Legally Speaking with Michael Mulligan

By Michael Mulligan

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Episodes: 205

Description

Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.

Episode Date
Appeal Bail for Green Party Deputy Leader, Security Guard Guilty of Manslaughter and the Escheat Act
May 02, 2024
The Presumption of Innocence, Bail, and an RCMP Officer Appeals His Conviction
Apr 25, 2024
Opposition to a BCNDP Attempt at Political Interference with Legal Regulation, Manslaughter at Costco and Indigenous Justice Funding
Apr 18, 2024
The Battle for Independence: Assessing the Impact of Bill 21 on British Columbia's Legal System
Apr 11, 2024
The Legal Systems of Canada and New Zealand and Their Impact on Indigenous People and Drug Laws
Apr 04, 2024
Preserving the Independence of the Legal Profession in British Columbia
Mar 21, 2024
Healthcare, Homicide, and the Scales of Justice in Canada
Mar 14, 2024
Digital Privacy and Drug Decriminalization Litigation in BC
Mar 08, 2024
Unlawful Halding of Evidnce Ends a Murder Trial and First Nation's Rights vs Electricity
Mar 01, 2024
Dentist Drama, Extradition Dilemmas, and Condo Conflict
Feb 22, 2024
The Presumption of Destruction, Small Airline Seats, and Character Evidence
Feb 16, 2024
BC Religious Property Tax Exemption and No Power for Cryptocurrency
Feb 09, 2024
The Impact of proposed Land Act Amendments, Contract Frustration and Municipal Censure Overturned
Feb 01, 2024
Emergencies Act Ruling and Construction Liability
Jan 25, 2024
Protesters, Pigs, Trusts and Soccer Tackle Liability
Jan 18, 2024
A Tennant Windfall, Dismissal for Cause, and Future Earnings
Jan 11, 2024
British Columbia's Drug Policy: Decriminalization and Legal Challenges
Jan 06, 2024
Estate Conflicts, Real Estate Fiascos, and Fisheries Act Violations
Dec 31, 2023
An ICBC Class Action for Over Charging and Under Paying and Liability for a Car Dealership
Dec 22, 2023
Limits on Municipal Tree Protection, The Duty to Defend, and No Permit Demolition
Dec 14, 2023
Oral Agreements, Conservation Laws, and Provincial Power to Remove City Councillors
Dec 07, 2023
The Plastic Ban Unreasonable and Unconstitutional and Government Intrusion in the Legal Profession
Nov 30, 2023
The BC Constitution Act and the removal of MLAs or City Councillors
Nov 23, 2023
BCNDP vs. Crown Counsel Association, a Fence Dispute and an Eviction for Safety
Nov 16, 2023
BC Proposes Changes that Would Undermine the Independence of Lawyers
Nov 09, 2023
Third Party Records, Probable Guilt Punishment, and Injunctions in Defamation Cases
Nov 02, 2023
Property Rights and the Short Term Rental Accommodations Act in British Columbia
Oct 26, 2023
The BC Heroin Treatment Act and Delays in Civil Cases
Oct 19, 2023
Public Drug Use Prohibited Only If Asked and the Tort of Misfeasance in Public Office
Oct 12, 2023
Stepparent Child Support, Adoption without Consent and Band Council Fiduciary Duty
Oct 06, 2023
Loss of Support from a Child, Mineral Exploration vs DRIPA and the BC Legislature vs a Union
Sep 29, 2023
When Guinea Fowl aren't Fowl and Negligence vs Eviction for Marijuana Sales on Reserve
Sep 21, 2023
United for a Safer BC Policy Proposals
Sep 15, 2023
A Noisy Union, Court Costs Award Against a Strata, and the Mental Health Act
Sep 07, 2023
Failing to Provide Necessities, Service of an Injunction and War Crimes Prosecutions
Aug 25, 2023
MVA Death Sentence, ICBC Data Breach Class Action and Appeal Bail
Aug 17, 2023
Amicus, a sunken sailboat, and an administrator tries to buy a home
Aug 03, 2023
An Order to Remove a Seawall and a Refugee Charged $1.32 Million Property Speculation Tax
Jul 28, 2023
Self-defence and Charge Approval and the BC Government in Court with Government Lawyers
Jul 20, 2023
Milk Surveillance, Roundup Cancer Claim and an English Test for a Teacher
Jul 13, 2023
Small Claims Penalties, Arbitration Clauses, and Autopsy Photos
Jul 06, 2023
The History of Vagrancy Laws, Applications to Become a Judge Drop, and the Duty to Defend
Jun 29, 2023
Residential Tenancy Award Unreasonable and Consequences for Not Completing a Real Estate Deal
Jun 22, 2023
'Free Man on the Land' jailed for a year for contempt and a tainted identification acquittal
Jun 15, 2023
Suing a Judge changing a charge and being "functus officio"
Jun 08, 2023
