Latest Legal news canada Podcast Episodes
BC NDP misunderstands legislation and lawyers on the lawn, bail conditions and hidden camera class action
Legally Speaking with Michael Mulligan - March 17, 2023 02:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: For many years, the BC government has paid all lawyers working for it on the same basis as contracts negotiated by the union representing Crown Counsel. Recently the government decided to stop doing this. That decision likely increased suppor...
Eby's repeated attempts at money laundering charges and eye surgery gone wrong
Legally Speaking with Michael Mulligan - March 10, 2023 19:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: A third charge approval review, ordered by David Eby, comes to the same conclusion as the first two: there is no basis for money laundering charges arising from a large RCMP investigation into cash or casino chips being provided to high-stake...
Civil forfeiture for future unlawful activity, sentencing after a jury verdict, and notice of injunction required
Legally Speaking with Michael Mulligan - February 16, 2023 22:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Unlike in the United States, where property rights are constitutionally protected, there is no similar protection in the Canadian Charter. Various provinces, including British Columbia, have set up civil forfeiture regimes that permit prope...
A notary avoids liability for an unconscionable home sale by a senior and a tree bylaw can't stop farming
Legally Speaking with Michael Mulligan - February 09, 2023 19:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than 500 pages, 67 authorities, and over 90 pages of written submissions, a BC Supreme Court Judge h...
Flying Squad sentencing, property tax exemption for religion, and a Gladue sentence appeal
Legally Speaking with Michael Mulligan - January 05, 2023 23:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: A University of Victoria instructor pleaded guilty to criminal contempt for blocking a road by chaining himself to a log. Other people who had been convicted in similar circumstances have been sentenced to a period of probation with 100 hou...
Crown bail policy, strata age and rental restrictions going and housing approval by the province
Legally Speaking with Michael Mulligan - November 28, 2022 21:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: In response to political pressure resulting from public disorder and random assaults of strangers, BC Premier Eby announced several policy changes, including some amendments to the Crown Counsel Policy Manual concerning bail. Much of the soc...
Paralegals rather than legal aid, sentences longer that requested, and a municipal recount
Legally Speaking with Michael Mulligan - November 10, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: British Columbia has had inadequate legal aid funding for family and poverty law cases for many years. In 1992 the NDP government imposed a special tax on legal services to fund legal aid. Anyone who hires a lawyer pays this special 7% tax t...
Mental health NCRMD vs fitness for trial and Buzziak murder investigation info still secret
Legally Speaking with Michael Mulligan - November 03, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: All too often, people with serious mental illnesses end up in the criminal justice system when they are not afforded adequate and sustained medical treatment. In a case discussed on the show, a man who had suffered from multiple mental heal...
Mental health NCRMD vs fitness for trial and Buzziak murder investigation info still secret
Legally Speaking with Michael Mulligan - November 03, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: All too often, people with serious mental illnesses end up in the criminal justice system when they are not afforded adequate and sustained medical treatment. In a case discussed on the show, a man who had suffered from multiple mental heal...
Criminal bail vs Mental Health Act detention
Legally Speaking with Michael Mulligan - October 20, 2022 21:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: In the context of a judicial review of a decision to compel a patient to continue to receive antipsychotic medication against her will for many years, the difference between bail in a criminal case and involuntary treatment pursuant to the Me...
Best interest of a dog, Mink Breeders contest phasing out, and a strata fight over a deck
Legally Speaking with Michael Mulligan - October 14, 2022 16:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: A dispute over the adoption of a dog named Maddie ended up in court after the woman who “rescued” and sold her tried to get her puppies back to sell. The dispute involved a woman in Port Alberni who has a business selling dogs that the judg...
A report on Repeat Offending and Random Stranger Violence in BC
Legally Speaking with Michael Mulligan - October 06, 2022 23:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: In response to criticism from mayors and others, a report entitled A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia was prepared. The authors of the report, a retired deputy police chief, and an a...
Woman gets 5.5 years for sexual assault and a School Board suspension of trustees unlawful
Legally Speaking with Michael Mulligan - September 29, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: In 2008 the age at which someone can consent to sexual activity was raised from 14 to 16. Some exceptions permit people younger than 16 to consent to sexual activity with someone close in age. A 12- or 13-year-old can consent to sexual acti...
Non-pecuniary damage awards by juries and prior sexual activity cross examination
Legally Speaking with Michael Mulligan - September 27, 2022 21:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Non-pecuniary damages are compensation for personal injury losses that have not required the outlay of money. The purpose is to compensate injured people for pain, suffering, disability, inconvenience, and loss of enjoyment of life. They are ...
BC COVID rule challenges dismissed, banishment and double jeopardy, and challenging a civil jury notice
Legally Speaking with Michael Mulligan - September 15, 2022 18:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Five different legal challenges to COVID-19 restrictions are all dismissed on the same day. Several of the people who launched legal challenges failed to avail themselves of internal legislative review mechanisms before commencing challenges ...
