Legally Speaking with Michael Mulligan
221 episodes - English - Latest episode: 1 day ago - ★★★★★ - 1 ratingLegal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
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Episodes
A Google Class Action Settlement and Murder vs Manslaughter
January 24, 2021 20:00 - 21 minutes - 14.8 MBThis week on Legally Speaking with Michael Mulligan: Google has agreed to settle a Canadian Class Action based on an alleged breach of privacy arising from the collection and transmission of Android smartphone data. The data in question consists of the identification number or code of the cell towers used to connect Android phones. The Cell ID Data would identify the Android phone by unit serial number and could if considered alongside significant additional data obtained from other sourc...
Confusing COVID-19 orders cause family law issues, and a murder conviction vs private Law Society documents
January 08, 2021 23:00 - 21 minutes - 14.7 MBThis week on Legally Speaking with Michael Mulligan: A BC Supreme Court Judge describes the BC COVID-19 public health orders as “fraught with inconsistency and ambiguity” and that it’s “not surprising that reasonable people can reasonably disagree about their interpretation and application in any given circumstance.” This case is one of many that have arisen where separated parents disagree about the interpretation of the orders and how they should be applied in the context of children spe...
Notice of records in sexual assault cases unconstitutional, forfeiture of money for bail breaches, and radar speed evidence
December 31, 2020 21:00 - 23 minutes - 16 MBThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has granted the Crown leave to appeal a BC Supreme Court decision that found a new law that required people accused of various sexual offences to provide advance notice of records they wish to rely on to the complaint and Crown to be unconstitutional. The law in question was passed following the Jian Ghomeshi case where the complainant’s credibility was undermined by email messages, they had sent that contrad...
Public Health Act enforcement, duty of honest performance, and a solitary confinement class action
December 24, 2020 19:00 - 22 minutes - 15.6 MBThis week on Legally Speaking with Michael Mulligan: Provisions of the British Columbia Public Health Act allow for the enforcement of public health orders by means other than the imposition of fines. If someone is refusing to comply with an order to remain in quarantine or isolation, a judge can issue a warrant for their arrest and to require that they remain detained in a location and on conditions determined by the judge. When someone is arrested pursuant to such an order there is prov...
Collecting COVID fines while mailing out cheques, recounts in BC vs USA, pronouns in court and for judges
December 17, 2020 23:00 - 22 minutes - 15.2 MBRather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn’t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer. As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to the Public Health Act. The idea that someone who has received a fine for having a house party during the COVID-19 pandemic would receive a...
Joe Arvay - Remembering his contributions from Little Sisters to Hells Angels
December 13, 2020 00:00 - 23 minutes - 16 MBRenowned constitutional lawyer Joe Arvay passed away unexpectedly at the age of 71. Over the course of a remarkable career focused on public interest constitutional litigation he had a profound impact on the lives of many people. A few of the many cases he was involved with are discussed on the show, ranging from the Little Sisters bookstore case, that dealt with freedom of expression and equality rights to one of his most recent cases involving civil forfeiture of property that might be u...
Mr. Big confessions, a gesturing juror appeal, and slow notice of COVID-19 at the Surrey courthouse
December 07, 2020 00:00 - 22 minutes - 15.4 MBMr. Big investigations involve tricking a suspect into believing they are being recruited into a fictitious criminal organization. Often a large number of undercover RCMP officers are involved. Typically, the undercover police officers will spend months having the suspect perform tasks for the fictitious criminal organization, paying them to do so. Eventually, the suspect will be introduced to the fictitious boss of the fictitious criminal organization who will tell the suspect that they n...
