U.S. billionaire appeals fishing access to his giant B.C. ranch, no access to reproductive material after death, and a sexual assault appeal
The Douglas Lake Ranch is the largest private landholding in British Columbia. It’s owned by Stan Kroenke, a US billionaire who also owns the NHL’s Colorado Avalanche and the NFL’s L.A. Rams. The ranch has been involved in a legal dispute for years attempting to stop people from using a road the runs through the ranch, and two lakes that are surrounded by ranch property but owned by the Province of British Columbia. In 2018 the Nicola Valley Fish and Game Club was successful in BC...
27 Nov 202022min
Wrongful conviction for double murder overturned, new family court rules, and Delta Hospice Society medical assistance in dying
This week on Legally Speaking with Michael Mulligan: In 1983 Tomas Yebes was convicted by a Vancouver jury of murdering his two adopted sons, ages 6 and 7. The conviction was upheld by the BC Court of Appeal and the Supreme Court of Canada. Now, at the age of 77, after having spent a decade in jail, and 26 years on parole, thanks to work by the UBC Innocence Project, he has been acquitted. The two boys died as a result of a fire in their bedroom. The original conviction was based on an ...
19 Nov 202023min
Unreasonable refusal of racetrack expansion, join submissions for sentencing and criminal charges started by a vexatious litigant
This week on Legally Speaking with Michael Mulligan: The Municipality of North Cowichan’s decision to refuse approval for the expansion of the Vancouver Island Motorsport Circuit is found to be unreasonable following a judicial review. At issue was whether a racetrack is a permitted use pursuant to the zoning that is in place. The proposed expansion of the facility was to be on land zoned in the same way as the land used for the initial track. The municipality approved...
13 Nov 202022min
Protection against cruel punishment not for corporations, no annulment after wedding day separation and ICBC stores 518 acid damages cars
This week on Legally Speaking with Michael Mulligan: For some legal purposes, corporations are treated like people: they can enter into contracts, own property, engage in litigation, and be charged with committing offences. Some constitutional protections also apply to corporations: the right to be free from “unreasonable search and seizure” and the right to a trial within a reasonable period of time for example. Other constitutional protections don’t apply to corporations includi...
6 Nov 202022min
Dangerous Driving Causing Bodily Harm sentencing, a separation agreement with life insurance and Aeroplan points, and a COVID-19 limitation period case
This week on Legally Speaking with Michael Mulligan: Sentencing considerations for dangerous driving causing bodily harm: why do we sentence someone who drives dangerously and has an accident that causes serious bodily harm differently from someone who drives in the same way but is lucky and does not cause an accident? The Criminal Code sets out various factors, and principles, that a judge is required to consider including denunciation, deterrence, and rehabilitation that must be balanced.&n...
29 Okt 202021min
Vote counting controversy resolved in court, an acquittal on an attempted murder charge, and alleging perjury results in special costs
This week on legally speaking with Michael Mulligan: While attempting to count ballots cast for the election of a board of directors for the Shon Yee Benevolent Association things went sideways when water spilled on a table during the vote count. Once this was cleaned up it was unclear whether a disputed ballot had been included in a count on a whiteboard, or where the ballot had been put. Various other ballots had been marked in unusual ways, including a mixture of tick marks, cr...
23 Okt 202021min
Fathers unsuccessful in obtaining an injunction for increased COVID-19 school safety and a distracted driving conviction for wearing earbuds plugged into a dead iPhone
This week on Legally Speaking with Michael Mulligan: Two fathers with children and family members that have pre-existing medical conditions were unsuccessful in an application for an interim injunction to require British Columbia schools to implement additional COVID-19 protections such as social distancing, and mandatory mask-wearing in classrooms. The judge on the application was not prepared to rely on media reports concerning the number of exposures in schools. In addition, the judg...
17 Okt 202022min
ICBC no fault insurance and the Civil Resolution Tribunal
The mandatory ICBC no-fault insurance system that has been proposed for British Columbia is intended to save money by no longer spending time determining who was at fault in an accident. Someone who caused an accident would receive the same benefits as the person they crashed into. Disputes would, however, still arise with respect to how seriously some was injured, or how much compensation they should be provided. It just wouldn’t matter if the person caused the accident or not. C...
8 Okt 202021min
