Treyton Pernitsky publishes case commentary in the Saskatchewan Law Review: "Barking up the Wrong Statute: A Warning from Loucks v Regina Humane Society Inc when Applying for a Preservation Order under The Enforcement of Money Judgments Act"

McDougall Gauley LLP's Treyton Pernitsky has had his case commentary entitled "Barking up the Wrong Statute: A Warning from Loucks v Regina Humane Society Inc when Applying for a Preservation Order under The Enforcement of Money Judgments Act" published in the latest issue of the Saskatchewan Law Review (SLR). The SLR is a semi-annual publication focusing on researched articles and comments authored by practising and academic members of the legal profession.

This case comment examines Loucks v Regina Humane Society Inc, 2025 SKKB 28 [Loucks], a recent Court of King’s Bench for Saskatchewan decision by Justice Danyliuk, which dealt solely with the issue of whether or not to grant a preservation order under s. 5 of The Enforcement of Money Judgments Act, SS 2010, c E-9.22 [EMJA].

Loucks is significant both substantively, by offering judicial comment on a court’s jurisdiction in relation to s. 5 of the EMJA, and practically, by warning counsel who may be tempted to use the EMJA as a way to preserve property when more appropriate injunction routes are available.

Loucks contributes to a growing body of Saskatchewan jurisprudence clarifying that preservation orders are exceptional and reserved for genuine risks to the enforceability of money judgments. They are not to be used for strategic purposes or purposes outside the scope of the EMJA. In this way, Loucks reinforces that preservation orders are a tightly confined tool and that Saskatchewan courts will not allow creative pleadings to expand their scope beyond the legislature’s clear policy choices.

Treyton is an articling student with the firm. He has achieved a Juris Doctor (Distinction, 2026), Certificate in Ethics, Justice, and Law (2023), and Bachelor of Commerce, Finance (Great Distinction, 2023) through the University of Saskatchewan.

Treyton's article can be found here.

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