When A Guest Won’t Leave
A single sentence in the Criminal Code can decide whether you can legally remove someone from your home—or whether you’re suddenly the one at risk of an assault charge. We break down a fresh BC Supreme Court ruling that reads purpose into Parliament’s 2011 reforms on self-defence and defence of property, answering a practical question with big stakes: if you invite someone in and later revoke consent, can you use reasonable force to make them leave? Short answer: yes, if you give a reasonable time to go and the force is proportionate, because the law was never meant to grant squatters’ rights to rowdy guests and stubborn salespeople.
From there, we follow the thread of “reasonableness” into family law. British Columbia treats partners who live together in a marriage-like relationship for two continuous years as spouses for property division, but the crucial trigger is separation. The two-year limitation period starts when you separate, not when the romance finally fizzles. In the case we unpack, on‑again, off‑again reunions couldn’t reset the clock. If you plan to claim division of property, mark the separation date, organise documents, and act before the window closes.
We close with a cautionary tale about civil procedure and proportionality: a $9,000 used SUV, mechanical trouble, and a claim that ballooned to $250 million. The court ordered security for costs, balancing access to justice against the burden of defending an outsized, low‑merit case with little chance of recovering expenses. Together, these stories showcase how Canadian courts weigh text, purpose, and fairness—guarding property rights, enforcing clear timelines, and filtering litigation through practical safeguards.
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Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.