Promissory estoppel a farm and a $90,000 award for defamatory Google and Yelp reviews
Legally Speaking with Michael Mulligan - September 02, 2022 22:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Promissory estoppel is an equitable doctrine that can protect a claimant’s reasonable reliance on another person’s word. It is intended to avoid unfairness by enforcing promises. In a case discussed on the show, a judge needed to determine ...
Trespass damages, Caveat Emptor for a house purchase and Charter breach = reduced sentence
Legally Speaking with Michael Mulligan - August 25, 2022 21:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: When someone trespasses on property by building or installing something on it without permission, damages can be awarded. The amount of such an award will depend on the circumstances: a)nominal damages if the owner had not proven any actual...
The Liquor Distribution Act monopoly and termination vs abandoning a job
Legally Speaking with Michael Mulligan - August 18, 2022 19:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: The British Columbia General Employee Union is picketing government liquor distribution centers. The explanation for this strategic choice can be found in the Liquor Distribution Act, which is the legal basis for how alcohol is sold in Britis...
Different test for best interest of indigenous children, public interest standing and nuisance bamboo
Legally Speaking with Michael Mulligan - August 11, 2022 18:00 - 21 minutes ★★★★★ - 1 ratingThe week on Legally Speaking with Michael Mulligan: When children are believed to be at risk of harm in British Columbia, they can be apprehended by the director of the Ministry of Children and Families and placed with another family member or into foster care. Pursuant to the Child, Family a...
No condom = no consent, when lawyers can't quit, and unjust enrichment
Legally Speaking with Michael Mulligan - August 04, 2022 21:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Section 273.1(1) of the Criminal Code specifies that a person’s voluntary agreement to “engage in the sexual activity in question” is required. Even where there is consent to sexual activity, it can be legally ineffective in various circums...
Murder during unlawful confinement, detention and right to a lawyer
Legally Speaking with Michael Mulligan - July 28, 2022 18:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: In Canada, murder can be either first or second degree. A conviction for either kind of murder results in a mandatory life sentence. With first-degree murder, however, a person must wait 25 years before they can even ask for parole. For secon...
Medicare Protection Act constitutional, sentencing for contempt and drugs on appeal
Legally Speaking with Michael Mulligan - July 21, 2022 18:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: The British Columbia Medicare Protection Act purports attempts to protect Medicare by prohibiting any doctor from charging any more than what Medicare pays for any service that it covers and effectively prohibiting people from purchasing priv...
A car dealership liable for an accident, ICBC unfairness, and a builder's lien
Legally Speaking with Michael Mulligan - July 14, 2022 20:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: In August of 2018, two sisters were walking their dogs on Central Saanich Road in Saanich BC when a vehicle struck them. One of the women, and her dog, were killed. The other woman survived with devastating injuries. The woman who survived ...
Deck litigation, an estate without a will, and criminal jury trials almost back to normal
Legally Speaking with Michael Mulligan - June 30, 2022 18:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Twenty-five years ago, a man and his family moved into a home they had built in the Highlands with only a temporary occupancy permit. A final occupancy permit was never obtained, and the lack of compliance was noted on title. As his wife pa...
A murder conviction appeal, a ban on publication of disclosure material and a drug conviction appeal
Legally Speaking with Michael Mulligan - June 24, 2022 17:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: An appeal in a criminal case does not involve asking the judges hearing the appeal to retry the case. It’s a review of what took place at the original trial. The Court of Appeal can allow an appeal if the verdict at trial was unreasonable an...
Bill C-21 unintended consequences, no fault and a highway blockade injury and a search warrant quashed
Legally Speaking with Michael Mulligan - June 16, 2022 19:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Bill C-21 proposes various amendments to the Criminal Code and Firearms Act to restrict gun ownership. One part of the legislation is a proposal to freeze the sale or transfer of handguns. This has already had the unintended consequence of ...
An ex-wife attempt to get control over a trust and a financial advisor claims a marriage-like relationship with a client
Legally Speaking with Michael Mulligan - June 09, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: When the divorced father of an adult child with learning disabilities was diagnosed with terminal cancer, he established a trust with $750,000 to provide for his son following his death. As he had been through an acrimonious divorce, the fa...
150 years or parole ineligibility cruel and unusual and a credit card class action settlement
Legally Speaking with Michael Mulligan - June 02, 2022 21:00 - 22 minutes ★★★★★ - 1 ratingThe week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has found that making people ineligible to even apply for parole for 150 years is cruel and unusual punishment. In 1967 Canada repealed the Criminal Code provisions that allowed people convicted of murder to be pu...
The right to a trial in English or French and the BC Legislative Clerk not guilty of most charges
Legally Speaking with Michael Mulligan - May 26, 2022 22:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Section 530 of the Criminal Code provides a right to a trial in either English or French. It also requires a judge or justice “before whom an accused first appears” to inform accused people of this right. If someone requests a trial in Fren...
Automatism, Horizontal stare decisis, and ICBC No Fault in the BCCA
Legally Speaking with Michael Mulligan - May 20, 2022 17:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Criminal offences require two things, often described with Latin names: actus reus and mens rea. Actus reus is an intentional physical act. Mens rea is a guilty mind. We don’t wish to convict people for physical acts that were not intention...
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