Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
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Crime and Disorder: Addiction, Mental Illness and Drug Policy vs Bail?
21:53
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Can changing bail laws solve the epidemic of drug addiction and mental illness plaguing British Columbia? Join us as Michael Mulligan challenges the status quo, making the case that the province's focus on bail reform is a misstep. Instead, Mulligan argues for a more holistic approach that prioritizes comprehensive treatment resources to tackle the…
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Crown Costs for Notes in Ether , Gold Coin Marriange, and Coffee Shop Slip and Fall
22:46
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Ever wondered how a simple oversight can cost thousands in the legal world? Join us in this episode of Legally Speaking as we examine a pivotal case in the Canadian criminal justice system where the Crown's failure to hand over essential police notes in an impaired driving case led to a hefty financial penalty. We delve into the consequences of thi…
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Solicitor-Client Privilege, Wiretaps, and the BC Government's Efforts to Control Lawyers
23:19
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Ever wondered how far the boundaries of solicitor-client privilege extend? Join us in a riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we explore the critical nuances of wiretaps and lawyer-client communications. Starting with a fascinating case from Saskatchewan, we uncover the story of a lawyer acquitted of obstructi…
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RCMP Conviction for Obstruction of Justice and the SCC on Securities Fraud and Bankruptcy
22:27
22:27
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What if the justice system could truly hold police accountable? Explore the intricate and troubling case from Prince George, starting with a tragic encounter between an Indigenous man and RCMP officers that led to his death. We'll unravel the story of a bystander's crucial video evidence, its controversial deletion, and the ensuing legal battles th…
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Chaos in Court: Overturned Contempt Conviction and Medical Negligence Explored
23:16
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How can courtroom chaos lead to a year-long prison sentence being overturned? Discover the riveting story of a man's disruptive behaviour during his trial that led to a contempt conviction. Find out why his relentless pseudo-legal arguments and interruptions didn't hold up as the Court of Appeal stepped in to reverse the decision. We break down the…
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Unpacking Tragedy and Justice: Manslaughter Sentencing & Wrongful Dismissal Insights
22:59
22:59
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What happens when a tragic act of violence intersects with mental illness and substance abuse? Join us on Legally Speaking as we unpack the heart-wrenching case of a 25-year-old Indigenous man in Trail, BC, who fatally attacked a 78-year-old stranger. This episode challenges the simplistic narrative of violent acts as mere bail system failures. We …
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8.5 Years in Jail for Driving, HPV Vaccine dispute, and a Driving Appeal by 80 Year Old
22:53
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What happens when the law collides with contentious family decisions and public safety? Join us as we sit down with Michael Mulligan, a barrister and solicitor from Mulligan Defence Lawyers, to dissect a variety of complex legal scenarios. From the stringent criteria required to appeal to the Supreme Court of Canada to a severe sentence handed down…
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Employment Law, Language Rights, and Wildfire Liability
23:07
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Can employers terminate employees without cause, and what are the legal nuances involved? Michael Mulligan from Mulligan Defence Lawyers to unravel a recent Court of Appeal decision in British Columbia surrounding wrongful dismissal, notice, and an employment contract. We dissect the case of a senior employee from Harbour Air Seaplanes who was let …
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Informer Privilege vs. Fair Public Trials and Damages for a Puck Injury
22:58
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What happens when the right to a fair and public trial clashes with the need to protect informer confidentiality? This episode of our podcast takes you through a riveting journey into the complex world of informer privilege and the right to a transparent judicial process. We scrutinize a landmark Supreme Court of Canada decision involving a secret …
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ICBC Privacy Breach, Royal Bank Sues over Visa Bill and Looses, and a Tree Dispute
23:25
23:25
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Can corporations truly safeguard your privacy, or are we all at risk? Join us as we tackle this pressing question with Michael Mulligan from Mulligan Defence Lawyers. In one of the most startling cases in recent memory, we dissect how an employee at the Insurance Corporation of British Columbia (ICBC) sold personal information, resulting in arson a…
