Election Act voting requirements for mail in ballots, and third party advertising rules
Because the British Columbia provincial election was called suddenly none of the political parties have candidates nominated in all ridings. As a result of COVID-19, many people have also requested mail-in ballots. Without candidates having been determined yet, the mail-in ballots being distributed simply have a blank space to write in the name of the candidate you wish to vote for. When asked about the voting procedure, the premier incorrectly suggested that people could write in vario...
1 Okt 202023min
The Lascelles Principles - when a Premier or PM can't demand an election, an annulment for impotence and a false claim to inherit a house
The premier of a province doesn’t actually have the authority to call an election. Authority to dissolve the legislature and call an election resides with the Lieutenant Governor. Ordinarily, the Lieutenant Governor would call an election at the request of the premier. In unusual circumstances, such as those that currently exist in British Columbia, she will have a choice to make. The circumstances where a request for an election could be refused by the Lieutenant Governor were described by S...
18 Sep 202021min
COVID-19 school disputes, parenting coordinators, reports from trial judges for appeals, management fees and interest
This week on Legally Speaking with Michael Mulligan: As schools attempt to reopen for in-person instruction, amidst increasing COVID-19 infection rates, disputes between separated parents over sending children back to school have started showing up in court. Disputes of this kind are analyzed based on the best interest of the child. In a recent case of this kind, despite the increased risk to a grandparent, and mother of the father’s new domestic partner, a court-ordered that the ...
10 Sep 202022min
An illegal Airbnb contract not enforceable in court, a class action for a data breach, and the BC legislature irrationally changes the pay of judges
This week on Legally Speaking with Michael Mulligan: A claim for an alleged breach of contract to rent a property so as to permit it to be used as an Airbnb is denied on the basis that the short-term rentals are not lawfully permitted. Contracts involving illegal activity are not enforceable in court. You can't sue if someone breaches an agreement to pay for illegal drugs, for example. This same issue can arise where there are contracts intended to evade taxation by paying cash. Also di...
3 Sep 202022min
A court application to stop unsafe school reopening, legislation prohibiting claims for COVID-19, and firing justified for not wearing safety equipmenet
This week on Legally Speaking with Michael Mulligan: Two fathers have filed a petition in the British Columbia Supreme Court to prevent schools from reopening without adequate COVID-19 safety protocols. In order to permit schools to reopen, the latest provincial Public Health Act order that sets out safety requirements for virtually any public gathering simply exempts schools. The protocols that schools are excluded from include measures such as wearing masks, allowing sufficient space ...
27 Aug 202022min
Bitcoin litigation, police authority to stop vehicles has limits, and jurisdiction over a family law case for an international sailing couple
This week on Legally Speaking with Michael Mulligan: In 2018 a BC man made an agreement to sell 50 bitcoins for $10,700 each for a total of $535,000. The purchaser didn’t complete the purchase of the bitcoin, so the prospective seller sued. The person who was sued claimed that he didn’t enter into the contract personally, but did so on behalf of a company, Einstein Exchange Inc. that went bankrupt and ceased operations in October of 2019. When someone enters into a contract on behalf of ...
20 Aug 202023min
A neighbour dispute leads to a jackhammered retaining wall and a $16,000 award, Dangerous vs Long-Term Offender classifications, and a costs award against a lawyer
This week on Legally Speaking with Michael Mulligan: A long-running neighbour dispute over garbage, grass clippings, dog feces, a dead snake on a trampoline, and a retaining wall consumes 13 days of court time and results in a $16,000 award. One of the feuding neighbours spray painted and then jackhammered a concrete retaining wall that protruded a few inches onto his property. Absent a danger to life, or some other emergency, the law doesn’t permit a property owner to engage in a self-h...
17 Aug 202021min
Police Act public inquiry into transit police assault of black UBC student, judicial salaries and cabinet documents, and UBC appeals a $1.15 million Fisheries Act fine
In 2011 a black, 22-year-old, UBC student went to the upper deck of a SkyTrain station to meet a friend. As he was not planning to ride the SkyTrain, he did not purchase a ticket, despite being in a “fare paid” zone. When he received a message from his friend, advising of a change of plans, he started to walk down the stairs at the SkyTrain station. Two transit police officers approached the student, and after a five-minute discussion, wrongly concluded he had provided a false name. The...
8 Aug 202020min