Bill C-48: A Critical Look at Canada's Controversial Bail System Reform and Its Impact on Crime, Social Disorder, and Mental Health
Jun 06, 2023
The Impact of BC's Housing Supply Act on Local Governments
Jun 06, 2023
Evicted tenant denied 12 months rent, NCRMD detention upheld, and 4 years for firearms manslaughter
May 15, 2023
Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional
May 08, 2023
Disclosure failure results in wrongful conviction and Crown independent of police
Apr 13, 2023
BC NDP misunderstands legislation and lawyers on the lawn, bail conditions and hidden camera class action
Mar 17, 2023
Eby's repeated attempts at money laundering charges and eye surgery gone wrong
Mar 10, 2023
Civil forfeiture for future unlawful activity, sentencing after a jury verdict, and notice of injunction required
Feb 16, 2023
A notary avoids liability for an unconscionable home sale by a senior and a tree bylaw can't stop farming
Feb 09, 2023
Flying Squad sentencing, property tax exemption for religion, and a Gladue sentence appeal
Jan 05, 2023
Crown bail policy, strata age and rental restrictions going and housing approval by the province
Nov 28, 2022
Paralegals rather than legal aid, sentences longer that requested, and a municipal recount
Nov 10, 2022
Mental health NCRMD vs fitness for trial and Buzziak murder investigation info still secret
Nov 03, 2022
Criminal bail vs Mental Health Act detention
Oct 20, 2022
Best interest of a dog, Mink Breeders contest phasing out, and a strata fight over a deck
Oct 14, 2022
A report on Repeat Offending and Random Stranger Violence in BC
Oct 06, 2022
Woman gets 5.5 years for sexual assault and a School Board suspension of trustees unlawful
Sep 29, 2022
Non-pecuniary damage awards by juries and prior sexual activity cross examination
Sep 27, 2022
BC COVID rule challenges dismissed, banishment and double jeopardy, and challenging a civil jury notice
Sep 15, 2022
Promissory estoppel a farm and a $90,000 award for defamatory Google and Yelp reviews
Sep 02, 2022
Trespass damages, Caveat Emptor for a house purchase and Charter breach = reduced sentence
Aug 25, 2022
The Liquor Distribution Act monopoly and termination vs abandoning a job
Aug 18, 2022
Different test for best interest of indigenous children, public interest standing and nuisance bamboo
Aug 11, 2022
No condom = no consent, when lawyers can't quit, and unjust enrichment
Aug 04, 2022
Murder during unlawful confinement, detention and right to a lawyer
Jul 28, 2022
Medicare Protection Act constitutional, sentencing for contempt and drugs on appeal
Jul 21, 2022
A car dealership liable for an accident, ICBC unfairness, and a builder's lien
Jul 14, 2022
Deck litigation, an estate without a will, and criminal jury trials almost back to normal
Jun 30, 2022
A murder conviction appeal, a ban on publication of disclosure material and a drug conviction appeal
Jun 24, 2022
Bill C-21 unintended consequences, no fault and a highway blockade injury and a search warrant quashed
Jun 16, 2022
An ex-wife attempt to get control over a trust and a financial advisor claims a marriage-like relationship with a client
Jun 09, 2022
150 years or parole ineligibility cruel and unusual and a credit card class action settlement
Jun 02, 2022
The right to a trial in English or French and the BC Legislative Clerk not guilty of most charges
May 26, 2022
Automatism, Horizontal stare decisis, and ICBC No Fault in the BCCA
May 20, 2022
History of abortion law in Canada, an acquittal for criminal contempt, and credibility in criminal cases
May 05, 2022
Prolific offenders, Urban Mayors, causes and solutions
May 02, 2022
A no evidence motion, a 91-year old father unable to undo gift of a home, and child support after 19
Apr 22, 2022
Home search after arrest, parking pass class action dismissed, and no mink ranching
Apr 14, 2022
Crib case dismissed for delay, no judicial notice of unceded territory, and court COVID measures ending
Apr 07, 2022
Maple syrup theft, trial choice, contraceptive patch case and role of the Crown
Apr 05, 2022
Legal aid funding, a conviction results in deportation, and a licence plate revoked
Mar 25, 2022
A trust saves half a house, contempt stay application not screened out, and a warrantless whisky seizure
Mar 17, 2022
Criminal contempt sentencing, travel insurance and bad faith and the Crime Victim Assistance Act
Mar 12, 2022