U.S. billionaire appeals fishing access to his giant B.C. ranch, no access to reproductive material after death, and a sexual assault appeal
November 27, 2020 00:00 - 22 minutes - 15.5 MBThe Douglas Lake Ranch is the largest private landholding in British Columbia. It’s owned by Stan Kroenke, a US billionaire who also owns the NHL’s Colorado Avalanche and the NFL’s L.A. Rams. The ranch has been involved in a legal dispute for years attempting to stop people from using a road the runs through the ranch, and two lakes that are surrounded by ranch property but owned by the Province of British Columbia. In 2018 the Nicola Valley Fish and Game Club was successful in BC Suprem...
Wrongful conviction for double murder overturned, new family court rules, and Delta Hospice Society medical assistance in dying
November 19, 2020 23:00 - 23 minutes - 16.2 MBThis week on Legally Speaking with Michael Mulligan: In 1983 Tomas Yebes was convicted by a Vancouver jury of murdering his two adopted sons, ages 6 and 7. The conviction was upheld by the BC Court of Appeal and the Supreme Court of Canada. Now, at the age of 77, after having spent a decade in jail, and 26 years on parole, thanks to work by the UBC Innocence Project, he has been acquitted. The two boys died as a result of a fire in their bedroom. The original conviction was based on an i...
Unreasonable refusal of racetrack expansion, join submissions for sentencing and criminal charges started by a vexatious litigant
November 13, 2020 03:00 - 22 minutes - 15.6 MBThis week on Legally Speaking with Michael Mulligan: The Municipality of North Cowichan’s decision to refuse approval for the expansion of the Vancouver Island Motorsport Circuit is found to be unreasonable following a judicial review. At issue was whether a racetrack is a permitted use pursuant to the zoning that is in place. The proposed expansion of the facility was to be on land zoned in the same way as the land used for the initial track. The municipality approved the first trac...
Protection against cruel punishment not for corporations, no annulment after wedding day separation and ICBC stores 518 acid damages cars
November 06, 2020 18:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: For some legal purposes, corporations are treated like people: they can enter into contracts, own property, engage in litigation, and be charged with committing offences. Some constitutional protections also apply to corporations: the right to be free from “unreasonable search and seizure” and the right to a trial within a reasonable period of time for example. Other constitutional protections don’t apply to corporations including the...
Dangerous Driving Causing Bodily Harm sentencing, a separation agreement with life insurance and Aeroplan points, and a COVID-19 limitation period case
October 29, 2020 21:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: Sentencing considerations for dangerous driving causing bodily harm: why do we sentence someone who drives dangerously and has an accident that causes serious bodily harm differently from someone who drives in the same way but is lucky and does not cause an accident? The Criminal Code sets out various factors, and principles, that a judge is required to consider including denunciation, deterrence, and rehabilitation that must be balanced...
Vote counting controversy resolved in court, an acquittal on an attempted murder charge, and alleging perjury results in special costs
October 23, 2020 20:00 - 21 minutes - 14.7 MBThis week on legally speaking with Michael Mulligan: While attempting to count ballots cast for the election of a board of directors for the Shon Yee Benevolent Association things went sideways when water spilled on a table during the vote count. Once this was cleaned up it was unclear whether a disputed ballot had been included in a count on a whiteboard, or where the ballot had been put. Various other ballots had been marked in unusual ways, including a mixture of tick marks, crosses,...
Fathers unsuccessful in obtaining an injunction for increased COVID-19 school safety and a distracted driving conviction for wearing earbuds plugged into a dead iPhone
October 17, 2020 16:00 - 22 minutes - 15.5 MBThis week on Legally Speaking with Michael Mulligan: Two fathers with children and family members that have pre-existing medical conditions were unsuccessful in an application for an interim injunction to require British Columbia schools to implement additional COVID-19 protections such as social distancing, and mandatory mask-wearing in classrooms. The judge on the application was not prepared to rely on media reports concerning the number of exposures in schools. In addition, the judge...
ICBC no fault insurance and the Civil Resolution Tribunal
October 08, 2020 23:00 - 21 minutes - 15 MBThe mandatory ICBC no-fault insurance system that has been proposed for British Columbia is intended to save money by no longer spending time determining who was at fault in an accident. Someone who caused an accident would receive the same benefits as the person they crashed into. Disputes would, however, still arise with respect to how seriously some was injured, or how much compensation they should be provided. It just wouldn’t matter if the person caused the accident or not. Current...
