Lauren J. Wihak joined McDougall Gauley LLP in 2017, after spending the first six years of her practice split between a Vancouver litigation boutique and a major national law firm in both Ottawa and Vancouver.
Prior to starting her career as a lawyer, Lauren had the privilege of clerking for the Honourable Mr. Justice Louis LeBel of the Supreme Court of Canada (2009-2010) and the Honourable Madam Justice Georgina R. Jackson of the Court of Appeal for Saskatchewan (2008-2009). Relying on the experiences and knowledge gained during the course of her two clerkships, Lauren’s civil litigation practice places an emphasis on public and administrative law, appellate litigation, and constitutional litigation. In addition to a vast array of representative work helping clients in any number of civil litigation matters, Lauren also has considerable experience dealing with applications for leave to appeal and for intervener status, and with appeals (including appeals to the Supreme Court of Canada).
Lauren has appeared before the Supreme Court of Canada, the Saskatchewan Court of Appeal, the British Columbia Court of Appeal, the Manitoba Court of Appeal, and various trial courts throughout Canada including the Saskatchewan Court of Queen’s Bench. She has also appeared before various administrative boards and tribunals.
Lauren is a sessional instructor at the University of Saskatchewan, College of Law, teaching Appellate Advocacy and Principles. She is fully fluent in French.
Lauren is an active member of her profession. She served for five years on the Canadian Bar Association’s Supreme Court of Canada Bench and Bar Committee, including for two years as its Chairperson. She has also served on the CBA’s Legislation and Law Reform Committee. Prior to moving home to Saskatchewan, Lauren served as the coach of the Thompson Rivers University Wilson Moot Team for five years. The Wilson Moot is a national moot, which brings together law students from all across Canada and focusses on constitutional law. She continues her support of the Wilson Moot by acting as a volunteer judge.
Lauren has authored several papers and articles, some of which have been cited by Canadian courts, including the Supreme Court of Canada and the Court of Appeal for Saskatchewan. She is the author of a legal blog entitled “The Admin Law Blog”, providing commentary and analysis of important and interesting administrative law decisions from the Supreme Court of Canada and other Canadian courts. She has spoken and presented at numerous conferences and seminars on administrative law, across Canada.
Lauren received her Juris Doctor in 2008 from Queen’s University, where she was a member of the Dean’s List during each of her three years of study and was awarded the Dean’s Key at graduation. Lauren also holds a degree in Communication and Psychology from the University of Ottawa, where she was awarded the Silver Medal.
- British Columbia, 2011
- Ontario, 2010
- Saskatchewan, 2009
- Juris Doctor, Queen's University, 2008
- Bachelor of Arts (magna cum laude), University of Ottawa, 2005
Memberships & Associations
- Canadian Bar Association
- Association des Juristes d’Expression Francaise de la Saskatchewan
- Canadian Institute for the Administration of Justice
- Law Society of British Columbia
- Law Society of Saskatchewan
- Law Society Ontario
- Regina Bar Assocation
- Saskatchewan Trial Lawyers Association
- The Advocates Society
Left Behind: Charter Rights under the New Impaired Driving Regime
Principled Limitations? or Just Path Dependency?
“Dunsmuir and the scope of admissible evidence on judicial review: Principled limitations or path dependency?”, (co-authored with Benjamin Oliphant), 69.1 University of Toronto Law Journal 31, 2019
“The Withering of Correctness Review”, Canadian Journal of Administrative Law and Practice, Special Issue: A Decade of Dunsmuir 89, 2018
“Evidentiary rules in a post-Dunsmuir world: Modernizing the scope of admissible evidence on judicial review” (co-authored with Benjamin J. Oliphant), 28 Can J Admin Law & Prac 323, 2015
“Wither the correctness standard of review? Dunsmuir, six years later”, 27 Can J Admin Law & Prac 173, 2014
“Quiet Contributions: Re-Examining the Benefits of a Restorative Approach to Sentencing in the Aboriginal Context”, 26 Windsor Y.B. Access Just. 53, 2008
Speaker, “Vavilov: in Perspective,” Vavilov’s First Birthday, The implications of Vavilov for various areas of administrative decision making, University of Ottawa Public Law Centre, delivered online, 2020
Speaker, “Introduction: Towards a Unified Theory of Administrative Law?”, 2020 CIAJ National Roundtable on Administrative Law, delivered online, 2020
Moderator, “Vavilov, où en sommes nous six mois plus tard?”, CIAJ Webinar on Administrative Law, delivered online, 2020
Moderator, “Six months of Vavilov, where are we now?”, CIAJ Webinar on Administrative Law, delivered online, 2020
“Plus ça change…The Record on Judicial Review”, (co-presented with Benjamin J. Oliphant), 2017 CIAJ National Roundtable on Administrative Law, Vancouver, British Columbia, 2017
R v Robb, 2019 SKQB 295 (Constitutionality of provisions of the Criminal Code)
Oberg v Saskatchewan (Board of Education of the South East Cornerstone School Division No. 209), 2020 SKQB 96 (Judicial review of demotion of high school principal in breach of procedural fairness)
Pierson v Estevan Board of Police Commissioners, 2020 SKQB 144 (Judicial review of denial of workplace injury benefits for PTSD)
Yorkton (City) v Mi-Sask Industries Ltd., 2020 SKCA 109 (application for leave to appeal decision denying preservation order)
Ross v Day, 2018 SKQB 153 (dismissal of bankruptcy appeal by judgment creditor on the basis of delay)
Kaiser v RM of Baildon, 2018 SKQB 292 (municipal law - civil procedure - application to strike pleadings)
Lang v. Lapp, 2017 BCSC 670 (whether foreign default judgment can survive discharge from bankruptcy)
Wang v. Epoch Press Ltd., 2017 BCSC 136 (strike pleadings – whether corporate law claims are personal or derivative)
Cambie Surgeries Corporation v. BC (Medical Services Commission), 2016 BCSC 1390 (admissibility of evidence)
Millen et al v Hydro Electric Board (Man), 2016 MBCA 56 (whether constitutional challenge to tendering policy should be heard by courts or by labour board)
Dane Developments Ltd. v. BC (Forests, Lands and Natural Resource Operations), 2015 BCSC 1663 (judicial review of decision of deputy minister)
British Columbia Teachers’ Federation v British Columbia, 2015 BCCA 184 (constitutionality of legislative changes to class size and composition)
United Mexican States v. British Columbia (Labour Relations Board), 2015 BCCA 32 (whether state immunity applies to declaration of a labour board regarding improper interference by a foreign state)
Pacific Centre for Reproductive Medicine v. Medical Services Commission, 2015 BCSC 53 (judicial review of decision to deny licence to provide medically necessary services)
Richardson v. Hunter, 2014 BCSC 1960 (application for injunction to remove defamatory postings)
British Columbia Teachers’ Federation v. British Columbia, 2014 BCCA 341 (application for leave to intervene in Charter challenge)
Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39 (conflicts of interest)
R v. Saskatchewan Federation of Labour, 2013 SKCA 43 (constitutionality of the right to strike)
Fédération des parents francophones de Colombie-Britannique v. British Columbia (Attorney General), 2012 BCCA 422 (public interest standing)
Reference re Election Act (BC), 2012 BCCA 394 (constitutionality of restrictions on election spending in context of fixed election dates)
Conseil Scolaire Francophone de la Colombie-Britannique v. British Columbia, 2012 BCCA 282 (discretion to admit untranslated documents into evidence)
Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (conflicts of law and assumption of jurisdiction)
Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9 (enforceability of foreign choice of forum clauses and private international law).