What struck most people about Tom was his obvious love for the practice of law.  He was offered the opportunity to become a judge, which he turned down.  He loved coming into the office every day. He continued to do so until he was 91!

I really enjoyed practice. I did a lot of court work. I just think the law is very interesting, and I found litigation very interesting, and I guess it’s competitive and I guess I liked that kind of an atmosphere. I think it’s the competition that sharpens your mind and keeps you active. I guess I enjoyed that. 

- D.E. (Tom) Gauley

Quoted from a Canadian Lawyer article written in celebration of Tom's 90th birthday.

University of Saskatchewan "Of Note" article written in 2010.