Election Act voting requirements for mail in ballots, and third party advertising rules
October 01, 2020 21:00 - 23 minutes - 15.9 MBBecause the British Columbia provincial election was called suddenly none of the political parties have candidates nominated in all ridings. As a result of COVID-19, many people have also requested mail-in ballots. Without candidates having been determined yet, the mail-in ballots being distributed simply have a blank space to write in the name of the candidate you wish to vote for. When asked about the voting procedure, the premier incorrectly suggested that people could write in various...
The Lascelles Principles - when a Premier or PM can't demand an election, an annulment for impotence and a false claim to inherit a house
September 18, 2020 04:00 - 21 minutes - 14.9 MBThe premier of a province doesn’t actually have the authority to call an election. Authority to dissolve the legislature and call an election resides with the Lieutenant Governor. Ordinarily, the Lieutenant Governor would call an election at the request of the premier. In unusual circumstances, such as those that currently exist in British Columbia, she will have a choice to make. The circumstances where a request for an election could be refused by the Lieutenant Governor were described b...
COVID-19 school disputes, parenting coordinators, reports from trial judges for appeals, management fees and interest
September 10, 2020 23:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: As schools attempt to reopen for in-person instruction, amidst increasing COVID-19 infection rates, disputes between separated parents over sending children back to school have started showing up in court. Disputes of this kind are analyzed based on the best interest of the child. In a recent case of this kind, despite the increased risk to a grandparent, and mother of the father’s new domestic partner, a court-ordered that the child ...
An illegal Airbnb contract not enforceable in court, a class action for a data breach, and the BC legislature irrationally changes the pay of judges
September 03, 2020 23:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: A claim for an alleged breach of contract to rent a property so as to permit it to be used as an Airbnb is denied on the basis that the short-term rentals are not lawfully permitted. Contracts involving illegal activity are not enforceable in court. You can't sue if someone breaches an agreement to pay for illegal drugs, for example. This same issue can arise where there are contracts intended to evade taxation by paying cash. Also di...
A court application to stop unsafe school reopening, legislation prohibiting claims for COVID-19, and firing justified for not wearing safety equipmenet
August 27, 2020 23:00 - 22 minutes - 15.5 MBThis week on Legally Speaking with Michael Mulligan: Two fathers have filed a petition in the British Columbia Supreme Court to prevent schools from reopening without adequate COVID-19 safety protocols. In order to permit schools to reopen, the latest provincial Public Health Act order that sets out safety requirements for virtually any public gathering simply exempts schools. The protocols that schools are excluded from include measures such as wearing masks, allowing sufficient space f...
Bitcoin litigation, police authority to stop vehicles has limits, and jurisdiction over a family law case for an international sailing couple
August 20, 2020 21:00 - 23 minutes - 16 MBThis week on Legally Speaking with Michael Mulligan: In 2018 a BC man made an agreement to sell 50 bitcoins for $10,700 each for a total of $535,000. The purchaser didn’t complete the purchase of the bitcoin, so the prospective seller sued. The person who was sued claimed that he didn’t enter into the contract personally, but did so on behalf of a company, Einstein Exchange Inc. that went bankrupt and ceased operations in October of 2019. When someone enters into a contract on behalf of...
A neighbour dispute leads to a jackhammered retaining wall and a $16,000 award, Dangerous vs Long-Term Offender classifications, and a costs award against a lawyer
August 17, 2020 00:00 - 21 minutes - 14.8 MBThis week on Legally Speaking with Michael Mulligan: A long-running neighbour dispute over garbage, grass clippings, dog feces, a dead snake on a trampoline, and a retaining wall consumes 13 days of court time and results in a $16,000 award. One of the feuding neighbours spray painted and then jackhammered a concrete retaining wall that protruded a few inches onto his property. Absent a danger to life, or some other emergency, the law doesn’t permit a property owner to engage in a self-...
