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
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
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
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
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
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
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
Fake doctor goes to jail, good faith and expected profit, default judgment, and decriminalizing drugs
This week on Legally Speaking with Michael Mulligan: What happens when someone, repeatedly, pretends to be a medical doctor, despite repeated injunctions and fines being imposed? They go to jail. The College of Physicians and Surgeons of British Columbia is responsible for bringing applications to the BC Supreme Court to stop someone who is not qualified from using titles like “Dr.” or “Physician”. In the case discussed on the show, Ms. Ezzati pretended to be a doctor and performe...
12 Feb 202122min
