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 […]

Election Act voting requirements for mail in ballots, and third party advertising rules

Because the British Columbia provincial election was called suddenly none of the political parties have candidates nominated in all ridings. As a result of COVID-19, many people have also requested mail-in ballots. Without candidates having been determined yet, the mail-in ballots being distributed simply have a blank space to write in the name of the […]

The Lascelles Principles – when a Premier or PM can’t demand an election, an annulment for impotence and a false claim to inherit a house

  The premier of a province doesn’t actually have the authority to call an election. Authority to dissolve the legislature and call an election resides with the Lieutenant Governor. Ordinarily, the Lieutenant Governor would call an election at the request of the premier. In unusual circumstances, such as those that currently exist in British Columbia, […]

COVID-19 school disputes, parenting coordinators, reports from trial judges for appeals, management fees and interest

  This week on Legally Speaking with Michael Mulligan: As schools attempt to reopen for in-person instruction, amidst increasing COVID-19 infection rates, disputes between separated parents over sending children back to school have started showing up in court. Disputes of this kind are analyzed based on the best interest of the child. In a recent […]

An illegal Airbnb contract not enforceable in court, a class action for a data breach, and the BC legislature irrationally changes the pay of judges

  This week on Legally Speaking with Michael Mulligan: A claim for an alleged breach of contract to rent a property so as to permit it to be used as an Airbnb is denied on the basis that the short-term rentals are not lawfully permitted. Contracts involving illegal activity are not enforceable in court. You […]

A court application to stop unsafe school reopening, legislation prohibiting claims for COVID-19, and firing justified for not wearing safety equipmenet

  This week on Legally Speaking with Michael Mulligan: Two fathers have filed a petition in the British Columbia Supreme Court to prevent schools from reopening without adequate COVID-19 safety protocols. In order to permit schools to reopen, the latest provincial Public Health Act order that sets out safety requirements for virtually any public gathering […]

Bitcoin litigation, police authority to stop vehicles has limits, and jurisdiction over a family law case for an international sailing couple

  This week on Legally Speaking with Michael Mulligan: In 2018 a BC man made an agreement to sell 50 bitcoins for $10,700 each for a total of $535,000. The purchaser didn’t complete the purchase of the bitcoin, so the prospective seller sued. The person who was sued claimed that he didn’t enter into the […]

A neighbour dispute leads to a jackhammered retaining wall and a $16,000 award, Dangerous vs Long-Term Offender classifications, and a costs award against a lawyer

  This week on Legally Speaking with Michael Mulligan: A long-running neighbour dispute over garbage, grass clippings, dog feces, a dead snake on a trampoline, and a retaining wall consumes 13 days of court time and results in a $16,000 award. One of the feuding neighbours spray painted and then jackhammered a concrete retaining wall […]

Police Act public inquiry into transit police assault of black UBC student, judicial salaries and cabinet documents, and UBC appeals a $1.15 million Fisheries Act fine

  In 2011 a black, 22-year-old, UBC student went to the upper deck of a SkyTrain station to meet a friend. As he was not planning to ride the SkyTrain, he did not purchase a ticket, despite being in a “fare paid” zone. When he received a message from his friend, advising of a change […]

Beacon Hill Park trust conditions and an ICBC employee sells personal information to drug deals who use it to attack the homes of police officers

  As a result of the City of Victoria deciding not to enforce a bylaw that prohibits camping in Beacon Hill Park, 78 structures have been erected in the park. Following weeks of complaints from nearby residents, and other people wishing to use the park, the City of Victoria obtained an interim injunction requiring people […]