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
Child custody for front line medical workers and other urgent COVID-19 family law issues
Should 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 int…
Rent Distress Act needs a COVID-19 update, BC Court explains why only urgent cases, and releasing people from jail
The 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 seizu…
Judge urges delay in driving prohibition for single mother due to COVID-19 and Quebec police stopping cars from Ontario
A 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…
Bill C-13 - The Federal COVID-19 legislation as well as a dangerous congregation of homeless people in Victoria
Bill 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 Emerg…
BC courts respond to COVID-19 and emergency measures legislation both federal and provincial
Both 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,…
No sick leave required by BC legislation, liability limited for a home inspection, and no municipal liability for a slip and fall on ice
BC 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 t…
Crimes against humanity are now part of Canadian law, ineffective snowboarding waiver signs, and an acid spill damaged thousands of vehicles
The 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…
ICBC decisions should be subject to independent review, counselling an offence is also and offence, and aboriginal title vs sovereignty
If 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, …
Who decides how and when unlawful protesters are removed and ICBC's finances: dumpster fire or a political excuse?
Who 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,…
ICBC No Fault pre-election refunds funded by delaying payments to the disabled and Uber gets an injunction
This 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, wit…
Quarantine legislation in Canada and the BCNDP proposes no-fault car insurance
On 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 gov…
Extinguishing the ICBC dumpster fire fairly
On the show this week: ICBC. The government-owned insurance company has run into financial difficulty as a result of both how the company has been operated, and political decisions to take money that…
No appeal to the SCC over plastic bags and misleading statements by politicians concerning the Coastal GasLink Pipeline injunction
Topics discussed on the show this week include the Supreme Court of Canada refusing an application by the City of Victoria for leave to appeal a decision by the BC Court of Appeal that the city lacke…
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
Two new British Columbia Court of Appeal decisions are discussed on the show this week.
When can you sue a municipality for an injury caused by poorly cleared snow?
The Court of Appeal provided some …
Distracted driving confusion, limits on liability for airlines, and the demonstration of smudging in school is permitted
The Motor Vehicle Act distracted driving provisions are in need of an update in order to both provide clarity, and to address technological changes that have taken place over the past ten years.
As a …
Jail for editing the DNA of embryos to prevent HIV and class actions against Shaw and the University of Victoria
Three Chinese scientists were sentenced to jail for editing the genes of three fetuses in an attempt to provide immunity from HIV. The scientist used CRISPR in an attempt to disable the gene that all…
Canadian citizenship for the son of Russian Spies, US Super Bowl Commercials in Canada and a class action against Ticketmaster
The Supreme Court of Canada has ruled that a man, born in Canada, to parents who were undercover Russian spies, is a Canadian citizen.
This decision, and two others, including a finding that the CRTC…
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
The first topic on the show: Sperm, recovered from a man shortly after his death, pursuant to an interim court order, will not be provided to the man’s wife because the man had not provided his writt…
$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
Police officers in Montreal believed that a warning picture on an escalator, suggesting that people hold the handrail, made this a legal requirement. The police officers ordered a woman to hold onto …
Three parents on birth registration, Sentencing where facts are disputed, and a $600,000 judgement when house purchase not completed
What’s required for three people to be listed as parents on birth certificates, for children of a same-sex couple, who were conceived with sperm from a friend, who also wished to participate in raisi…