Evicted tenant denied 12 months rent, NCRMD detention upheld, and 4 years for firearms manslaughter
This week on Legally Speaking with Michael Mulligan: Only a tiny percentage of contracts ever end up in court. This is because contracts are intended to be agreements both parties wish to enter. If, for example, you agree to purchase a home from someone, both you and the seller presumably want to buy and sell the home for an agreed price. Nobody is required to force the home sale to complete as agreed. For understandable political reasons, contracts to rent homes are often no longe...
15 Maj 202323min
Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional
This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has created a new, very high hurdle for a judge to dismiss applications in criminal cases summarily without allowing the party making the application to call evidence. The case that gave rise to the issue involved an application for a stay of proceedings brought by two men found guilty of six murder charges. The trial judge refused to hear an application for the stay of proceedings based on several allegations...
8 Maj 202322min
Disclosure failure results in wrongful conviction and Crown independent of police
This week on Legally Speaking with Michael Mulligan: In 2013, a 28-year-old babysitter, and mother of four, was charged with murder when a 19-month-old drowned in a bathtub. The case against her was based on the opinion of a pathologist who alleged that “there is no benign explanation” for injuries sustained by the child and that the child had “extensive bruising” that is “typical of abused children.” The babysitter, who had “Borderline Intellectual Functioning,” agreed to plead guilty t...
13 Apr 202322min
BC NDP misunderstands legislation and lawyers on the lawn, bail conditions and hidden camera class action
This week on Legally Speaking with Michael Mulligan: For many years, the BC government has paid all lawyers working for it on the same basis as contracts negotiated by the union representing Crown Counsel. Recently the government decided to stop doing this. That decision likely increased support for the rest of the lawyers to sign up to join the BC Government Lawyers Association: 75% did so. The BC NDP government, whose core support is organized labour, recently introduced legislation enti...
17 Mars 202322min
Eby's repeated attempts at money laundering charges and eye surgery gone wrong
This week on Legally Speaking with Michael Mulligan: A third charge approval review, ordered by David Eby, comes to the same conclusion as the first two: there is no basis for money laundering charges arising from a large RCMP investigation into cash or casino chips being provided to high-stakes Chinese gamblers. A long-running public inquiry, also ordered by Mr. Eby, revealed that high-stakes gamblers from China were bypassing Chinese limits on how much money they were permitted to take o...
10 Mars 202321min
Civil forfeiture for future unlawful activity, sentencing after a jury verdict, and notice of injunction required
This week on Legally Speaking with Michael Mulligan: Unlike in the United States, where property rights are constitutionally protected, there is no similar protection in the Canadian Charter. Various provinces, including British Columbia, have set up civil forfeiture regimes that permit property to be seized absent any criminal conviction. Civil forfeiture can occur based on a civil standard of a balance of probabilities, rather than proof beyond a reasonable doubt. In British Columbia...
16 Feb 202323min
A notary avoids liability for an unconscionable home sale by a senior and a tree bylaw can't stop farming
This week on Legally Speaking with Michael Mulligan: Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than 500 pages, 67 authorities, and over 90 pages of written submissions, a BC Supreme Court Judge has concluded that the District of Central Saanich did not have authority, pursuant to its Tree Protection Bylaw, to prevent a farmer from clearing trees to expand their farm. The judge concluded that...
9 Feb 202322min
Flying Squad sentencing, property tax exemption for religion, and a Gladue sentence appeal
This week on Legally Speaking with Michael Mulligan: A University of Victoria instructor pleaded guilty to criminal contempt for blocking a road by chaining himself to a log. Other people who had been convicted in similar circumstances have been sentenced to a period of probation with 100 hours of community work service. Following the man's arrest, his bag, containing $1605 of his camping gear, was “repeatedly run over by a road grader”. Judges can consider the “collateral conseq...
5 Jan 202323min
