Vicarious Liability for Sexual Abuse and Sick Notes for Traffic Court
The complex legal landscape of vicarious liability takes center stage in this illuminating discussion with Lawyer Michael Mulligan. At the heart of our conversation is a heartbreaking Victoria case where a retired teacher-turned-tutor sexually abused a grade six student, resulting in a $2.3 million judgment. We dissect the Court of Appeal's reasoning on why, despite creating the initial relationship, the school board wasn't held vicariously liable for the teacher's actions that occurred after...
8 Maj 21min
From Warrants to Wheelchairs: Legal Solutions for Those Who Need Them Most
Navigating mental health crises poses profound challenges for families watching loved ones deteriorate without effective intervention options. This episode sheds light on a powerful yet underutilized legal tool - Section 28 of BC's Mental Health Act, which allows family members and concerned individuals to apply directly for a "warrant of apprehension" when someone exhibits dangerous mental health symptoms. A recent Colwood court judgment outlines exactly how this process works, revealing th...
2 Maj 21min
ICBC Privacy Breaches and Rap Evidence in a Murder Trial
Privacy rights take center stage as the BC Court of Appeal delivers a powerful message to organizations handling sensitive information. When an ICBC employee sold policyholder data to criminal organizations, resulting in targeted arson and shooting attacks against numerous victims, the insurance giant fought tooth and nail to minimize compensation. The Court ultimately upheld a $15,000 award for each affected individual, establishing a crucial precedent that privacy violations cause significa...
24 Apr 21min
Once a Student, Always a Bankrupt? The Supreme Court Weighs In
The boundaries between student life and financial freedom come under scrutiny in this fascinating examination of a groundbreaking Supreme Court of Canada decision. When does your status as a "student" truly end? According to Canada's highest court, returning to school—even part-time and self-funded—resets the seven-year countdown clock that protects government student loans from bankruptcy proceedings. Through a split 6-3 decision, the court delves into the subtle nuances of legal language, ...
17 Apr 19min
Demons on Motorcycles: When Psychiatric Breaks Meet Civil Responsibility
What happens when someone experiencing a psychotic episode intentionally crashes into a motorcyclist they believe is a "demon"? This fascinating exploration of mental illness and legal liability takes us through a landmark BC case that transforms how we understand responsibility when reality breaks down. The distinction between criminal and civil liability becomes crucial as we follow the story of a man with no prior psychiatric history who suffered a complete psychotic break in 2018. While ...
11 Apr 22min
Rescuer Doctrine and Security for Costs
The complex interplay between law, morality, and human tragedy takes center stage in our latest episode examining three compelling legal cases that highlight how our justice system navigates competing interests. We begin by exploring the "rescuer doctrine" - a legal principle establishing that if someone's negligence creates a dangerous situation, they can be liable for injuries sustained by those who attempt to help. This emerged in a heartrending case involving a woman who rushed to save a...
3 Apr 21min
Special Edition - Bill 7: Eby Power Grab Partially Walked Back
Premier David Eby's partial retreat on the Economic Stabilization Tariff Response Act marks a significant moment in BC's response to US tariff threats. While the government has agreed to remove Part 4 of Bill 7—the section granting powers to amend legislation without parliamentary approval—legal expert Michael Mulligan reveals why serious concerns remain. The bill still contains provisions allowing the government to unilaterally cancel contracts, change procurement practices, and impose taxe...
30 Mars 15min
The $95,000 Gamble: Civil Resolution Tribunal Lessons and Residential Tenancy Mansion Dispute
The latest Legally Speaking segment with Michael Mulligan takes listeners on a fascinating journey through British Columbia's alternative dispute resolution landscape, revealing both promising innovations and concerning pitfalls in our justice system. The conversation begins with an extraordinary Civil Resolution Tribunal case in which a woman abandoned $95,000 of her $100,000 claim to proceed in a forum designed for minor disputes—only to lose everything. This cautionary tale illustrates th...
28 Mars 22min
