Crimes against humanity are now part of Canadian law, ineffective snowboarding waiver signs, and an acid spill damaged thousands of vehicles

  The Supreme Court of Canada has permitted a claim by workers at a mine in Eritrea to proceed, after concluding that Canada has adopted “customary international law” into the Canadian legal system. The Eritrean miners brought the proposed class claim action against a British Columbia based mining company, which is a part-owner of the […]

ICBC decisions should be subject to independent review, counselling an offence is also and offence, and aboriginal title vs sovereignty

  If BC moves to an ICBC monopoly no-fault auto insurance system, as has been proposed, the suggested avenues for a review of ICBC decisions would not be adequate, or fair. Apart from an ombudsperson, and fairness offer, who would have no actual authority to correct unfair decisions by ICBC, what has been suggested is […]

Who decides how and when unlawful protesters are removed and ICBC’s finances: dumpster fire or a political excuse?

  Who decides if, how, and when, protesters who are blocking rail lines, ferries, driveways, or bridges are to be removed? Both protesters, and politicians, have suggested that either the Premier of BC, or the Prime Minister of Canada should, or should not, remove protesters who are obstructing transportation infrastructure or natural gas pipeline construction. […]

ICBC No Fault pre-election refunds funded by delaying payments to the disabled and Uber gets an injunction

This week on Legally Speaking with Michael Mulligan: The ICBC no-fault system proposed by the NDP would save money by not providing compensation for the loss of future earning capacity. Currently, with our fault-based system, if someone is seriously injured by a careless driver, they would be entitled to be put back into the position […]

Quarantine legislation in Canada and the BCNDP proposes no-fault car insurance

  On the show this week: The Canadian Quarantine Act, and BC Public Health Act powers to quarantine people or order treatment in response to the Wuhan Coronavirus, as well as an analysis of the NDP government’s latest proposal for no-fault car insurance. The Canadian Quarantine Act and BC Public Health Act provide broad powers […]

Extinguishing the ICBC dumpster fire fairly

  On the show this week: ICBC. The government-owned insurance company has run into financial difficulty as a result of both how the company has been operated, and political decisions to take money that it had been saved for the purpose of paying claims out of the company in order to balance the provincial budget. […]

$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 […]

Foreign Buyers’ Tax discrimination and unconstitutional limits on experts in ICBC cases

Listen on Apple Podcasts Canada and British Columbia have a very unfortunate history of racist legislation intended to restrict Chinese immigration. This includes the Chinese Immigration Act (1885), which imposed a head tax, the Opium Act (1908) which was passed following anti-Asian riots in 1907 that involved destruction in Vancouver’s Chinatown as well as Japanese […]

An alternative to an ICBC rate hike – a deductible

Report warns ICBC rates could rise 30% by 2019 Victoria Lawyer Michael Mulligan on CHEK News proposing an alternative to a 30% ICBC rate hike: adding a deductible for drivers who cause accidents. Requiring divers who cause an accident to pay a deductible, such as that which applies if you make a claim for a […]

ICBC fails to disclose impaired driving report as required

In 2010 the Province of British Columbia introduced new impaired driving legislation. The legislation resulted in most impaired driving allegations being dealt with by way of a 3, 7, 30 or 90 day administrative driving prohibition rather than a criminal charge. Since 2010 the administrative impaired driving legislation scheme has been the subject of various court […]