Document Dumps and Fluffing Cushions

 

Ever wondered what happens when one party drops 4 million documents on their opponent in a lawsuit? Michael Mulligan explains the fascinating legal concept of an “impermissible document dump” through the lens of a billion-dollar dispute over the North Shore Wastewater Treatment Plant. The case reveals how modern litigation handles vast electronic records and when providing mountains of documents crosses from thorough disclosure to litigation obstruction.

The contrast couldn’t be greater when we shift to a dispute over sofa cushions that need “fluffing.” When purchasers discovered their $4,400 sofa required constant maintenance despite requesting one that was “solid and not floppy,” they sought a full refund seven months later. The judge’s decision offers a perfect example of how consumer protection laws balance remedies against practical realities. While the customers couldn’t return a seven-month-used sofa for a full refund, they did receive $500 for the “inconvenience and distress” of cushion maintenance – a small but meaningful victory.

Perhaps most illuminating is our examination of what constitutes a “marriage-like relationship” under BC law. When a woman claimed two separate periods of cohabitation (18 months and 22.5 months) should qualify her as a spouse entitled to property division and support, the court had to determine if discontinuous periods could be combined. The judge’s 39-page decision dissecting the intimate details of their relationship highlights the challenge of applying family law to complex human connections. The ruling that periods must be continuous serves as a critical warning about the unexpected legal implications of your living arrangements. This case demonstrates why clarity in relationship status matters and raises questions about whether our current approach to defining common-law relationships serves those it aims to protect.

 

Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.