Police Act public inquiry into transit police assault of black UBC student, judicial salaries and cabinet documents, and UBC appeals a $1.15 million Fisheries Act fine
August 08, 2020 17:00 - 20 minutes - 14 MBIn 2011 a black, 22-year-old, UBC student went to the upper deck of a SkyTrain station to meet a friend. As he was not planning to ride the SkyTrain, he did not purchase a ticket, despite being in a “fare paid” zone. When he received a message from his friend, advising of a change of plans, he started to walk down the stairs at the SkyTrain station. Two transit police officers approached the student, and after a five-minute discussion, wrongly concluded he had provided a false name. They t...
Police Act public inquiry into transit police assault of black UBC student, judicial salaries and cabinet documents, and UBC appeals a $1.15 million Fisheries Act fine
August 08, 2020 17:00 - 20 minutes - 14 MBIn 2011 a black, 22-year-old, UBC student went to the upper deck of a SkyTrain station to meet a friend. As he was not planning to ride the SkyTrain, he did not purchase a ticket, despite being in a “fare paid” zone. When he received a message from his friend, advising of a change of plans, he started to walk down the stairs at the SkyTrain station. Two transit police officers approached the student, and after a five-minute discussion, wrongly concluded he had provided a false name. They t...
Beacon Hill Park trust conditions and an ICBC employee sells personal information to drug deals who use it to attack the homes of police officers
July 30, 2020 20:00 - 23 minutes - 15.9 MBAs a result of the City of Victoria deciding not to enforce a bylaw that prohibits camping in Beacon Hill Park, 78 structures have been erected in the park. Following weeks of complaints from nearby residents, and other people wishing to use the park, the City of Victoria obtained an interim injunction requiring people living in the park to remove the structures form portions of the park that are environmentally sensitive, or of cultural significance. The Friends of Beacon Hill Park Soci...
Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court
July 23, 2020 21:00 - 22 minutes - 15.4 MBJury trials have proven to be the most challenging parts of the justice system in the age of COVID-19. The Court of Appeal has been conducting appeals using Zoom. The Provincial Court has been conducting sentencing and judicial interim release hearings by telephone conference. Both the Provincial Court, and the Supreme Court, have been utilizing video connections for witnesses, and relatively simple modifications to courtrooms have permitted safe in-person trials to resume. The challenge ...
Legal requirements for the police to arrest or detain someone, and AG consent required to prosecute an offence on an international flight
July 16, 2020 23:00 - 22 minutes - 15.6 MBThis week on Legally Speaking with Michael Mulligan: When are the police permitted to arrest or detain someone? In the context of discussions concerning unbiased policing and identification checks, various common circumstances that do permit a police officer to arrest or detain someone are discussed: 1) If they have reasonable grounds to believe they have committed a criminal offence. 2) If they have reasonable grounds to believe someone is about to commit an offence. 3) For “i...
Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog
July 09, 2020 22:00 - 21 minutes - 14.7 MBThis week on Legally Speaking with Michael Mulligan: The British Columbia Court of Appeal finds that the Director of Child, Family and Community Services acted unreasonably, and without authority, in telling a single father that children under 10 years of age could not ride the public bus without supervision. The children that were riding the public bus together, to get to school, were 10, 9, 8 and 7 years old. The father had spent two years teaching his children how to use the public bu...
Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation
July 03, 2020 21:00 - 21 minutes - 14.5 MBThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be dealt with by arbitration, in the Netherlands, rather than going to court. While not specified in the 14-page agreement, it turned out that in ord...
