Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional

Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional

This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has created a new, very high hurdle for a judge to dismiss applications in criminal cases summarily without allowing the party making the application to call evidence. The case that gave rise to the issue involved an application for a stay of proceedings brought by two men found guilty of six murder charges. The trial judge refused to hear an application for the stay of proceedings based on several allegations...

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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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