Lauren J. Wihak returns home to Regina, joining McDougall Gauley LLP after spending the last four years split between a litigation boutique and a major national law firm in 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, and the Honourable Madam Justice Georgina R. Jackson of the Court of Appeal for Saskatchewan. 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, constitutional litigation, and appellate litigation. She has developed a particular expertise in the area of administrative law and practice, as well as applications for leave to appeal and for intervener status, and appeals (including leave to appeal) 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 British Columbia Supreme Court, the Manitoba Court of Queen’s Bench, the Manitoba Court of Appeal, and the Alberta Court of Queen’s Bench, as well as various administrative tribunals.
Lauren has been an active member of her profession. She currently serves as the Chairperson of the Canadian Bar Association’s Supreme Court of Canada Liaison Committee, having also served as the Vice-Chairperson and a committee member of that Committee for the past four years. She has previously served as a member of the CBA’s Legislation and Law Reform Committee. Additionally, Lauren has been the coach of the Thompson Rivers University Wilson Moot Team for the past five years. The Wilson Moot is a national competitive moot, bringing together law students from all across Canada, and focuses on constitutional law.
Lauren has authored several papers and articles, some of which have been cited by Canadian courts, including the Supreme Court of Canada and the Saskatchewan Court of Appeal. She is also 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.
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. Lauren also received several prizes and awards for both academic achievement and law school community involvement, including the Queen’s Faculty of Law Entrance Scholarship and the McCarthy Tetrault Leadership Award. She was awarded the Dean’s Key at convocation, which is given to one graduating student per year on the basis of academic achievement and leadership within the law school. Lauren also holds a degree in Communication and Psychology from the University of Ottawa, where she was awarded the Silver Medal for her studies in Psychology.
- 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
- British Columbia Bar Association
- Canadian Institute for the Administration of Justice
- Law Society of British Columbia
- Law Society of Saskatchewan
- Law Society of Upper Canada (Ontario)
“The Scope of Admissible Evidence on Judicial Review: Principled Limitations or Path Dependency?” (co-authored with Benjamin J. Oliphant), University of Toronto Law Journal Focus Feature, forthcoming.
“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
“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
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).