BC overdose deaths more than double COVID-19 deaths since March, new legislation to detain youth for stabilization, to permit electronic wills and for no fault ICBC insurance
June 26, 2020 19:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: From March to May 2020, the number of people who have died as a result of drug overdoses in British Columbia has been more than double the number of people who have died from COVID-19: 401 vs 164. January COVID-19 deaths: 0 Overdose deaths: 77 February COVID-19 deaths: 0 Overdose deaths: 76 March COVID-19 deaths: 24 Overdose deaths: 113 April COVID-19 deaths: 87 Overdose deaths: 118 May COVID-19 deaths: 53 Overdose deaths: 170 ...
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
June 18, 2020 20:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: In a recent decision the Supreme Court of Canada has affirmed that when someone is arrested and charged with an offence, the presumption is that they should be released without the imposition of any conditions. Any conditions of release that are imposed must be clearly articulated, minimal in number, necessary, reasonable, the least onerous in the circumstances, and sufficiently linked to the accused’s risks regarding the statutory groun...
Conservation officer improperly fired for refusing to kill bear cubs, legal protections for police officers in Canada, and refusing to allow a lawyer unreasonable
June 11, 2020 20:00 - 22 minutes - 15.8 MBIn 2015 a BC conservation officer was dismissed from his position for refusing to kill two bear cubs. Initially, the conservation officer didn’t have the assistance of a lawyer and the issue of his dismissal was dealt with by a union representative and the Labour Relations Board. Eventually, the conservation officer retained a lawyer who identified that conservation officers are peace officers and issues relating to their discipline or dismissal need to be dealt with pursuant to the Poli...
Entrapment by phone, posse comitatus and the US Army, Canadian mayors and riots, and inoperable cell phone convictions
June 04, 2020 20:00 - 22 minutes - 15.3 MBCan you be entrapped by phone? The Supreme Court of Canada has confirmed that you can. One of the ways that entrapment can occur is if the police engage in random virtue testing: presenting an opportunity to commit a crime without a reasonable suspicion that the person being tested is already committing the crime, or that the crime is already occurring in the place where the police are testing random people. An example of a place where police have a reasonable suspicion that crimes are bei...
Huawei executive one step closer to extradition and a law firm is obtaining a order to reveal the identity of someone who left a Google review
May 28, 2020 19:00 - 21 minutes - 15 MBIn Canada, the decision about whether or not to extradite someone to another country to face criminal charges has both a legal and political aspect. The courts decide if the legal requirements for extradition have been met. If they have, it is then up to the Minister of Justice to determine if the person should actually be extradited. The recent decision concerning Wanzhou Meng of Huawei dealt with one of the legal requirements: the offence the person is charged with, in the other country...
COVID-10 and bail, the Criminal Defence Advocacy Society calls for courts to reopen, and a jury trial by Zoom in Texas
May 21, 2020 19:00 - 23 minutes - 16.3 MBCOVID-19 is a consideration when deciding if someone should remain in jail while waiting for their trial. In one federal penitentiary, located in Mission BC, 133 inmates and staff contracted the coronavirus. As a judge recently pointed out, however, the risk of COVID-19 is not a “get out of jail free card.” The overriding considerations when determining if someone should be kept in jail include whether they will attend court when required and if their detention is necessary for the prot...
Lack of consent, or possibly fraud, for not using a condom and an end to spousal support payments when an ex-wife doesn't become self sufficient after 26 years
May 14, 2020 19:00 - 19 minutes - 13.4 MBDoes failing to use a condom result in a lack of consent, or constitute fraud? In a recent decision, the Court of Appeal split three ways on how failing to use a condom should be analyzed. The case they were dealing with involved two people who had only met in person on one occasion before they decided to spend the night together. The complaint performed fellatio, without asking the accused to wear a condom, but then asked him to put one on before engaging in intercourse. Later in the nig...
