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. […]

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 […]

Jail for editing the DNA of embryos to prevent HIV and class actions against Shaw and the University of Victoria

Listen on Apple Podcasts Three Chinese scientists were sentenced to jail for editing the genes of three fetuses in an attempt to provide immunity from HIV. The scientist used CRISPR in an attempt to disable the gene that allows the HIV virus to enter a cell. The fathers of the children, who appear to be […]

Canadian citizenship for the son of Russian Spies, US Super Bowl Commercials in Canada and a class action against Ticketmaster

Listen on Apple Podcasts The Supreme Court of Canada has ruled that a man, born in Canada, to parents who were undercover Russian spies, is a Canadian citizen. This decision, and two others, including a finding that the CRTC does not have the power to require US Super Bowl ads to be shown in Canada, […]

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 […]