Murder and a will, fraud by a translator, and a successful family law prototype in Victoria
Feb 24, 2022
Issues in the criminal contempt prosecutions from Fairy Creek and a default judgment for defamation
Feb 17, 2022
UN Rights of Indigenous People and child protection legislation and the Crown Counsel Association contract
Feb 11, 2022
Provincial Court report, SCC and a strip search, and a 6 year fentanyl sentence
Feb 09, 2022
Teal Cedar Products Ltd. vs the Rainforest Flying Squad in the BCCA and a strata dispute over a shared BMW
Jan 27, 2022
Mental health and the criminal law, a PLTC judicial review, and a police officer dismissal upheld on appeal
Jan 21, 2022
Arrests for blocking a highway and an appeal due to a failure to disclose evidence
Jan 14, 2022
Settlement exception for family mediation, award for dismissal of Caucasian employees and ex-pizza partner competition
Dec 31, 2021
Child vaccine legal disputes and gross negligence for not vaccinating all teachers
Dec 26, 2021
Mischief vs. Public Mischief, Counselling an offence, and the Parity Principle
Dec 16, 2021
Bill C-22 minimum sentences, Esquimalt Police civil claim, and the secrecy of jury deliberations
Dec 09, 2021
Bookkeeper fraud sentence appeal, MS Teams court decorum, and the General Anti-Avoidance Rule
Dec 06, 2021
Highway obstruction is a criminal offence, Ministerial Order for gas vs. economics, and the last cannabis sentence
Nov 25, 2021
BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges
Nov 21, 2021
Saanich Police Officer fired for fake drug recognition recertifications, no SCC for Highlands mine and a firing during COVID
Nov 12, 2021
Who is in jail in BC and what does it cost? Should a custody order from Pakistan be enforced in BC?
Nov 04, 2021
Salvage of shipping containers, Duty Counsel Day, and an injunction closing a restaurant not checking for COVID vaccination
Oct 28, 2021
Self-defence and the person's role in the incident, bats in a house, and waiving a charge
Oct 21, 2021
All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding
Oct 19, 2021
Law Society debate on gender pronouns in court and civil forfeiture of a penthouse used for parties during COVID
Oct 10, 2021
Mayors call for more people to be kept in jail before trial and the BCCA said use of lose Vancouver Island rail line
Sep 16, 2021
COVID-19 Related Measures Act vs Human Rights Code and a local government prohibition on building anything unreasonable
Sep 09, 2021
Vaccine passports and the Charter, marriage annulment and religion, and Traffic Court by MS Teams
Sep 03, 2021
Civil jury trials, bankruptcy for tax debts, and jurisdiction clause in employment contract void
Aug 26, 2021
Will unsigned due to COVID recognized, UVic resists class action over parking, and UBC advisor fired for use of gay dating app
Aug 19, 2021
Legal authority to restrict unvaccinated people from attending public places and pepper spray as a prohibited weapon
Aug 13, 2021
Clerk of BC Legislative Assembly has one charge quashed, BCCA finds holding includes with your leg, and a Cathay Pacific class action
Jul 29, 2021
Church vs City freedom of expression, anti-SLAPP in the BCCA, and Métis heritage in sentencing
Jul 23, 2021
Fair Creek blockade and the Criminal Code, surveillance of a judge, and a ticket info site
Jul 19, 2021
Surrogate mother claims affair and seeks child, Statue, church and totem sentencing, and s. 96 courts
Jul 08, 2021
18-year sentence for an abused woman who killed her husband, SCC Chief Administrator, Hong Kong legal system
Jun 24, 2021
Subway vs Budway, Highlands mine in the BCCA, and privacy vs open courts
Jun 17, 2021
Criminal contempt controlled by the court and not AG, oil tank leak bill is okay, and the SCC on child support
Jun 10, 2021
False sexual assault claim gets a discharge and an accused person is not required to explain why a complainant would lie
May 27, 2021
Big Newf and duress, 11 years for carfentanil trafficking, and an increased award for firing an articling student
May 26, 2021
Miscellaneous but important amendments, and the BC COVID-19 data leak
May 19, 2021
Joint sentencing submissions, prosecutorial immunity, and absolute privilege
May 06, 2021
Police COVID roadblocks, Quarantine Act breached by Flat Earth conference attendee, and Small Claims online
Apr 22, 2021
Fraudulent mass mailing search warrant, bulk COVID adjournments and unsightly garbage bin acquittal