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Unnecessary Mastectomy Damages and Rape Shield Laws
22:19
22:19
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How does a jury decide the value of the emotional and physical toll from a medical misdiagnosis? Join us as we explore a poignant case where a woman was mistakenly diagnosed with breast cancer and underwent unnecessary surgery, leading to a $400,000 jury award. We'll unravel the stringent criteria needed to hold a doctor legally accountable and dis…
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Threats to Legal Independence in British Columbia and House Arrest for Manslaughter
22:51
22:51
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Could the very pillars of legal independence be shaking in British Columbia? Michael Mulligan, Barrister and solicitor of Mulligan Defence Lawyers, joins us in dissecting the controversial Legal Professions Act. His perspective shines an unflinching light on how this act could threaten the impartiality crucial to our justice system and the public i…
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Skid Steers as Weapons and the Continued Legal Battles Over Health Worker Vaccinations
22:09
22:09
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Discover the unexpected legal twist when a skid steer transforms from a farm machine into an alleged weapon! Michael Mulligan, our expert from Mulligan Defence Lawyers, is back to dissect a peculiar case from Vernon where a man faces assault charges for using his skid steer in a dispute with homeless trespassers. Learn what makes a skid steer a "we…
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Legal Language and the Realities of Drug Enforcement in BC
20:10
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Discover the true impact of British Columbia's drug policy changes and the possible re-criminalization of hard drugs in public spaces as we navigate the labyrinthine details of Section 56 of the Controlled Drugs and Substances Act. With the guidance of Michael Mulligan from Mulligan Defence Lawyers, our latest conversation illuminates the gaps betw…
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Appeal Bail for Green Party Deputy Leader, Security Guard Guilty of Manslaughter and the Escheat Act
23:28
23:28
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Prepare to be engrossed as Michael Mulligan from Mulligan Defence Lawyers dissects the intricate case of Ms. Davidson, deputy leader of the federal Green Party, whose criminal contempt conviction has stirred debate. The fine line between staunch activism and legal adherence is put to the test in our discussion of her bail pending appeal. We'll expl…
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The Presumption of Innocence, Bail, and an RCMP Officer Appeals His Conviction
22:20
22:20
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Join the riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we unravel the complexities of the presumption of innocence in a special episode that delves into the legal labyrinth following a man arrested for multiple carjacking incidents. Mulligan illuminates the difficult decision points for police post-arrest and lays bar…
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Opposition to a BCNDP Attempt at Political Interference with Legal Regulation, Manslaughter at Costco and Indigenous Justice Funding
22:31
22:31
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Prepare to navigate the tumultuous waters of legal reform and societal justice with our guest, Michael Mulligan from Mulligan Defence Lawyers. Our latest episode peels back the layers of Bill 21, a contentious BCNDP legislation aimed at bringing the regulator of lawyers in British Columbia under political control. Feel the electric tension as we di…
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The Battle for Independence: Assessing the Impact of Bill 21 on British Columbia's Legal System
21:48
21:48
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British Columbia's legal system faces a seismic shift with Bill 21, a move that could rock the bedrock principle of lawyer independence. As the government nudges its way into the Law Society's boardroom, we're left pondering: will the scales of justice tilt in favour of those in power? This episode pulls back the curtain on the potential repercussi…
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The Legal Systems of Canada and New Zealand and Their Impact on Indigenous People and Drug Laws
23:35
23:35
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Embark on a journey through Canada and New Zealand's legal intricacies with Michael Mulligan from Mulligan Defense Lawyers as we dissect how these common law cousins approach justice, representation, and the battle against drugs. You'll be captivated by our discussion highlighting the disparities in Indigenous peoples' representation in the prison …
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Preserving the Independence of the Legal Profession in British Columbia
22:48
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Discover the fate of legal independence in British Columbia as Michael Mulligan from Mulligan Defence Lawyers lends his expertise to the latest legal system 'modernization' attempts. This week's episode pulls back the curtain on the government's controversial plans to revamp the Law Society of British Columbia, including a reduction in elected lawy…