Public health legislation with only 2 people in hospital on Vancouver Island with COVID-19, an etiquette guide for video court, and landlord's liability for oil thrown on a fire
May 09, 2020 02:00 - 22 minutes - 15.7 MBVancouver Island, population 870,000, only has 2 people in hospital with COVID-19, as of May 7, and a total of 18 people who have been identified with the virus, who have not recovered, according to the BC Centre for Disease Control. In this context, the Public Health Act and the Emergency Program Act are discussed on the show. Both acts expressly contemplate different orders being made for different areas of the province. If the number of people with COVID-19 reaches zero on Vancouver Is...
$500,000 bet on rock, paper, scissors ruled invalid by Quebec Court of Appeal, latest for BC Courts dealing with COVID-19, and a replacement judge decides a family law case
April 30, 2020 18:00 - 22 minutes - 15.8 MBIn 2011 two men in Quebec wagered $517,000 on a best-of-three rock, paper, scissors game. The man the lost took out a mortgage on his home to pay the debt but was successful in having the gambling contract, and mortgage set aside. In Quebec, private contractual disputes are deal with pursuant to the Civil Code of Quebec, rather than common law principles of contract, that apply in other Canadian provinces. The Civil Code of Quebec specifies that gambling contracts are only valid if they...
Court of Appeal is now back thanks to Zoom and instilling fear of COVID-19 from other parent not in best interests of a child
April 23, 2020 19:00 - 20 minutes - 14.3 MBThe BC Court of Appeal will be back operating at full capacity thanks to Zoom. After several weeks of dealing only with urgent matters, the BC Court of Appeal has announced that all oral hearings will proceed using Zoom. All material will be filed electronically. A desire to have an oral argument in person, rather than by Zoom, will not be a reason for an adjournment. The Court of Appeal is able to make this change more easily than trial courts can because it does not hear from live witne...
Child custody for front line medical workers and other urgent COVID-19 family law issues
April 16, 2020 19:00 - 22 minutes - 15.2 MBShould custody arrangements be modified where one parent is a nurse working with patients who may be infected with COVID-19? In child custody cases, the core principle is always what’s in the best interest of the child. A recent BC court decision set out factors to be considered when assessing a child’s best interest in a situation where a parent is working in an environment of known risk. These include whether the child has medical conditions placing them at higher risk if they are infect...
Rent Distress Act needs a COVID-19 update, BC Court explains why only urgent cases, and releasing people from jail
April 09, 2020 19:00 - 22 minutes - 15.5 MBThe Rent Distress Act governs the seizure of property by commercial landlords for the non-payment of rent. Its provisions are utilized in cases, including a recent court decision concerning the seizure and sale of a pizza oven, by a landlord in Tofino. Unfortunately, in the context of the COVID-19 pandemic, the act is hopelessly out of date. It only permits a tenant to keep $200 worth of property relating to their trade and sets out an archaic list of other property that a tenant is allowed...
Judge urges delay in driving prohibition for single mother due to COVID-19 and Quebec police stopping cars from Ontario
April 02, 2020 19:00 - 21 minutes - 14.7 MBA single mother, who lives in a rural area 20 minutes from the nearest grocery store and pharmacy, was prohibited from driving by the BC Superintendent of Motor Vehicles as a result of two distracted driving tickets she received last year. On an appeal to the BC Supreme Court, a judge agreed with the Superintendent of Motor Vehicles that they were not required to consider either the circumstances of the tickets or the hardship that a four-month driving prohibition would cause. Section 93 ...
Bill C-13 - The Federal COVID-19 legislation as well as a dangerous congregation of homeless people in Victoria
March 26, 2020 19:00 - 19 minutes - 13.3 MBBill C-13: a federal act respecting certain measures in response to COVID-19, has now received royal assent. Several elements of this legislation are discussed on the show. Bill C-13 created the Emergency Response Benefits Act. This act will provide a monthly payment of $2,000 to people out of work. One important element of the act is that the monthly benefits will not be available to any worker who “quit their employment voluntarily”. So: don’t quit your job if you wish to remain eligible ...
