Subway vs Budway, Highlands mine in the BCCA, and privacy vs open courts

Subway vs Budway, Highlands mine in the BCCA, and privacy vs open courts

This week on Legally Speaking with Michael Mulligan: Budway, a Vancouver marijuana store, has been using a logo similar to the Subway sandwich logo. Budway also had a mascot in the form of a submarine sandwich filled with cannabis leaves, with bloodshot, half-open eyes. Subway sued Budway, alleging various breaches of the Trademarks Act. One of the issues in the case was whether what Budway was doing amounted to “passing off” This can occur if consumers could be misled into believ...

Avsnitt(279)

Fraudulent mass mailing search warrant, bulk COVID adjournments and unsightly garbage bin acquittal

Fraudulent mass mailing search warrant, bulk COVID adjournments and unsightly garbage bin acquittal

This week on Legally Speaking with Michael Mulligan: The USA and Canada have a treaty that provides for mutual legal assistance in the investigation of criminal matters. Pursuant to this treaty, the Minister of Justice of Canada, at the request of the USA, applied for and obtained a search warrant for two Vancouver companies being investigated for sending fraudulent mass-mailed solicitations that were believed to be financially exploiting vulnerable people. Applications for search...

15 Apr 202123min

Duty to defend metal in eye of NHL goalie, 13kg of heroin in the trunk, and a $90K telephone scam

Duty to defend metal in eye of NHL goalie, 13kg of heroin in the trunk, and a $90K telephone scam

This week on Legally Speaking with Michael Mulligan: In August of 2015, Mr. Upton was attempting to straighten a bent metal plate from the steering mechanism of his 1955 Chevrolet Bel Air. He had removed it from the vehicle, placed it on a concrete step in his backyard, and was hitting it with a sledgehammer. Mr. Sexsmith was visiting Mr. Upton and watching his car repair efforts. Unfortunately, on the last occasion Mr. Upton struck the metal plate with the sledgehammer, the plate flew into t...

8 Apr 202121min

Home theft by title fraud, defamation for false claim of sexual abuse on Facebook, child support and bankruptcy

Home theft by title fraud, defamation for false claim of sexual abuse on Facebook, child support and bankruptcy

This week on Legally Speaking with Michael Mulligan: Land title fraud can result in the loss of your home. Efforts to fraudulently impersonate property owners have increased along with the use of remote transactions. With property, other than real estate, if someone steals something and then sells it to an innocent third party, the original owner of the property stills owns it. The legal concept is the namo dat rule. The thief doesn’t own the stolen item and so can’t sell what the...

1 Apr 202122min

A fraudulent conveyance voided, Johnson & Johnson sued over a blood clot, and sealed Buziak documents

A fraudulent conveyance voided, Johnson & Johnson sued over a blood clot, and sealed Buziak documents

This week on Legally Speaking with Michael Mulligan: In 2003 there was a coastal forestry worker strike in BC. It involved thousands of employees and multiple unions. After three weeks the strike was eventually ended by back-to-work legislation. One of the impacted union locals, led by Sonny Ghag, was not happy about this. Mr. Singh organized the storming of a sawmill owned by Mainland Sawmills Ltd. during which employees were assaulted, people were threatened, and the mill was forced t...

25 Mars 202122min

Wrongful dismissal damages, police officer's $1.5M ICBC claim denied and Civil Resolution Tribunal patently unreasonable

Wrongful dismissal damages, police officer's $1.5M ICBC claim denied and Civil Resolution Tribunal patently unreasonable

This week on Legally Speaking with Michael Mulligan: Mr. Eisler was born in 1932. He left school at age 14 and started work as a farmer and shepherd. By age 18 he was working in the Alberta oil fields. By 22 he was a field supervisor and by age 31 he had started his first company. At age 79 Mr. Eisler was fired by the board of directors of a mining company he started and had worked at for twenty-four years. Mr. Eisler sued for wrongful dismissal but, sadly, died a few months befor...

18 Mars 202123min

US Billionaire vs a fish and game club, BC firearm legislation and a will after separation

US Billionaire vs a fish and game club, BC firearm legislation and a will after separation

This week on Legally Speaking with Michael Mulligan: The Douglas Lake Cattle Company is the largest cattle range in Canada. It is owned by US billionaire Stan Kroenke, who also owns the Colorado Avalanche and the Denver Nuggets, amongst other things. The ranch is so large it completely surrounds two lakes that belong to the Province of BC. For years Mr. Kroenke has been trying to stop people, including members of the Nicola Valley Fish and Game Club, from fishing in the lakes. The legal...

11 Mars 202123min

The Civil Resolution Tribunal vs s. 96 of the Constitution and no hat for a Pastafarian

The Civil Resolution Tribunal vs s. 96 of the Constitution and no hat for a Pastafarian

This week on Legally Speaking with Michael Mulligan: To ensure their independence, Superior Court Judges hold office on good behavior, until age 75, and can only be removed by the Governor General on address of the Senate and House of Commons. The point of this is that you don’t want judges to be fired when they made decisions that the government doesn’t like. If you have a dispute with the government, you want to know that the judge hearing the case isn’t worried about being fired if t...

6 Mars 202122min

BC refused interim injunction for churches breaking COVID rules and BCCA splits over electric bikes

BC refused interim injunction for churches breaking COVID rules and BCCA splits over electric bikes

This week on Legally Speaking with Michael Mulligan: Several churches in the Fraser Valley have been refusing to comply with COVID-19 health rules and have been conducting in-person services. The churches have started a legal challenge to the public health orders on the basis that they believe them to be unconstitutional given constitutional protection for “freedom of conscience and religion”. This, and related constitutional protections, are subject to “such reasonable limits prescribe...

2 Mars 202122min

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