Trespass damages, Caveat Emptor for a house purchase and Charter breach = reduced sentence

Trespass damages, Caveat Emptor for a house purchase and Charter breach = reduced sentence

This week on Legally Speaking with Michael Mulligan: When someone trespasses on property by building or installing something on it without permission, damages can be awarded. The amount of such an award will depend on the circumstances: a)nominal damages if the owner had not proven any actual loss b)actual damages suffered by the owner; or c)damages equal to a sum that should reasonably be paid by the trespasser for the use of the land. In the appeal discussed on the show, a neighbour was...

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Legal Loopholes: The Million-Dollar Bitcoin Heist

Legal Loopholes: The Million-Dollar Bitcoin Heist

What happens when a sophisticated scammer steals over half a million dollars in Bitcoin through a phone company's security failure? And more importantly, can you even take them to court? The answer is more complicated than you might think, as we explore in this eye-opening legal examination of consumer rights in the digital age. A British Columbia resident fell victim to an elaborate fraud when someone impersonated a Rogers technician, convinced a retail employee to enable screen sharing, an...

4 Heinä 20min

When Nine-Year-Old Charleigh's Life Hangs on a Ministerial Decision

When Nine-Year-Old Charleigh's Life Hangs on a Ministerial Decision

What happens when a child's life depends on a medication that costs nearly a million dollars per year? In this eye-opening conversation with Michael Mulligan of Mulligan Defence Lawyers, we take a deep dive into the tragic case of nine-year-old Charleigh Pollock from Langford, who suffers from the rare genetic disorder Batten disease. Mulligan walks us through the complex web of legislation governing medication coverage in British Columbia, revealing the stark truth about how these life-or-d...

27 Kesä 21min

Bible, Chicken, or Dog? The Bizarre World of Courtroom Oaths

Bible, Chicken, or Dog? The Bizarre World of Courtroom Oaths

The legal landscape in Canada continues to evolve with significant implications for sexual assault cases, courtroom procedures, and sentencing guidelines. A groundbreaking Supreme Court of Canada decision has overturned a British Columbia sexual assault conviction in a case where prosecutors introduced evidence about the complainant's sexual inexperience without proper screening. The Court established that "sexual inactivity evidence" – including statements about virginity or lack of sexual ...

20 Kesä 22min

Supreme Court of Canada Orders Acquittal: A Miscarriage of Justice

Supreme Court of Canada Orders Acquittal: A Miscarriage of Justice

What happens when crucial evidence is withheld from the defence in a murder case? The devastating consequences unfolded in a tragic BC case where a woman's life was completely shattered after being wrongfully convicted in connection with a toddler's drowning death. The Supreme Court of Canada recently ordered an acquittal for a woman who served a year in prison after pleading guilty to criminal negligence causing death. She made this plea without knowing that Crown prosecutors had withheld 1...

12 Kesä 22min

Legal Fixtures and Your Home Purchase

Legal Fixtures and Your Home Purchase

Navigating the legal maze of property transactions and civil judgments requires understanding nuances that aren't always obvious. Michael Mulligan, barrister and solicitor with Mulligan Defence Lawyers, unpacks two fascinating cases that illuminate these complexities. First, Mulligan explores a cautionary tale about what constitutes a "fixture" in home purchases. When buyers discovered a beloved dresser missing after taking possession—revealing holes in the wall behind it—they sued for $7,43...

6 Kesä 21min

When Dogs Bite and Gas Stations Annoy: Legal Insights with Michael Mulligan

When Dogs Bite and Gas Stations Annoy: Legal Insights with Michael Mulligan

Ever wondered if your dog could land you in legal hot water? Or what happens when your neighbour's business becomes an unbearable nuisance? Legal expert Michael Mulligan returns to Legally Speaking with three captivating cases that reveal the fascinating intersection of everyday life and Canadian law. The spotlight first falls on Juliet, a miniature Australian shepherd whose elevator encounter led to a $4,800 claim after she allegedly bit a woman's hand. Mulligan unpacks the surprising legal...

29 Touko 22min

Through the Legal Looking Glass: BC Court Cases That Matter

Through the Legal Looking Glass: BC Court Cases That Matter

The BC Court of Appeal has delivered a significant ruling that serves as a stark warning to property sellers: crossing out questions on disclosure forms doesn't eliminate your responsibility to be truthful. When a seller drew lines through all disclosure questions, writing only that the property was tenant-occupied and he'd never lived there, he created a legal nightmare for himself. After discovering an unpermitted addition, the buyer backed out – but the seller kept the $300,000 deposit and...

23 Touko 21min

The Legal Case of Ferb: A Dangerous Dog on Trial

The Legal Case of Ferb: A Dangerous Dog on Trial

What does it take to sentence a dog to death? Far less than you might think. In our latest deep dive into fascinating legal territory, we explore a heartbreaking case from Kamloops where a pit bull named Ferb faced the ultimate penalty under BC's dangerous dog laws. The story weaves through a tragic background - Ferb, stabbed five times as a puppy before being rescued, later found himself implicated in the killing of a neighbour's collie. What makes this case particularly compelling is...

16 Touko 21min

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