Entries by mtp_admin

No appeal to the SCC over plastic bags and misleading statements by politicians concerning the Coastal GasLink Pipeline injunction

  Listen on Apple Podcasts Topics discussed on the show this week include the Supreme Court of Canada refusing an application by the City of Victoria for leave to appeal a decision by the BC Court of Appeal that the city lacked jurisdiction to ban plastic bags. In addition, various politicians have mischaracterized the nature […]

Suing a municipality for poor snow clearing and a finding of “Family Violence” against a father for opposing hormone treatment for child with gender dysphoria overturned

  Two new British Columbia Court of Appeal decisions are discussed on the show this week. When can you sue a municipality for an injury caused by poorly cleared snow? The Court of Appeal provided some clarity in a recent case against the City of Nelson. The plaintiff suffered a serious leg injury after stepping […]

Distracted driving confusion, limits on liability for airlines, and the demonstration of smudging in school is permitted

  The Motor Vehicle Act distracted driving provisions are in need of an update in order to both provide clarity, and to address technological changes that have taken place over the past ten years. As a result of the outdated, and confusing, legislative scheme even police officers who are charged with enforcing the scheme are […]

Use of human reproductive material after death, procedural unfairness in transferring a transgender female inmate to a jail for men, and a note rather than a will

Listen on Apple Podcasts The first topic on the show: Sperm, recovered from a man shortly after his death, pursuant to an interim court order, will not be provided to the man’s wife because the man had not provided his written consent before he died. The Assisted Human Reproduction Act requires written consent for the […]

$20,000 award for an unlawful arrest for not holding a handrail, what can breach your ICBC coverage, and Law Society rules for lawyers making public statements

Listen on Apple Podcast Police officers in Montreal believed that a warning picture on an escalator, suggesting that people hold the handrail, made this a legal requirement. The police officers ordered a woman to hold onto the handrail and, when she refused, they arrested her, placed her in handcuffs, searched her purse, and issued her […]

Three parents on birth registration, sentencing where facts are disputed, and a $600,000 judgement when house purchase not completed

Listen on Apple Podcasts  What’s required for three people to be listed as parents on birth certificates, for children of a same-sex couple, who were conceived with sperm from a friend, who also wished to participate in raising the children? The British Columbia Family Law Act attempts to contemplate a wide range of modern scenarios, […]

Education removed from list of essential services prior to the Saanich school strike, funding for poverty law clinics, and litigation over law school naming rights

Listen on Apple Podcasts With Saanich schools closed for a third week as a result of a strike, 2019 amendments to the Labour Relations Code are discussed. These amendments removed a specific provision that declared “the provision of educational programs for students and eligible children under the School Act” to be an essential service. This […]