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 As a result of the outdated, and confusing, legislative scheme even police officers who are charged with enforcing the scheme are […]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 […]

$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, […]

Religious oaths in court, a poisoned blueberry farm, and Police Act staffing requirements

Listen on Apple Podcasts In British Columbia witnesses who are testifying in court are required to choose between swearing a religious oath, or making an affirmation, to tell the truth. Children under 14 are only asked to promise to tell the truth. The origin of oaths, to tell the truth, was a belief that divine […]

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 […]

Saanich School Strike and Labour Relations Code Essential Service Designation, Criminal Code Limitation Periods and a Class Action for Credit Union Overdraft Charges

Listen on Apple Podcasts After almost two weeks Saanich schools are still closed as a result of a strike by support staff. Support staff are seeking a wage increase to match other school districts. The support staff ended up with lower salaries as a result of past contracts that provided for greater benefits, instead of […]