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

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 they were dealing with involved two people who had only met in person on one occasion before they decided to spend the night together. The complaint performed fellatio, without asking the accused to wear a condom, but then asked him to put one on before engaging in intercourse. Later in the n...

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A Tennant Windfall, Dismissal for Cause, and Future Earnings

A Tennant Windfall, Dismissal for Cause, and Future Earnings

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 occupancy can escalate into a substantial monetary judgment and why procedural fairness in the Residential Tenancy Act hearings is more crucial than ever...

11 Tammi 202422min

British Columbia's Drug Policy: Decriminalization and Legal Challenges

British Columbia's Drug Policy: Decriminalization and Legal Challenges

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 in public drug consumption and the persistent scourge of drug-related fatalities. The episode takes an incisive look at BC's Restricting Public Cons...

6 Tammi 202422min

Estate Conflicts, Real Estate Fiascos, and Fisheries Act Violations

Estate Conflicts, Real Estate Fiascos, and Fisheries Act Violations

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 compelling legal case that invokes Section 103 of the Wills, Estates, and Succession Act, unravelling its role in safeguarding an estate during conten...

31 Joulu 202324min

An ICBC Class Action for Over Charging and Under Paying and Liability for a Car Dealership

An ICBC Class Action for Over Charging and Under Paying and Liability for a Car Dealership

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 grip on British Columbia's vehicle insurance. The episode delves into a class action certification that shines a light on ICBC's financial transac...

22 Joulu 202323min

Limits on Municipal Tree Protection, The Duty to Defend, and No Permit Demolition

Limits on Municipal Tree Protection, The Duty to Defend, and No Permit Demolition

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 limitations and restrictions of tree protection bylaws is crucial, as it can help property owners avoid unnecessary legal disputes. Our exploration didn't...

14 Joulu 202321min

Oral Agreements, Conservation Laws, and Provincial Power to Remove City Councillors

Oral Agreements, Conservation Laws, and Provincial Power to Remove City Councillors

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 mother's estate, a testament to the importance of arranging your affairs properly. The concept of consideration, joint tenancy and how your decision...

7 Joulu 202322min

The Plastic Ban Unreasonable and Unconstitutional and Government Intrusion in the Legal Profession

The Plastic Ban Unreasonable and Unconstitutional and Government Intrusion in the Legal Profession

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 judge due to lack of evidence. Furthermore, the government's jurisdiction to regulate garbage and related matters was questioned, as it falls under pr...

30 Marras 202322min

The BC Constitution Act and the removal of MLAs or City Councillors

The BC Constitution Act and the removal of MLAs or City Councillors

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 subject has become a hot topic following recent upheaval over a Victoria city councillor's controversial letter. However, the BC Constitution Act g...

23 Marras 202322min

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