Legally Speaking with Michael Mulligan
Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
- Update frequency
- every 6 days
- Average duration
- 22 minutes
- Episodes
- 271
- Years Active
- 2019 - 2025
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
This 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 …
A court application to stop unsafe school reopening, legislation prohibiting claims for COVID-19, and firing justified for not wearing safety equipmenet
This 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 protocol…
Bitcoin litigation, police authority to stop vehicles has limits, and jurisdiction over a family law case for an international sailing couple
This 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 …
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
This 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 c…
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
In 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 …
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
As 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 …
Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court
Jury 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 conduc…
Legal requirements for the police to arrest or detain someone, and AG consent required to prosecute an offence on an international flight
This 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, var…
Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog
This 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 …
Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation
This 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 …
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
This 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 o…
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
This 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 th…
Conservation officer improperly fired for refusing to kill bear cubs, legal protections for police officers in Canada, and refusing to allow a lawyer unreasonable
In 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 d…
Entrapment by phone, posse comitatus and the US Army, Canadian mayors and riots, and inoperable cell phone convictions
Can 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 opportu…
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
In 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 ex…
COVID-10 and bail, the Criminal Defence Advocacy Society calls for courts to reopen, and a jury trial by Zoom in Texas
COVID-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 cor…
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
Does 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 th…
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
Vancouver 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 …
$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
In 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 co…
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
The 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 wil…