BC courts respond to COVID-19 and emergency measures legislation both federal and provincial
March 19, 2020 21:00 - 21 minutes - 14.6 MBBoth the BC Provincial Court, and BC Supreme Court have adjourned all, but the most urgent cases, scheduled from now until early May. Urgent cases, that will proceed, include in-custody bail hearing, in custody criminal trial, and urgent cases including child protection, house evictions, refusal of treatment and end of life matters, orders under the Quarantine Act or the Public Health Act, or a variety of other urgent cases, as determined by a judge on a written application. Witnesses, ju...
No sick leave required by BC legislation, liability limited for a home inspection, and no municipal liability for a slip and fall on ice
March 13, 2020 03:00 - 20 minutes - 14.3 MBBC is the only province in Canada where employers are not required to provide any sick leave. While various other forms of leave are required by the Employment Standards Act, including unpaid leave to care for seriously ill or injured family members, sick leave is not required. Various other recent amendments to the Employment Standards Act are discussed along with a report assessing the desirability of requiring sick leave, either paid or unpaid. Those opposed to mandatory sick leave poi...
Crimes against humanity are now part of Canadian law, ineffective snowboarding waiver signs, and an acid spill damaged thousands of vehicles
March 06, 2020 06:00 - 23 minutes - 16.2 MBThe Supreme Court of Canada has permitted a claim by workers at a mine in Eritrea to proceed, after concluding that Canada has adopted “customary international law” into the Canadian legal system. The Eritrean miners brought the proposed class claim action against a British Columbia based mining company, which is a part-owner of the Eritrean mine where they work. The miners are seeking damages for breaches of customary international law prohibitions against forced labour, slavery, cruel, i...
ICBC decisions should be subject to independent review, counselling an offence is also and offence, and aboriginal title vs sovereignty
February 27, 2020 20:00 - 21 minutes - 15 MBIf BC moves to an ICBC monopoly no-fault auto insurance system, as has been proposed, the suggested avenues for a review of ICBC decisions would not be adequate, or fair. Apart from an ombudsperson, and fairness offer, who would have no actual authority to correct unfair decisions by ICBC, what has been suggested is to use the Civil Resolution Tribunal. The Civil Resolution Tribunal was designed to deal with very small civil and strata property disputes. It is not an appropriate mechanis...
Who decides how and when unlawful protesters are removed and ICBC's finances: dumpster fire or a political excuse?
February 21, 2020 00:00 - 21 minutes - 14.6 MBWho decides if, how, and when, protesters who are blocking rail lines, ferries, driveways, or bridges are to be removed? Both protesters, and politicians, have suggested that either the Premier of BC, or the Prime Minister of Canada should, or should not, remove protesters who are obstructing transportation infrastructure or natural gas pipeline construction. In many cases, these suggestions demonstrate a fundamental misunderstanding of how such decisions are made. Neither the Premier of ...
ICBC No Fault pre-election refunds funded by delaying payments to the disabled and Uber gets an injunction
February 13, 2020 23:00 - 21 minutes - 14.7 MBThis week on Legally Speaking with Michael Mulligan: The ICBC no-fault system proposed by the NDP would save money by not providing compensation for the loss of future earning capacity. Currently, with our fault-based system, if someone is seriously injured by a careless driver, they would be entitled to be put back into the position they would have been in had they not been injured. This could include a lump sum payment based on the current value of their lost future earning capacity. Th...
Quarantine legislation in Canada and the BCNDP proposes no-fault car insurance
February 06, 2020 21:00 - 21 minutes - 15 MBOn the show this week: The Canadian Quarantine Act, and BC Public Health Act powers to quarantine people or order treatment in response to the Wuhan Coronavirus, as well as an analysis of the NDP government’s latest proposal for no-fault car insurance. The Canadian Quarantine Act and BC Public Health Act provide broad powers to control communicable diseases such as the Wuhan Coronavirus. These include the authority to prohibit entry into Canada by people who have been to a foreign country, ...