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Healthcare, Homicide, and the Scales of Justice in Canada
21:56
21:56
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Discover the intricate dance of legality and medicine as we sit down with Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, dissecting a lawsuit that could transform the landscape of healthcare in British Columbia. The Society for Canadians Studying Medicine Abroad, representing future doctors trained overseas, is challenging …
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Digital Privacy and Drug Decriminalization Litigation in BC
23:53
23:53
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Understand the groundbreaking shift in digital privacy through an engaging conversation with Michael Mulligan of Mulligan Defence Lawyers as we dissect a recent Supreme Court of Canada judgment. The verdict is reshaping how we perceive privacy concerning our IP addresses, which, as it turns out, are windows into our personal lives and not just inno…
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Unlawful Halding of Evidnce Ends a Murder Trial and First Nation's Rights vs Electricity
22:18
22:18
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Discover the thin line between lawful investigation and constitutional breaches with our expert Michael Mulligan from Mulligan Defense Lawyers. We dissect a murder case where evidence handling sparked controversy and an acquittal that left many questioning the integrity of the investigation. Dive into a profound discussion on the procedural misstep…
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Dentist Drama, Extradition Dilemmas, and Condo Conflict
23:44
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Have you ever grappled with the intricate workings of the legal system or wondered how an ordinary person can fare against its complexities? Michael Mulligan from Mulligan Defense Lawyers joins us to unpack a gripping small claims court drama where a patient fearlessly faces a dentist over accusations of negligence. Walk through the courtroom doors…
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The Presumption of Destruction, Small Airline Seats, and Character Evidence
24:08
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Unlock the secrets of safeguarding your last wishes with a captivating narrative from Quadra Island, where an elderly lady's lost will sets off a legal firestorm over the presumption of destruction. As I narrate this tale of vanished legacies, you'll discover the critical importance of not only crafting a meticulous will but also ensuring its safek…
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BC Religious Property Tax Exemption and No Power for Cryptocurrency
22:39
22:39
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From the sanctified grounds of religious buildings to the surprising sanctuaries for fruit trees and bomb shelters, we probe the public policy implications when specific properties are relieved from bearing the tax burden, leaving others to shoulder the financial weight. Our discussion navigates the murky waters of the Rural Area Taxation Act, shed…
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The Impact of proposed Land Act Amendments, Contract Frustration and Municipal Censure Overturned
23:08
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Discover the far-reaching consequences of proposed changes to the Land Act in BC. With 94% of BC's land owned by the Crown, changes that would afford First Nations groups veto power over land use decisions could have a profound impact on how the province is governed. The provincial government's attempt to make the changes without a transparent cons…
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Emergencies Act Ruling and Construction Liability
22:58
22:58
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Unravel the complexities of Canadian law with barrister and solicitor Michael Mulligan, as he clarifies a major court decision on the government's use of the Emergencies Act during the 2022 trucker protest. Grasp the intricacies of why the court found this move both unreasonable and unconstitutional, and how it could signify a turning point for civ…
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Protesters, Pigs, Trusts and Soccer Tackle Liability
22:49
22:49
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This episode brings to the forefront the delicate balance between activism and legality, alongside the intricate nature of estate planning. The discussions offer invaluable insights for anyone interested in how the legal system addresses these often contentious issues. We are also introduced to animal rights protesters who took drastic measures to …
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A Tennant Windfall, Dismissal for Cause, and Future Earnings
22:36
22:36
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Navigate the complexities of landlord-tenant relationships with the expertise of Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, who joins us to unravel a contentious case where legal procedures and personal rights collide. As we dissect the Duncan case, you'll gain an understanding of how a simple notice for personal occupa…