Apr 15, 2021
Duty to defend metal in eye of NHL goalie, 13kg of heroin in the trunk, and a $90K telephone scam
Apr 08, 2021
Home theft by title fraud, defamation for false claim of sexual abuse on Facebook, child support and bankruptcy
Apr 01, 2021
A fraudulent conveyance voided, Johnson & Johnson sued over a blood clot, and sealed Buziak documents
Mar 25, 2021
Wrongful dismissal damages, police officer's $1.5M ICBC claim denied and Civil Resolution Tribunal patently unreasonable
Mar 18, 2021
US Billionaire vs a fish and game club, BC firearm legislation and a will after separation
Mar 11, 2021
The Civil Resolution Tribunal vs s. 96 of the Constitution and no hat for a Pastafarian
Mar 06, 2021
BC refused interim injunction for churches breaking COVID rules and BCCA splits over electric bikes
Mar 02, 2021
Fake doctor goes to jail, good faith and expected profit, default judgment, and decriminalizing drugs
Feb 12, 2021
Gladue and bail, consent and medical malpractice, and banishment
Feb 08, 2021
A Google Class Action Settlement and Murder vs Manslaughter
Jan 24, 2021
Confusing COVID-19 orders cause family law issues, and a murder conviction vs private Law Society documents
Jan 08, 2021
Notice of records in sexual assault cases unconstitutional, forfeiture of money for bail breaches, and radar speed evidence
Dec 31, 2020
Public Health Act enforcement, duty of honest performance, and a solitary confinement class action
Dec 24, 2020
Collecting COVID fines while mailing out cheques, recounts in BC vs USA, pronouns in court and for judges
Dec 17, 2020
Joe Arvay - Remembering his contributions from Little Sisters to Hells Angels
Dec 13, 2020
Mr. Big confessions, a gesturing juror appeal, and slow notice of COVID-19 at the Surrey courthouse
Dec 07, 2020
U.S. billionaire appeals fishing access to his giant B.C. ranch, no access to reproductive material after death, and a sexual assault appeal
Nov 27, 2020
Wrongful conviction for double murder overturned, new family court rules, and Delta Hospice Society medical assistance in dying
Nov 19, 2020
Unreasonable refusal of racetrack expansion, join submissions for sentencing and criminal charges started by a vexatious litigant
Nov 13, 2020
Protection against cruel punishment not for corporations, no annulment after wedding day separation and ICBC stores 518 acid damages cars
Nov 06, 2020
Dangerous Driving Causing Bodily Harm sentencing, a separation agreement with life insurance and Aeroplan points, and a COVID-19 limitation period case
Oct 29, 2020
Vote counting controversy resolved in court, an acquittal on an attempted murder charge, and alleging perjury results in special costs
Oct 23, 2020
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
Oct 17, 2020
ICBC no fault insurance and the Civil Resolution Tribunal
Oct 08, 2020
Election Act voting requirements for mail in ballots, and third party advertising rules
Oct 01, 2020
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
Sep 18, 2020
COVID-19 school disputes, parenting coordinators, reports from trial judges for appeals, management fees and interest
Sep 10, 2020
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
Sep 03, 2020
A court application to stop unsafe school reopening, legislation prohibiting claims for COVID-19, and firing justified for not wearing safety equipmenet
Aug 27, 2020
Bitcoin litigation, police authority to stop vehicles has limits, and jurisdiction over a family law case for an international sailing couple
Aug 20, 2020
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
Aug 17, 2020
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
Aug 08, 2020
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
Jul 30, 2020
Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court
Jul 23, 2020
Legal requirements for the police to arrest or detain someone, and AG consent required to prosecute an offence on an international flight
Jul 16, 2020
Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog
Jul 09, 2020
Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation
Jul 03, 2020
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
Jun 26, 2020
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
Jun 18, 2020
Conservation officer improperly fired for refusing to kill bear cubs, legal protections for police officers in Canada, and refusing to allow a lawyer unreasonable
