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 […]

Publication Bans, Judicial Recounts, Extradition, and Distracted Driving by an Interlock Device

Topics Discussed: A new BC Supreme Court policy concerning bans on publication and closed courtrooms permits automatic notification of applications for the media as well as a web site listing publication bans, to make it easier to determine if there is a publication ban is in place. Judicial Recounts: what is required for an automatic, […]

Diplomatic Immunity, Parking Immunity, and Legal Aid Funding

  Legally Speaking with Michael Mulligan Diplomatic Immunity – The wife of a US diplomat killed a British teenager in a car accident but was able to avoid prosecution and leave the UK as a result of diplomatic immunity. Topics discussed include the Vienna Convention on Diplomatic Relations and how this is implemented in Canada. […]

Victoria area woman with Bell’s palsy failing breathalyzer fuels calls for change

Victoria Lawyer Michael Mulligan commenting in Global News story by Richard Zussman. Sober drivers, who are unable to provide breath samples as a result of physical disabilities, are being subjected to fines and driving prohibitions. Mulligan says the change “runs real risk of capturing innocent people” and should be changed to allow people to properly […]

Impaired Driving by Drugs – Any Detectable Amount

Times Colonist Story by Louise Dickson – Under Canada’s new impaired-driving laws, it’s a criminal offence to have “any detectable amount” of cocaine, methamphetamine, magic mushrooms, LSD, ketamine or PCP in your blood. “You can do a very careful analysis of blood and detect a minute amount of some drug, but there’s no reason to think […]

Broader drink-drive law raises concerns about discrimination

Victoria Criminal Lawyer Robert Mulligan, Q.C., discussing the potentially discriminatory impact of changes to impaired driving laws in a Times Colonist story by Katie DeRosa. “The concern is that this broadened power will facilitate potentially inequitable or discriminatory effects,” Mulligan said. “If you can make demands of anyone who is lawfully stopped, such as during […]

Impaired Driving Changes – Random Alcohol testing and THC Limits

Victoria lawyer Michael Mulligan commenting on changes to impaired driving laws in a Times Colonist article by Louise Dickson. The changes will permit random alcohol testing and will set THC limits that may not correspond with actual impairment. http://www.timescolonist.com/news/local/breath-test-can-t-be-refused-under-new-drunk-driving-law-1.23355573