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British Columbia's Drug Policy: Decriminalization and Legal Challenges
22:43
22:43
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Dive into the heart of British Columbia's drug policy transformation with the sharp legal insight of Michael Mulligan from Mulligan Defense Lawyers. Unravel the threads of the decriminalization initiative and the controversial exemption sparking debate from the streets to the courtroom. Amidst the policy shifts, we scrutinize the troubling uptick i…
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Estate Conflicts, Real Estate Fiascos, and Fisheries Act Violations
24:01
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Navigating the intricate labyrinth of inheritance law, Michael Mulligan from Mulligan Defense Lawyers illuminates the conflicts that can ensnare beneficiaries doubling as executors of wills. Our conversation scrutinizes the importance of meticulous estate planning and the often-overlooked wisdom of appointing an impartial executor. We dissect a com…
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An ICBC Class Action for Over Charging and Under Paying and Liability for a Car Dealership
23:36
23:36
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When it comes to understanding the intricate legalities surrounding car accidents and insurance monopolies, there's no better guide than Michael Mulligan from Mulligan Defence Lawyers. In a revealing podcast episode, Mulligan elucidates murky financial arrangements at the Insurance Corporation of British Columbia (ICBC), a Crown corporation with a …
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Limits on Municipal Tree Protection, The Duty to Defend, and No Permit Demolition
21:58
21:58
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We started by discussing a captivating case from Central Saanich, a family farm at the center of a contentious legal dispute over tree protection bylaws. As we delved deeper into the case, we questioned the extent of the Community Charter's power on municipalities and whether farming should be classified as 'development'. Understanding the limitati…
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Oral Agreements, Conservation Laws, and Provincial Power to Remove City Councillors
22:43
22:43
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Ever wondered about the potential pitfalls of inadequate paperwork and the enforceability of oral agreements? Well, buckle up! We've got Michael Mulligan, a seasoned Barrister and Solicitor, guiding us through some intriguing legal scenarios that just might make you rethink your decisions. We unpack a fiery dispute between two brothers over their m…
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The Plastic Ban Unreasonable and Unconstitutional and Government Intrusion in the Legal Profession
22:11
22:11
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We start the episode by discussing the federal government's attempt to ban various plastic items. The ban was met with constitutional challenges from the Responsible Plastic Use Coalition and two provinces, Alberta and Saskatchewan. The federal government tried to classify plastic as 'toxic', a categorization that was deemed unreasonable by the jud…
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The BC Constitution Act and the removal of MLAs or City Councillors
22:10
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In our recent podcast episode, we delved deep into the complexities of the British Columbia (BC) Constitution Act, focusing on the potential reasons a member of the legislative assembly (MLA) could forfeit their seat. These reasons can range from absenteeism and allegiance to foreign powers to dual citizenship and serious criminal convictions. The …
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BCNDP vs. Crown Counsel Association, a Fence Dispute and an Eviction for Safety
23:13
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In British Columbia, the Crown Counsel Association negotiates wages, salary hours or work, and working conditions for Crown Counsel. In 2018, the BC government decided to have Crown Counsel, rather than the police, conduct bail hearings at night and on weekends. Rather than negotiating with the Crown Counsel Association, the BC government made a un…
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BC Proposes Changes that Would Undermine the Independence of Lawyers
22:53
22:53
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Many professions such as doctors, engineers, and architects are regulated to ensure that people providing services to the public are properly trained and competent to practice. The need for this is clear: you want to ensure people receive good medical care and the buildings and bridges don't fall down. The regulation of lawyers has this objective a…
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Third Party Records, Probable Guilt Punishment, and Injunctions in Defamation Cases
22:49
22:49
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Get ready to plunge into the riveting world of legal complexities as we welcome Michael Mulligan, a seasoned barrister and Solicitor, to our podcast. Packed with insights and thought-provoking perspectives, we'll unravel the collateral consequences of committing an offence and the intricate aspects of third-party records in criminal cases. Mulligan…