Jun 11, 2020
Entrapment by phone, posse comitatus and the US Army, Canadian mayors and riots, and inoperable cell phone convictions
Jun 04, 2020
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
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
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
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
$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
Apr 30, 2020
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
Apr 23, 2020
Child custody for front line medical workers and other urgent COVID-19 family law issues
Apr 16, 2020
Rent Distress Act needs a COVID-19 update, BC Court explains why only urgent cases, and releasing people from jail
Apr 09, 2020
Judge urges delay in driving prohibition for single mother due to COVID-19 and Quebec police stopping cars from Ontario
Apr 02, 2020
Bill C-13 - The Federal COVID-19 legislation as well as a dangerous congregation of homeless people in Victoria
Mar 26, 2020
BC courts respond to COVID-19 and emergency measures legislation both federal and provincial
Mar 19, 2020
No sick leave required by BC legislation, liability limited for a home inspection, and no municipal liability for a slip and fall on ice
Mar 13, 2020
Crimes against humanity are now part of Canadian law, ineffective snowboarding waiver signs, and an acid spill damaged thousands of vehicles
Mar 06, 2020
ICBC decisions should be subject to independent review, counselling an offence is also and offence, and aboriginal title vs sovereignty
Feb 27, 2020
Who decides how and when unlawful protesters are removed and ICBC's finances: dumpster fire or a political excuse?
Feb 21, 2020
ICBC No Fault pre-election refunds funded by delaying payments to the disabled and Uber gets an injunction
Feb 13, 2020
Quarantine legislation in Canada and the BCNDP proposes no-fault car insurance
Feb 06, 2020
Extinguishing the ICBC dumpster fire fairly
Jan 31, 2020
No appeal to the SCC over plastic bags and misleading statements by politicians concerning the Coastal GasLink Pipeline injunction
Jan 23, 2020
Suing a municipality for poor snow clearing and a finding of "Family Violence" against a father for opposing hormone treatment for child with gender dysphoria overturned
Jan 16, 2020
Distracted driving confusion, limits on liability for airlines, and the demonstration of smudging in school is permitted
Jan 10, 2020
Jail for editing the DNA of embryos to prevent HIV and class actions against Shaw and the University of Victoria
Jan 03, 2020
Canadian citizenship for the son of Russian Spies, US Super Bowl Commercials in Canada and a class action against Ticketmaster
Dec 20, 2019
Use of human reproductive material after death, procedural unfairness in transferring a transgender female inmate to a jail for men, and a note rather than a will
Dec 12, 2019
$20,000 award for an unlawful arrest for not holding a handrail, what can breach your ICBC coverage, and Law Society rules for lawyers making public statements
Dec 06, 2019
Three parents on birth registration, Sentencing where facts are disputed, and a $600,000 judgement when house purchase not completed
Nov 29, 2019
Religious oaths in court, a poisoned blueberry farm, and Police Act staffing requirements
Nov 22, 2019
Education removed from list of essential services prior to the Saanich school strike, funding for poverty law clinics, and litigation over law school naming rights
Nov 14, 2019
Saanich School Strike and the Labour Relations Code, Limitation Periods for Criminal Cases, and Credit Union Class Action for Overdraft Fees
Nov 07, 2019
Foreign Buyers' Tax discrimination and unconstitutional limits on experts in ICBC cases
Oct 31, 2019
Publication Bans, Judicial Recounts, Extradition, and Distracted Driving by an Interlock Device
Oct 24, 2019
Diplomatic Immunity, Parking Immunity, and Legal Aid Funding
Oct 17, 2019
An illegal arrest of a protester, a judge shooting himself in a courtroom, and a vacation rental injunction
Oct 11, 2019
Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings
Oct 03, 2019
Jury deliberations and Special Costs in a disability income case
Sep 26, 2019
$2 million in cash to be returned, another Trans Mountain Pipeline appeal, and why not to be your own lawyer
Sep 19, 2019
CFAX 60th Anniversary Special
Sep 13, 2019