Tragic Intersection: The Thin Line Between Mistake and Crime
When does a driving mistake become a crime? The latest Court of Appeal ruling tackles this haunting question through the case of a driver who missed a red light, causing a collision that killed an 18-month-old child and seriously injured the father. Despite the devastating outcome, the court upheld the driver's acquittal on dangerous driving charges, drawing a careful distinction between tragedy and criminality. The case illuminates the legal threshold for dangerous driving in Canada. Unlike...
29 Elo 19min
Indigenous Title vs. Private Property: The Cowichan Tribes Decision Explained
The foundation of property ownership in British Columbia faces a potential earthquake with the landmark Cowichan Tribes decision. After what may be Canada's longest trial—spanning over 500 days—the judge delivered an 800-page ruling that could fundamentally alter who truly owns land throughout the province. Michael Mulligan breaks down this complex legal battle by explaining the collision between two powerful forces: BC's Torrens property system and Aboriginal title claims under Section 35 o...
15 Elo 16min
Habeas Corpus, Cocaine Smuggling, and the End of Mink Farming
A fascinating exploration of justice, liberty, and the limits of government power unfolds through three recent BC legal cases. When a minimum-security prisoner at William Head was caught embracing a senior correctional officer, the warden's decision to transfer him to a higher-security facility backfired spectacularly. The BC Supreme Court ruled the decision "unreasonable," highlighting how even prisoners retain certain liberties that can't be arbitrarily removed. The judge particularly noted...
7 Elo 20min
Flight Compensation and Your Car Knows Too Much
Frustrated by an airline refusing compensation for your delayed flight? You might have more power than you think. Legal expert Michael Mulligan walks us through a fascinating Civil Resolution Tribunal case where passengers successfully challenged WestJet's weather-related excuses and secured $1,000 each in compensation. By gathering evidence showing other airlines operating during the supposedly problematic conditions, these passengers demonstrated how everyday Canadians can effectively navig...
31 Heinä 21min
The Hockey Canada Trial Verdict and ICBC No Fault Formula = $0
What happens when legal formulas, charge approval standards, and competing legitimate needs collide with real human lives? Today's deep dive examines three significant cases that reveal the profound human impact of our justice systems. The Hockey Canada sexual assault trial verdict brings crucial lessons about the presumption of innocence and the value of detailed judicial reasoning. Unlike jury trials that provide no explanation, this judge-alone trial delivered a comprehensive analysis of ...
24 Heinä 20min
Judge Alone Murder and Partial Expropriation Compensation
The boundaries of judicial authority in Canada have been redrawn by a groundbreaking Supreme Court ruling that empowers judges to conduct murder trials without juries—even when prosecutors object. This remarkable case emerged from the early pandemic when COVID-19 made traditional jury trials nearly impossible. A defendant, unwilling to face further delay, requested a judge-alone trial, but prosecutors refused consent. The Supreme Court ultimately sided with the trial judge who proceeded anywa...
17 Heinä 22min
Document Dumps and Fluffing Cushions
Ever wondered what happens when one party drops 4 million documents on their opponent in a lawsuit? Michael Mulligan explains the fascinating legal concept of an "impermissible document dump" through the lens of a billion-dollar dispute over the North Shore Wastewater Treatment Plant. The case reveals how modern litigation handles vast electronic records and when providing mountains of documents crosses from thorough disclosure to litigation obstruction. The contrast couldn't be greater when...
10 Heinä 21min
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