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Property Rights and the Short Term Rental Accommodations Act in British Columbia
23:05
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Who says law and property rights can't be riveting? Brace for a legal deep dive unravelling the complexities of the Short Term Rental Accommodations Act in British Columbia. It's not every day you get to compare it to governmental property seizure, but we dare to tread those intriguing waters. We pick apart the legal precedents for compensation in …
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The BC Heroin Treatment Act and Delays in Civil Cases
23:05
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Join us this week where we'll be opening the vault of Canada's legislative past with legal expert Michael Mulligan. Trust us, you won't want to miss this deep dive into the controversial British Columbia Heroin Treatment Act of 1979. Together, we'll unravel the context of the Opioid Crisis of the late 70s and today, investigating the eerily similar…
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Public Drug Use Prohibited Only If Asked and the Tort of Misfeasance in Public Office
23:00
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Do you feel like you’re reading a different language when you look at legal documents? You’re not alone. We’ve brought in legal expert Michael Mulligan to decipher Bill 34, the Restricting Public Consumption of the Legal Substances Act, and it’s not what you’d expect. This piece of legislation doesn't public drug use anywhere unless someone is firs…
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Stepparent Child Support, Adoption without Consent and Band Council Fiduciary Duty
23:54
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Strap in for a thrilling conversation with Barrister and Solicitor, Michael Mulligan, as we navigate the tricky terrain of family law and indigenous governance. Curious about how the court defines a 'spouse' and how that affects child support? We dissect a case of a former stepfather, compelled to shoulder significant monetary responsibilities for …
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Loss of Support from a Child, Mineral Exploration vs DRIPA and the BC Legislature vs a Union
23:05
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This week on Legally Speaking with Michael Mulligan: Before the introduction of mandatory no-fault ICBC insurance in May of 2021, if someone was killed in a motor vehicle accident, the deceased's family could sue the person responsible for the accident to receive compensation for at least the financial loss of a loved one. This typically occurred w…
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When Guinea Fowl aren't Fowl and Negligence vs Eviction for Marijuana Sales on Reserve
23:53
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Buckle up for a wild ride as we navigate the intricacies of some fascinating legal cases on Legally Speaking with Michael Mulligan. He's a barrister and solicitor at Mulligan Defence Lawyers. First up, a woman, her guinea fowl, and a bylaw that isn’t as black and white as it seems. Discover how this fascinating case hinged on the interpretation of …
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This week on Legally Speaking with Michael Mulligan: An analysis of various policy proposals the BC United Party issued concerning the criminal justice system. The proposals include hiring additional police and Crown, ending the decriminalization of drugs, funding body cameras for all police, opening more courts, and pursuing civil claims against p…
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A Noisy Union, Court Costs Award Against a Strata, and the Mental Health Act
23:07
23:07
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An application to find a union in civil contempt for breaching an injunction against making noise while picketing at three Vancouver Airport Hotels failed because of the wording of the injunction, which only prohibited noise above 75bBA if made by various specified devices. The evidence demonstrated that the noise was above the prohibited threshold…
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Failing to Provide Necessities, Service of an Injunction and War Crimes Prosecutions
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Most criminal offences in Canada involve prohibitions on doing things that would harm others. It is rare that the criminal law will require someone to do something. An exception to this is the offence of failing to provide the necessities of life. It is a criminal offence for a list of people, including parents, foster parents, and spouses to not p…
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MVA Death Sentence, ICBC Data Breach Class Action and Appeal Bail
22:47
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What if you found yourself at the receiving end of a judicial system, prosecuted for a fatal accident with no evidence of intoxication, excessive speeding, or aggressive driving? This is the tragic reality for a 21-year-old driver with no history of bad driving or criminal record, facing a heart-wrenching sentencing decision. Join us as we unravel …
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