Automatism, Horizontal stare decisis, and ICBC No Fault in the BCCA

Automatism, Horizontal stare decisis, and ICBC No Fault in the BCCA

This week on Legally Speaking with Michael Mulligan: Criminal offences require two things, often described with Latin names: actus reus and mens rea. Actus reus is an intentional physical act. Mens rea is a guilty mind. We don’t wish to convict people for physical acts that were not intentional: crashing your car when you have a heart attack or tripping and falling into someone else would not be criminal offences, even if someone else was injured. We also don’t want to convict people who...

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Jaksot(312)

From UBC Sticker Defamation To GST Liability To Work From Home Rights

From UBC Sticker Defamation To GST Liability To Work From Home Rights

A campus sticker dispute, a GST mistake that snowballs for years, and a pre-COVID work-from-home fight all end up in the BC Court of Appeal, and the common thread is proof. We walk through a defamatio...

16 Heinä 20min

When Police Records Disappear

When Police Records Disappear

A province says a police misconduct record is sealed and destroyed. The Supreme Court of Canada says a fair trial can’t work that way. We walk through a major ruling on criminal disclosure and why it ...

9 Heinä 21min

Aboriginal Title And The Future Of Private Land

Aboriginal Title And The Future Of Private Land

A court ruling can change more than a headline, it can change how safe you feel about the basics: owning property and trusting the people who handle your money. We walk through a remarkable British Co...

2 Heinä 20min

When Governments Write The Rules To Sue

When Governments Write The Rules To Sue

A province suing over opioids is one thing. A province passing a statute that makes it easier for itself to sue, then launching a sweeping class action on that foundation, is something else entirely. ...

25 Kesä 20min

What Counts As A Right When There’s Nowhere To Sleep

What Counts As A Right When There’s Nowhere To Sleep

A city changes a bylaw, two parks get added to a no-camping list, and suddenly the real question isn’t “is this fair?” but “who has the legal power to decide?” We walk through a fresh BC Supreme Court...

19 Kesä 19min

Punitive Damages For Political Firing

Punitive Damages For Political Firing

A public servant gives three decades to the province, then gets fired without cause on the very day a government is about to fall. The BC Supreme Court doesn’t just disagree with how it was handled, i...

12 Kesä 21min

When Poker Winnings Become Taxable

When Poker Winnings Become Taxable

A million-dollar poker run sounds like the ultimate loophole, until the CRA decides it looks like a job. We talk with criminal defence lawyer Michael Mulligan about a Supreme Court of Canada leave dec...

4 Kesä 22min

Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road

Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road

A locked gate at a kids’ camp sounds like a small-town nuisance until you trace it back to 1935 and forward to a trial date in 2027. We dig into a Greater Victoria dispute where companies say a histor...

28 Touko 21min

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